[R.O. 2013 §405.440; CC 1991 §400.430; CC §42.900; Ord. No. 22.09 §XV, 10-30-1967]
A. A Board
of Adjustment is hereby created. The Board shall consist of five (5)
members, who shall be residents of the City, appointed by the Mayor
and approved by the Board of Aldermen, each to be appointed for a
term of five (5) years, excepting that when the Board shall first
be created, one (1) member shall be appointed for a term of five (5)
years, one (1) for a term of four (4) years, one (1) for a term of
three (3) years, one (1) for a term of two (2) years, and one (1)
for a term of one (1) year. Members shall be removable for cause by
the Mayor and Board of Aldermen upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.
B. The
Board of Adjustment shall adopt rules for the conduct of its business,
establish a quorum and procedure, and keep a public record of all
findings and decisions. Meetings of the Board shall be held at the
call of the Chairman and at such other times as the Board may determine.
All meetings of the Board shall be open to the public. Each session
of the Board of Adjustment, at which an appeal is to be heard, shall
be a public meeting with public notice of said meeting and business
to be carried or published in a newspaper of general circulation in
the City at least one (1) time seven (7) days prior to the meeting.
C. An
appeal may be taken to the Board of Adjustment by any person aggrieved,
by any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by any officer, department, board or
bureau of the municipality affected by any decision of the Building
Inspector. Such appeal shall be taken within such time as prescribed
by the Board by general rule by filing with the Building Inspector
a notice of appeal specifying the grounds thereof. A fee of fifty
dollars ($50.00) shall accompany all notices of appeal. The Building
Inspector shall forthwith transmit to the Board all papers constituting
the record upon which the action appealed from was taken.
D. The
Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Building
Inspector in the enforcement of this Chapter and may affirm or reverse,
in whole or part, said decision of the enforcement officer.
2. To hear requests for variances from the literal provisions of the
Zoning Code in instances where strict enforcement of the Zoning Code
would cause undue hardship to circumstances unique to the individual
property under consideration and grant such variances only when it
is demonstrated that such action will be in keeping with the spirit
and intent of the provisions of the Zoning Code. The Board of Adjustment
shall not permit, as a variance, any use in a district that is not
permitted under the ordinance. The Board of Adjustment may impose
conditions in the granting of variance to ensure compliance and to
protect adjacent property.
3. To hold public hearings on and decide the following exceptions to
or variations of this Chapter.
a. To permit the extension of a district where the boundary line thereof
divides a lot held in a single ownership at the time of adoption of
this Chapter.
b. Interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the Zoning District
Map, where the street layout on the ground varies from the street
layout as shown on this map.
c. Permit reconstruction of a non-conforming building otherwise prohibited by Article
IX where such action would not constitute continuation of a monopoly.
d. Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
e. Vary the parking regulations by not more than fifty percent (50%)
where it is conclusively shown that the specific use of a building
would make unnecessary the parking spaces otherwise required by this
Chapter, or where it can be conclusively shown that adequate off-street
parking to serve a particular use has been provided by or is controlled
by the municipality.
E. Decision
of the Board in respect to the above shall be subject to appeal to
the Circuit Court of Atchison County within thirty (30) days after
the filing of the decision in the office of the Board.
[R.O. 2013 §405.450; CC 1991 §400.440; CC §42.910; Ord. No. 22.09 Art. XVI, 10-30-1967]
A. It
shall be the duty of the person designated by the Mayor as Building
Inspector to administer and enforce the regulations contained herein.
B. It
shall be unlawful to commence or to proceed with the erection, construction,
reconstruction, conversion, alteration, enlargement, extension, raising
or moving of any building or structure or any portion thereof without
first having applied in writing to the Building Inspector for a building
permit to do so and until a building permit has been granted therefor.
C. Every
application for a building permit shall be in writing and delivered
to the Building Inspector and shall be accompanied by a detailed set
of plans, in duplicate, showing the size of the proposed building
or structure, its location on the lot, the basic materials of which
it is to be constructed and the details and type of construction to
be used. On the issuance of a permit, one (1) set of said plans shall
be retained by the Building Inspector as a permanent record and one
(1) set shall be returned to the applicant. In cases of any building
or structure to be located outside the fire districts, the Building
Inspector may, at his/her own discretion, permit the substitution
of a written statement covering the essential information required
in place of said plans.
D. Blank
forms shall be provided by the Building Inspector for the use of those
applying for permits as provided in this Chapter. Any permits issued
by the Building Inspector shall be on standard forms for such purpose
and furnished by the City.
E. A careful
record of all such applications, plans and permits shall be kept in
the office of the Building Inspector. The fees to be charged for building
permits shall be as follows:
Description of work
|
Fee
|
---|
For work costing five hundred dollars ($500.00) or less
|
$.50
|
For work costing over five hundred dollars ($500.00) but not
over one thousand dollars ($1,000.00)
|
$1.00
|
For work costing over one thousand dollars ($1,000.00) but not
over two thousand five hundred dollars ($2,500.00)
|
$2.00
|
For work costing over two thousand five hundred dollars ($2,500.00)
but not over five thousand dollars ($5,000.00)
|
$4.00
|
For work costing over five thousand dollars ($5,000.00) but
not over ten thousand dollars ($10,000.00)
|
$6.00
|
For work costing over ten thousand dollars ($10,000.00) but
not over fifteen thousand dollars ($15,000.00)
|
$10.00
|
For work costing over fifteen thousand dollars ($15,000.00)
but not over twenty-five thousand dollars ($25,000.00)
|
$15.00
|
For work costing over twenty-five thousand dollars ($25,000.00)
but not over fifty thousand dollars ($50,000.00)
|
$20.00
|
For work costing over fifty thousand dollars ($50,000.00)
|
$25.00
|
F. Any
building permit under which the proposed construction has not been
completed within one hundred eighty (180) days of the date of issue
shall expire by limitation; and no work or operation shall take place
under such permit after such expiration. A continuance of ninety (90)
days may be issued by the Building Inspector upon request. Partial
construction, not completed, must be removed at the land owner's expense
within thirty (30) days.
[Ord. No. 195.17, 8-5-2017]
G. Subsequent
to October 30, 1967, no change in the use or occupancy of land, nor
any change of use or occupancy in an existing building other than
for single-family dwelling purposes, shall be made, nor shall any
new building be occupied until a certificate of occupancy has been
issued by the Building Inspector. Every certificate of occupancy shall
state that the new occupancy complies with all provisions of this
Chapter. No permit for excavation for, or the erection or alteration
of, any building shall be issued before the application has been made
and approved for a certificate of occupancy and compliance, and no
building or premises shall be occupied until such certificate and
permit is issued. A record of all certificates of occupancy shall
be kept on file in the office of the Building Inspector, and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in land or a building affected by such certificate
of occupancy.
[R.O. 2013 §405.460; CC 1991 §400.450; CC §42.920; Ord. No. 22.09 Art. XVII, 10-30-1967]
The Board of Aldermen may from time to time, on its own motion
or on petition, amend, supplement, change, modify or repeal by ordinance
the boundaries of districts or regulations or restrictions herein
established. Any proposed amendment, supplement, change, modification
or repeal shall first be submitted to the City Planning Commission
for its recommendations and report. If the City Planning Commission
makes no report within forty-five (45) days, it shall be considered
to have made a report approving the proposed amendment, supplement,
modification or change. Upon the filing of the recommendations and
report by the City Planning Commission with respect to any proposed
amendment, supplement, change, modification or repeal, the Board of
Aldermen shall proceed to hold a public hearing in relation thereto
giving at least fifteen (15) days' notice of the time and place of
such hearing, which notice shall first be published in a newspaper
having a general circulation in the City of Tarkio. In case of an
adverse report by the City Planning Commission, or if a protest against
such proposed amendment, supplement, change, modification or repeal
shall be presented in writing to the City Clerk, duly signed and acknowledged
by the owners of thirty percent (30%) or more, either of the area
of the land (exclusive of streets, places and alleys) included within
such proposed amendment, supplement, change, modification or repeal,
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, supplement, change, modification
or repeal shall not become effective except by the favorable vote
of two-thirds (2/3) of all the members of the Board of Aldermen.