[R.O. 2009 §31-84; Ord. No. 2928 §31-84, 12-22-1999]
It shall be the duty of the Building Official, or any Building
Inspector working under his/her direction, to enforce the provisions
of this Chapter and to refuse to issue any permit for any building
or structure or for the use of any lot which would violate any of
the provisions hereof and to cause any building, structure, place
or lot to be inspected and examined and to order in writing the remedying
of any condition found to exist therein or threat in violation of
any provisions of this Chapter. In case any building or structure
is erected, constructed, reconstructed, altered, converted or maintained
or any building, structure or land is used in violation of this Chapter,
the Building Official is hereby authorized and directed to institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use to restrain, correct or abate such violation and to prevent
the occupancy of such building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises.
[R.O. 2009 §31-95; Ord. No. 2928 §31-95, 12-22-1999; Ord. No. 3131 §II(31-95), 12-12-2001]
A.
The
Council may, from time to time on its own motion or on petition after
public notice and hearings thereon as provided in this Chapter, amend,
supplement, change, modify or repeal the regulations and restrictions
as established herein. Before taking any action upon any proposed
amendment, modification, change, restriction or extension, the same
shall be referred by the Council to the Planning and Zoning Commission
for report and recommendations.
B.
Such
regulations, restrictions, and boundaries may from time to time be
amended, supplemented, changed, modified or repealed. In case, however,
of a protest against such change duly signed and acknowledged by the
owners of thirty percent (30%) or more, either of the areas of the
land (exclusive of streets and alleys) included in such proposed change
or within an area determined by lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundaries of the district
proposed to be changed, such amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of all the members
of the legislative body of such municipality. The provisions of Section
89.050, RSMo., relative to public hearing and official notice shall
apply equally to all changes or amendments.
C.
No
action on an amendment, change, modification or repeal shall be taken
until after a public hearing in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard. At
least fifteen (15) days' notice of the time and place of such hearing
shall be published in a paper of general circulation in the City;
provided however, that petitioners for proposed amendments, modifications,
changes, restrictions or extensions shall deposit with the City Clerk,
at the time of filing such petition, a filing fee in the sum of one
hundred fifty dollars ($150.00). Such sum of one hundred fifty dollars
($150.00) shall be paid to the City for deposit to the credit of the
General Fund of the City. Such sum of one hundred fifty dollars ($150.00)
shall be refunded to the petitioner upon recommendation of the Board
of Adjustment provided that no publication of notice of hearing thereon
has been ordered by the City. There shall be no publication of notice
of hearing or a hearing, unless such deposit of seventy-five dollars
($75.00) shall be in the hands of the City.
D.
Applicant
must post a four (4) foot by eight (8) foot minimum sign on the property
fifteen (15) days prior to the hearing on district rezoning changes.
A.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation, or who maintains any
building or premises in which any such violation shall exist shall
be guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and every day that such violation shall
continue, or by imprisonment for ten (10) days for each and every
day such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
B.
Any
such person who, having been served with an order to remove any such
violation, shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[R.O. 2009 §31-88; Ord. No. 2928 §31-88, 12-22-1999]
A.
A Board of Adjustment is hereby established in accordance with the provisions of Sections 89.010 — 89.140, RSMo., regarding the zoning of Cities. The powers and duties of the Board are outlined in Section 405.940.
B.
The
City Council shall provide for the appointment of a Board of Adjustment,
and in the regulations and restrictions adopted pursuant to the authority
of Sections 89.010 to 89.140, RSMo., may provide that the Board of
Adjustment may determine and vary their application in harmony with
their general purpose and intent and in accordance with general or
specific rules therein contained. The Board of Adjustment shall consist
of five (5) members with two (2) alternates, who shall be residents
of the municipality except as provided in Section 305.410, RSMo. The
membership of the first (1st) Board appointed shall serve respectively,
one (1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years, one (1) for four (4) years, and one (1) for five (5) years.
Thereafter members shall be appointed for terms of five (5) years
each. Three (3) alternate members may be appointed to serve in the
absence of or the disqualification of the regular members. All members
and alternates shall be removable for cause by the appointing authority
upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term of any member whose term becomes vacant.
The Board shall elect its own Chairman who shall serve for one (1)
year.
[R.O. 2009 §31-89; Ord. No. 2928 §31-89, 12-22-1999]
A.
The
Board shall organize and adopt rules for its own government in accordance
with this Chapter. Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
The Chairman, or in his/her absence the acting Chairman, may administer
oaths and the Board may compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question
or, if absent or failing to vote, indicating such fact and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Board and shall be
a public record. All testimony, objections thereto and rulings thereon,
shall be taken down by a reporter employed by the Board for that purpose.
B.
Three
(3) members of the Board shall constitute a quorum. The Board shall
act by resolution, and the concurring vote of four (4) members of
the Board shall be necessary to reverse any order or determination
of the Building Official or to decide in favor of an applicant in
any matter on which the Board has original jurisdiction under this
Chapter or to grant any variance from the requirements stipulated
in this Chapter.
[R.O. 2009 §31-90; Ord. No. 2928 §31-90, 12-22-1999; Ord. No. 3872 §I(31-90), 5-13-2009]
A.
Appeals
to the Board of Adjustment may be taken by any person aggrieved, any
neighborhood organization as defined in Section 32.105, RSMo., representing
such person or by any officer, department, board or bureau of the
City affected by any decision of the Building Official. Such appeal
shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the Building Official and with the Board
a notice of appeal specifying the grounds thereof. The Building Official
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Official certifies to the Board, in writing,
after the notice of appeal shall be filed with him/her that by reason
of facts stated in the certificate, a stay would, in his/her opinion,
cause eminent peril to life or property. In such cases, proceedings
shall not be stayed unless, after a hearing, a restraining order shall
be granted by a court of record.
C.
The
Board shall fix a reasonable time for the hearing of the appeal, give
public notice thereof as well as due notice to the parties in interest
and decide the same within a reasonable time. Upon the hearing any
party may appear in person or by agent or by attorney.
D.
Persons
making applications appealing to the Board of Adjustment shall deposit
with the City, at the time of filing such appeal, a filing fee in
the sum of one hundred fifty dollars ($150.00). Such sum of one hundred
fifty dollars ($150.00) shall be paid to the City for deposit to the
credit of the General Fund of the City. Such deposit shall be refunded
to the petitioner upon written request; provided that no publication
of notice of hearing thereon has been ordered by the Board of Adjustment;
and provided that no hearing thereon was held. There shall be no publication
of notice of hearing and no hearing by the Board of Adjustment unless
such deposit of one hundred fifty dollars ($150.00) shall be in the
hands of the City; and that if the petition to the Board of Adjustment
is for an appeal from a decision of the Building Official and the
Board of Adjustment should rule against the petitioner, the petitioner
shall be liable to the City for all costs expended for any hearing
on the petition; and further, in all cases where petitioner seeks
variance from present ordinances, petitioner shall be liable and pay
all costs expended upon any public hearings.
E.
An
application that has been denied shall not be resubmitted for a period
of eighteen (18) months unless the application has been revised in
a substantial manner.
[R.O. 2009 §31-91; Ord. No. 2928 §31-91, 12-22-1999; Ord. No. 2977 §I(31-91), 6-28-2000]
A.
The
Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination by the Building
Official in the enforcement of this Chapter;
3.
To interpret the provisions of this Chapter where uncertainty exists
as to their meaning or intent;
6.
To permit the temporary use of a structure or lot in any district
for a purpose or use that does not conform to the regulations prescribed
elsewhere in this Chapter for the district in which it is located,
provided that such use be of a temporary nature and not involve the
erection of a substantial structure and, further provided, that a
certificate of occupancy for such use shall be authorized in the form
of a temporary and revocable permit for not more than a twelve (12)
month period, subject to such conditions as will safeguard the public
health, safety, morals and general welfare; and
7.
Such other duties as may be required by the provisions of this Chapter.
B.
In
exercising the above-mentioned powers, such Board may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as ought to be made and to that end shall
have all powers of the officer from whom the appeal is taken.
C.
Board of Adjustment authorization allowing a specific use of any property or construction or expansion of any structure related to said use will also require that said use and/or construction/expansion must be initiated within one (1) year of the date of Board of Adjustment authorization. After one (1) year the authorization expires and a new application must be made to the Board of Adjustment. Temporary permits may be issued by the Board of Adjustment for periods of up to one (1) year as per Section 405.940(A)(6) of the Festus zoning ordinance.
[R.O. 2009 §31-93; Ord. No. 2928 §31-93, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A.
In
authorizing a variance, the Board may attach thereto such conditions
regarding the location, character and other features of the proposed
structure or use as it may deem necessary in the interest of the furtherance
of the purposes of this Chapter and in the public interest. In authorizing
a variance with attached conditions, the Board shall require such
evidence and guarantee of bond, as it may deem necessary, that the
conditions attached are and will be complied with.
B.
No
such variance shall be authorized by the Board unless the Board finds,
beyond reasonable doubt, that all the following facts and conditions
exist:
1.
There are exceptional or extraordinary circumstances applying to
the use, or to the intended use of the property in question, that
do not apply to the use of other property in the same zoning district;
2.
Such variance is necessary for the preservation and enjoyment of
substantial property rights as possessed by other properties in the
same zoning district;
3.
The authorizing of such variance will not be of substantial detriment
to adjacent property, the public health or welfare is not jeopardized
and the variance will not materially impair the purposes of this Chapter
or the public interest;
4.
The regulations of this Chapter impose serious practical difficulties
or unnecessary hardship on the landowner; and
5.
The petitioner, through his/her own previous actions, did not create
the need for the variance.
C.
No
grant of a variance shall be authorized unless the Board specifically
finds that the condition or situation of the specific piece of property
or the intended use of such property for which variance is sought,
one or the other or in combination, is not of so general or recurrent
a nature as to make reasonably practicable the formulation of a general
regulation for such conditions or situation.
[R.O. 2009 §31-94; Ord. No. 2928 §31-94, 12-22-1999]
Any person jointly or severally aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons, by any decision of the Board of Adjustment may
present to the Circuit Court of the County a petition, duly verified,
setting forth that such decision is illegal, in whole or in part,
specifying the grounds of the illegality. Such petition shall be presented
to the court within thirty (30) days after the filing of the decision
in the office of the Board.
