[CC 1988 §29-95; Ord. No. 2788 §9, 10-21-1985]
A. 
Building Inspection Or Equivalent.
1. 
It shall be the duty of the City Manager or his/her designee to enforce this Chapter. The City Manager or his/her designee shall receive applications required by this Chapter, issue permits and furnish the prescribed certificates. He/she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with. He/she shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures except as may otherwise be provided for. He/she shall, when requested by the Mayor or Council or when the interest of the municipality shall require, make investigations in connection with matters referred to in this Chapter and render written reports on the same. For the purpose of enforcing compliance with law, he/she shall issue such notices or orders as may be necessary.
2. 
Inspections shall be made by the City Manager or his/her designee.
3. 
For carrying into effect its provisions, the City Manager or his/her designee may adopt rules consistent with this Chapter.
4. 
Careful and comprehensive record of applications, of permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued shall be kept. There shall be retained on file copies of all papers in connection with building works so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours but shall not be removed from the office in which they are located.
5. 
Applications for permits shall be accompanied by such drawings of the proposed work, including such floor plans, sections, elevations and structural details as may be required.
B. 
Violations And Penalty.
1. 
It shall be the duty of the City Manager or his/her designee to enforce this Chapter. Appeal from his/her decisions may be made to the Board of Adjustment as provided in this Chapter.
2. 
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 a misdemeanor 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., however, 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.
3. 
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).
[CC 1988 §29-96; Ord. No. 2788 §9, 10-21-1985; Ord. No. 3697 §2, 8-21-2006; Ord. No. 4915, 7-17-2023]
A. 
Purpose. It is the purpose of this Section to provide for conditional use permits which may be granted only for uses expressly listed in the "Conditional Use" Subsections of the zoning districts established in this Article.
B. 
Application. Application for conditional use permits shall be made to the Planning and Zoning Commission and all shall be accompanied by the following:
1. 
A completed application form.
2. 
A non-refundable fee of one hundred dollars ($100.00).
3. 
Plans or other evidence, as appropriate, that support the conclusions set forth in this Section.
C. 
Procedure.
1. 
The applicant shall submit all necessary information to the City Clerk. The City Clerk shall then refer the application to the City Manager, or his/her designee, who shall review the request to determine its compliance with the provisions of this Section. A report shall be made to the Planning and Zoning Commission at the time the application is to be considered.
2. 
Upon receipt of the petition for the conditional use permit, the Commission shall fix a reasonable time for the hearing on the petition not less than fifteen (15) days nor more than thirty (30) days from the receipt of the petition. Notice of the date, time and place of the hearing shall be given to the petitioner not less than ten (10) days before such hearing. The Commission shall cause notice of the date, time, place and general purpose of the hearing to be mailed by ordinary mail to the owners of the land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the area proposed to receive the conditional use permit occupation and the Commission shall give other such public notice as is required by law.
3. 
The Commission shall have full power and authority to approve or disapprove the petition for a conditional use permit. The Commission may amend the conditions under which the petitioner may establish the conditional use if the use is approved by the Commission.
4. 
After giving due consideration to the following standards, the Commission may grant a conditional use permit stipulating any conditions deemed necessary to carry out the provisions and intent of this Article:
a. 
The proposed conditional use is in compliance with all regulations of the applicable zoning district.
b. 
The proposed conditional use will be in conformance with the character of the adjacent area within the same zoning district in which it is located. In making such determination, consideration may be given to the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site.
c. 
The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
d. 
Adequate utilities, access roads, drainage and parking and/or other necessary facilities will be provided.
e. 
Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
D. 
Duty To Comply With Other Laws. Approval and issuance of such permit shall not be deemed to relieve the permittee of the duty to comply with the provisions of other laws and ordinances.
E. 
Violation. The violation of any condition imposed by the conditional use permit shall constitute a violation of this Article.
F. 
Tenure Of Permit. The granting of a conditional use permit is to allow that use on a specific site. If the use is not substantially altered, it shall be allowed on the site regardless of ownership. A conditional use permit may not be transferred to another site.
G. 
Amendment. Amendment or addition to any conditional use permit is subject to the same procedures as those which apply to new application. Minor adjustments to an approved conditional use permit may be authorized by the Commission at its discretion.
[Ord. No. 4915, 7-17-2023]
A. 
Purpose. It is the purpose of this Section to provide narrowly tailored regulation establishing regulations to safeguard the residential character of the dwelling and surrounding neighborhoods and to protect the public health and safety associated with home-based businesses.
B. 
Home occupations, which include no-impact home-based businesses, or home-based work, where:
1. 
The total number of employees on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and
2. 
The activities of the business:
a. 
Are limited to the sale of lawful goods and services;
b. 
May involve having more than one (1) client on the property at one (1) time;
c. 
Do not cause a substantial increase in traffic through the residential area;
d. 
Do not violate any parking regulations established by the political subdivision;
e. 
Occur inside the residential dwelling or in the yard of the residential dwelling; and
f. 
Are not visible from the street.
C. 
To preserve the residential character of the residential building and to protect against adverse effects on the character of the surrounding neighborhood, a home occupation may operate in a residential district, provided the home occupation:
1. 
Shall be operated entirely from an enclosed structure and shall not occupy more than twenty-five percent (25%) of the total floor area of the main residential building and in no case more than five hundred (500) square feet of floor area, with use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes.
2. 
Complies with all ordinances associated with lighting regulated within the City of De Soto.
3. 
Must not create offensive or excessive noise and must comply with all noise restrictions applicable to residential areas.
4. 
Must not generate trash or refuse that exceeds normal residential trash and refuse.
5. 
Outdoor storage of equipment, inventory or other supplies for the home occupation is prohibited and no commodities shall be displayed or sold on the outside of the main residential building.
6. 
Solid waste must not be deposited, stored, or otherwise maintained on the property in compliance with all of the ordinances of the City of De Soto.
7. 
Solid waste must not be deposited, stored, or otherwise maintained on the property in compliance with all of the ordinances of the City of De Soto.
8. 
Shall adhere to all City ordinances and regulations related to the public health and safety, including, but not limited to, fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste and pollution.
9. 
Shall comply with State and Federal laws, including paying applicable taxes.
10. 
All deliveries related to the home occupation shall be made between the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall not be made by a vehicle that exceeds the size and/or weight rating for the street.
D. 
Nothing in this Section shall be deemed to:
1. 
Prohibit mail order or telephone sales for home-based work;
2. 
Prohibit service by appointment within the home or accessory structure;
3. 
Prohibit or require structural modifications to the home or accessory structure;
4. 
Restrict the hours of operation for home-based work; or
5. 
Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.