[R.O. 2007 App. B §10A; Ord. No. 3900 §1(10A), 3-6-1972; Ord. No. 7024 §1, 2-4-2008]
A Board of Adjustment is hereby created. Such Board shall consist of five (5) members and up to three (3) alternates to be appointed by the Council, all of whom shall be residents and all of whom shall be persons with expert knowledge of construction, architecture, fine arts, engineering, landscape architecture, law, real estate or other applicable areas. The terms of all members shall be five (5) years and so arranged that the terms of no more than one (1) alternate and one (1) member will expire each year. Each member and alternate shall serve until his/her successor is appointed and qualified. Members of the Board and alternates shall be removable for non-performance of duty, misconduct in office or other cause by the Council upon written charges having been filed with the Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by registered mail or by leaving the same at his/her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Council and shall be for the unexpired term. Alternates are to be used when five (5) members of the Board cannot be present for Board meetings.
The Board shall elect its own Chairman who shall serve for one (1) year. The Board shall organize and adopt rules in accordance with 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 the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. 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 City Clerk 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.
Appeals to the Board of Adjustment may be taken 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 City of Poplar Bluff, Missouri, affected by any decision of the administrative office. Such appeal shall be taken within thirty (30) days by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The appeal shall be accompanied by a non-refundable fee of thirty-five dollars ($35.00) to cover the approximate cost of this procedure. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment 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 immediate 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 of Adjustment or by a court of record on applications or notice to the officer from whom the appeal is taken and on due course shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give fifteen (15) days' notice to the public as well as 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 an attorney. In the event the aggrieved person is represented by an agent or attorney, the representative must present documented authority to act on behalf of the person filing the appeal. Should the representative not possess full authority and be able to supply adequate information, the Board of Adjustment shall table the appeal until such time as the aggrieved person can appear or full authority is granted in writing to a representative of the aggrieved person. Applications to the Board of Adjustment for commercial property, churches and public facilities for property like setback variance requests shall be accompanied by a survey of the property. Such survey shall have been conducted within one (1) year of submission of the application. Residential property like setback variance requests shall require a survey only when the physical boundaries or characteristics of the property have changed within the one (1) year of application or when a survey is needed to clarify such requests. Such survey shall reflect the current conditions of the property. All surveys shall have been performed by a Missouri registered land surveyor.
The powers of the Board are:
To interpret the ordinance being:
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
To permit the extension of a district up to and not exceeding twenty-five (25) feet where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Chapter.
To 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 map fixing the several districts accompanying and made a part of this Chapter where the street layout on the ground varies from the street layout as shown on the map aforesaid.
In passing upon appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, varying or modifying the application of any of the regulations or provisions of this Chapter relating to the use, construction or alterations 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.
In exercising the above-mentioned powers, the Board may, in conformity with State laws, reverse or affirm wholly or partly or may modify the order, requirements, decision or determination as ought to be made and to that end shall have all the powers of the officer from whence the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reserve any order, requirements, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to affect any variation in this Chapter. Variances granted shall be implemented no later than six (6) months from the date of the meeting in which the variance was approved and shall expire if not implemented within said time frame.
To permit the following two (2) exceptions:
To permit the following variation: Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
[R.O. 2007 App. B §10C(1); Ord. No. 3900 §1(10C(1)), 3-6-1972]
Duties. It shall be the duty of the Building Inspector to enforce this Chapter. The Building Inspector 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 be otherwise provided for. He/she shall, when requested by the Mayor or Council or when the interests of the municipality so 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.
Inspections. Inspections shall be made by the Building Inspector or a duly appointed assistant.
Rules. For carrying into effect its provisions, the Building Inspector may adopt rules consistent with this Chapter.
Records. The Building Inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. He/she shall retain on file copies of all papers in connection with building work 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 of the Building Inspector.
Cooperation Of Other Officials. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of the Street Superintendent in fixing grades, of the Chief of Police in enforcing orders, of the attorney in prosecuting violations and of other officials.
[R.O. 2007 App. B §10C(2); Ord. No. 3900 §1(10C(2)), 3-6-1972]
When Required. It shall not be lawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, removal or demolition of a building or structure without first filing with the Building Inspector an application in writing and obtaining a formal permit.
Form. An application for a permit shall be submitted in such form as the Building Inspector may prescribe. Such application shall be made by the owner or lessee or agent of either or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application, that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner and if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for an intelligent understanding of the proposed work, such application shall be accompanied by payment of such fees as the Council may determine from time to time.
Application for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structural details as the Building Inspector may require. Drawings for buildings with floor space of twenty thousand (20,000) cubic feet or larger shall carry the seal of a licensed architect. The following structures shall be exempt from the architect seal requirement:
A dwelling house;
A multiple-dwelling house, flat or apartment containing not more than two (2) families;
A commercial or industrial building or structure which provides for the employment, assembly, housing, sleeping or eating of not more than nine (9) persons;
A building or structure used exclusive for farm purposes; or
A steel building which is pre-engineered and carries the seal of a registered professional engineer.
Plot Diagram. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished and of all existing buildings prepared by and signed by a registered surveyor, engineer or architect.
Amendments. Nothing in this Section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
Completion Of Existing Buildings. Nothing contained in this Chapter shall require any change in the plans, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this Chapter; provided however, construction under such permit or approval shall have been started within six (6) months and the ground story framework, including structural parts of the second (2nd) floor, shall have been completed within one (1) year and the entire building completed within two (2) years after the effective date of this Chapter.
Action On Application. It shall be the duty of the Building Inspector to examine applications for permits within a reasonable time after filing. If, after examination, he/she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he/she shall approve such application and issue a permit for the proposed work as soon as practicable. If his/her examination reveals otherwise, he/she will reject such application, noting his/her finding in a report to be attached to the application and delivering a copy to the applicant.
Approval In Part. Nothing in this Section shall be construed to prevent the Building Inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this Chapter.
Condition Of The Permit. All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction as shown on the approved plot diagram or an approved amendment thereof shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
Signature Of Building Inspector To Permit. Every permit issued by the Building Inspector under the provisions of this Chapter shall have his/her signature affixed thereto; but this shall not prevent him/her from authorizing a subordinate to affix such signature.
Limitation. A permit under which no work is commenced within one (1) year after issuance shall expire by limitation, except that remodeling permits shall expire in ninety (90) days. Application for extension of the remodeling permit may be submitted to the Building Inspector and the Building Inspector may approve such application for a period up to but not exceeding ninety (90) days, provided that the structure for which the said extension is requested does not constitute a "dangerous building" as defined in Chapter 505 of the Code of Ordinances.
Posting Of Permit. A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of same. The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The Building Inspector shall be given at least twelve (12) hours' notice of the starting of work under a permit
Revocation. The Building Inspector may revoke a permit or approval issued under the provisions of this Chapter in case there has been any false statements or misrepresentation as to a material fact in the application or plans on which the permit of approval was based.
Certificate Of Occupancy For A Building. No building shall be occupied before a certificate of occupancy has been issued. Certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the request for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding one (1) year, during the completion of alterations or during special occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this Chapter and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
Certificate Of Occupancy For Land. Certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations.
Content Of Certificate Of Occupancy. Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates 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 the building affected. No fee shall be charged for a certificate of occupancy.
Certificate Of Occupancy For Non-Conforming Uses. A certificate of occupancy shall be required of all non-conforming uses. Applications for such certificate for non-conforming uses shall be filed within twelve (12) months from the effective date of this Chapter.
Excavation Permit. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.
[R.O. 2007 App. B §10D; Ord. No. 3900 §1(10D), 3-6-1972]
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made part of this Chapter, the following rules apply:
The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the District Map accompanying and made a part of this Chapter are bounded approximately by lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map.
[R.O. 2007 App. B §10F; Ord. No. 3900 §1(10F), 3-6-1972; Ord. No. 5091 §1, 6-1-1987; Ord. No. 5247 §1, 2-6-1989; Ord. No. 5602 §1, 2-1-1993; Ord. No. 5612 §1, 3-1-1993; Ord. No. 5635 §1, 6-21-1993; Ord. No. 5759 §1, 10-17-1994; Ord. No. 5976 §1, 6-2-1997; Ord. No. 6186 §1, 6-21-1999]
Enforcement. The Council shall provide for the enforcement of this Chapter through the Director of Public Works.
Changes By The Council. The Council may from time to time amend, supplement, change, modify or repeal the regulations, restrictions and boundaries set forth in this Chapter; provided such proposed change first be submitted to the Commission for its public hearing, recommendation and report; and provided further that not less than fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City of Poplar Bluff. The hearing may be adjourned from time to time. 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 five-sevenths (5/7) of all members of the Council. If no report is received from the Commission in sixty (60) days, it may be assumed that said Commission has approved the change.
Original Districts. Upon annexation of land to the City of Poplar Bluff, the Commission shall recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The Commission shall make a preliminary report and hold public hearings thereon, as provided in Subsection (B) above, before submitting its final report and recommendation to the Council. The Council shall not hold its public hearing or take action until it has received the final report of the Commission.
Changes By Other Individuals Or Groups. Application for any change in district boundaries or district regulations shall be filed with the zoning coordinator upon forms and accompanied by such data and information as may be prescribed by the Commission, so as to ensure the fullest practicable presentation of facts for the permanent record. Before any action shall be taken, the party or parties proposing or recommending such change shall deposit with the City Collector the sum of one hundred fifty dollars ($150.00) to cover the approximate cost of this procedure. Fifty dollars ($50.00) shall be a non-refundable processing fee and any amount remaining over the cost of publication shall be returned to the applicant. The processing of the application shall then follow the procedure for change as prescribed in Subsection (B) above.
Changing The Zoning Map. Upon the adoption by the City Council of an ordinance effecting a change in the zoning classification or district of any lot, tract or parcel of land in the City, the City Planner shall cause the particular Zoning Map embracing the lot, tract or parcel involved to be changed accordingly so that such Zoning Map shall at all times reflect the current zoning classification or district of every lot, tract or parcel of land in the City.
[R.O. 2007 App. B §12; Ord. No. 3900 §1(12), 3-6-1972]
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.