[R.O. 2012 §400.200; CC 1979 §32-21; Ord. No. A-1867 §16, 2-22-1984]
A.
In
order to facilitate enforcement of the provisions of this Chapter,
notice of any proposed new construction, moving a building or structural
changes which will result in extension of the exterior walls of any
structure shall be given the City Clerk on forms supplied by the City
Clerk, in the form designated by the City Council. This form shall
be designed so as to furnish information which will indicate compliance
or non-compliance with this Chapter and shall include a rough plot
plan indicating distances from the boundary lines. Such notice shall
be given not less than ten (10) days prior to the start of such construction
or movement.
B.
The
City Council shall appoint a Zoning Inspector, who shall be furnished
a copy of such notice and who shall make an inspection of the property
to ascertain that the proposed construction or movement will not violate
provisions of this Chapter and issue a permit to the owner of the
property if he/she finds that such construction or movement will not
violate this Chapter. Such initial inspection shall be made not more
than ten (10) days after receipt of such notice by the City Clerk,
and a copy of the permit issued shall be forwarded to the Board of
Adjustment within twenty-four (24) hours after it is issued.
C.
No
new construction or structural changes shall be commenced, and no
building shall be moved, until the permit required by this Section
has been issued.
D.
The
Zoning Inspector shall also inspect the property subsequent to completion
of construction or movement and report compliance or non-compliance
to the Board of Adjustment not more than thirty (30) days after such
completion of construction or movement.
E.
The
City Clerk shall furnish to the Board of Adjustment a copy of all
original notices of construction, movement or structural changes at
the next regular meeting of that body after any such notice has been
made.
F.
The
City Council shall establish such inspection fees as it deems necessary
to cover the cost of the inspection.
[R.O. 2012 §400.210; CC 1979 §32-22; Ord. No. A-1867 §17, 2-22-1984]
The City Council may, from time to time, on its own motion or
on petition, after public notice, hold hearings on, as provided in
this Article and may amend, supplement, change, modify or repeal the
classifications, regulations and restrictions as established in this
Article, and may change, restrict or extend the boundaries of the
various districts established herein. Before taking any action upon
any proposed amendment, modifications, change, restriction or extension,
the same shall be referred by the Council to the Zoning and Planning
Commission for report and recommendation.
[R.O. 2012 §400.220; CC 1979 §32-23; Ord. No. A-1867 §18, 2-22-1984]
If a protest against any such amendment, change, modification, repeal, restriction or extension as provided in Section 400.210 shall be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either 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 be passed, except by two-thirds (2/3) vote of the Council.
[R.O. 2012 §400.230; CC 1979 §32-24; Ord. No. A-1867 §19, 2-22-1984]
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 an official paper or a paper of general circulation
in the City.
[R.O. 2012 §400.240; CC 1979 §32-25; Ord. No. A-1867 §20, 2-22-1984]
It shall be the duty of the Zoning Inspector to enforce the
provisions of this Chapter, and he/she is hereby authorized and instructed
to arrest, prosecute or bring any proceedings in a proper Court in
the name of the City against any person violating any of the terms
of this Chapter. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this Chapter,
the Zoning Inspector is hereby authorized and directed to institute
any appropriate action or proceedings to prevent such unlawful erection,
maintenance, construction, reconstruction, alteration, repair, conversion
or use, to restrain, correct or abate such violation and to prevent
any illegal act, conduct or use on or about such premises.
[R.O. 2012 §400.250; CC 1979 §32-26; Ord. No. A-1867 §21, 2-22-1984]
A.
Established. A Board of Adjustment is hereby established
in accordance with the provisions of State law regarding the zoning
of cities. The word "Board", when used in this Chapter,
shall be construed to mean the Board of Adjustment.
B.
Composition — Terms — Removal Of Members — Vacancies
— Election Of Chairman — Appointment To Board Of Members
Of Zoning And Planning Commission. The Board shall consist
of five (5) members, who shall be residents, to be appointed by the
City Council, not more than two (2) of whom shall reside in any one
City Ward. 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. Members shall be removable for cause, 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.
Members of the Zoning and Planning Commission may also be appointed
and serve on the Board of Adjustment.
C.
Rules — Meetings — Chairman To Administer Oaths, Etc.
— Minutes And Records — Quorum. The Board shall
adopt rules in accordance with the provisions of 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 compel the
attendance of witnesses. All meetings of the Board shall be open to
the public. The Board shall keep the 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 City Clerk and shall be a public record. The
presence of four (4) members shall be necessary to constitute a quorum.
D.
Appeals — Generally. Appeals to the Board may be taken
by any person, any neighborhood organization as defined in Section
32.105, RSMo., representing such person, aggrieved by any decision
of the Zoning Inspector or any Administrator Officer of the City.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the Zoning Inspector or Administrator
Officer from whom the appeal is taken, and with the Board, a notice
of the appeal, specifying the grounds thereof. The Zoning Inspector
or Administrator Officer from whom the appeal was taken shall forthwith
transmit to the Board all the papers constituting the records upon
which the action appealed from was taken. Service of such notices,
papers and records shall be constituted by depositing the same with
the City Clerk.
E.
Appeals — Stay Of Proceedings. An appeal stays all
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board, after
the notice of appeal shall have been filed with him/her, that by reason
of facts stated in the certificate, a stay would, in his/her opinion,
cause imminent peril to life or property. In such case proceedings
shall not be stayed, otherwise than by a restraining order which may
be granted by the Board or by a Court of Record on application and
notice to the officer from whom the appeal is taken and on due cause
shown.
F.
Appeals — Notices — Hearing. The Board shall
give not less than five (5) days public notice for the hearing of
the appeal, as well as notice to the parties in interest, and thereafter
decide the same within a reasonable time. Upon the hearing, any party
may appear, in person, by agent or by attorney. In addition to the
notice provided in this Section, the Board shall cause a notice to
be posted upon the premises which are the subject of the appeal, the
substance of which shall be that a hearing is to be held before the
Board of Adjustment on a date specified concerning such premises,
and directing all persons interested therein to appear before the
Board and make their objections, if any, known.
G.
Powers Generally. The Board shall have the following powers:
1.
To hear and decide appeals, where it is alleged there is error in
an order, requirement, decision or determination made by an administrative
official in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which such
Board is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of such ordinance, to vary or modify the application of any of the
regulations or provisions of such ordinance relating to the construction
or alteration of buildings or structures or the use of land so that
the spirit of the ordinance shall be observed, public safety and welfare
secured and substantial justice done.
4.
To determine, in cases of uncertainty, the classification of any
use not specifically enumerated in this Chapter.
[R.O. 2012 §400.260; CC 1979 §32-27; Ord. No. A-1867 §22, 2-22-1984]
Any person aggrieved by any decision of the Board of Adjustment,
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or any Officer, Department, Board or Bureau,
may present to the Circuit Court of Barry or Lawrence County a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, and 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 or the City Clerk.
Upon the presentation of such petition, the Court may allow a writ
of certiorari directed to the Board, to review such decision of the
Board, and shall prescribe therein the time within which a return
thereto must be made and served upon the relator's attorney, which
shall not be less than ten (10) days and may be extended by the Court.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the Court may, on application, on notice to the
Board and on due cause shown, grant a restraining order. The Board
shall not be required to return the original papers acted upon by
it, but it shall be sufficient to return certified or sworn copies
thereof, or of such portions thereof as may be called for by such
writ. The return shall concisely set forth such other facts as may
be pertinent and material to show the grounds of the decision appealed
from and shall be verified. If, upon hearing, it shall appear to the
Court that testimony is necessary for the proper disposition of the
matter, it may take additional evidence as it may direct or appoint
a referee to take such evidence as it may direct and report the same
to the Court with his/her findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the determination
of the Court shall be made. The Court may reverse or affirm, wholly
or partially, or may modify the decision brought up for review. Costs
shall not be allowed against the Board, unless it shall appear to
the Court that it acted with gross negligence, or in bad faith, or
with malice in making the decision appealed from.
[R.O. 2012 §400.270; CC 1979 §2-2; Ord. No. A-1899 §§1 — 3, 3-9-1962; Ord. No. A-7098, 10-26-2001; Ord. No. 7593 §1, 8-22-2005]
A.
Any person petitioning the Zoning and Planning Commission for an alteration, change or amendment in Chapter 400 of this Code or other zoning regulations of the City, and any person petitioning the Board of Adjustment for a decision of such Board, as provided and required in this Code or other ordinances of the City, shall pay the cost of the required publication of notice of the public hearing to be held by the Zoning and Planning Commission or Board of Adjustment.
B.
Any
person petitioning the Zoning and Planning Commission or Board of
Adjustment shall, before publication of such notice, deposit with
the City's Collection Clerk a sum estimated by the City to be sufficient
to pay the cost of such publication. Such deposit shall be applied
upon the cost of such publication and the balance, if any, refunded
to the depositor thereof. In the event such deposit is not sufficient
to pay such cost, such petitioner shall, upon demand, pay the balance
thereof to the City.
C.
The
person requesting variances, modifications, exemptions or other changes
to this Chapter shall pay all publication costs, notification costs
and other costs incurred by the City of Monett.
