[R.O. 2012 §404.010; Ord. No. 88-5-5, 5-16-1988]
The Building Official or his/her duly authorized representative shall be empowered to act within the provisions of this Chapter upon all applications for permits. In the event of refusal to issue a permit upon an application, as herein provided, the applicant shall have the right to appeal to the Board of Adjustment as set in Section 404.080(D).
[R.O. 2012 §404.020; Ord. No. 91-4-2 §33(B), 4-1-1991]
A.
No
building or structure shall be erected, added to, or altered until
a permit therefore has been issued by the Building Official. Except
upon a written order of the Board of Adjustment, no such building
permit shall be issued for any building where said construction, addition,
or alteration or use thereof would be in violation of any of the provisions
of this or other ordinances.
B.
There
shall be submitted with all applications for building permits three
(3) copies of a layout or site plan, drawn to scale, showing actual
dimensions of the lot to be built upon, the exact size and location
on the lot of the building and any accessory buildings to be erected,
parking and any loading areas including access thereto, landscaping,
and such other information as may be necessary to determine and provide
for the enforcement of this Chapter. In the case of building permits
in a Planned Zoning District, the Building Official shall determine
that all aspects of the proposed construction conform to the final
development plan which was approved and endorsed by the Planning Commission.
C.
One
(1) copy of such layout or plot plan shall be returned with approval
by the Building Official together with such permit to the applicant.
D.
In
the interest of public safety, and for preservation of the traffic
carrying capacity of the street system, the City Manager shall have
the authority to restrict and regulate points of access to all property
from the public street system before building permits are issued.
When buildings or structures shall be hereafter erected, constructed,
reconstructed, moved or altered, and development of the remainder
of the parcel or adjoining property is adversely affected, or development
conflicts with any provision or portion the Master Plan, Major Street
Plan, subdivision ordinance, minimum design standards, or other provision
of these regulations.
[R.O. 2012 §§404.030, 404.050; Ord. No. 88-5-5, 5-16-1988; Ord. No. 14-07-05 §17, 7-21-2014]
[R.O. 2012 §404.040; Ord. No. 88-5-5, 5-16-1988; Ord. No.
01-4-4, 4-2-2001; Ord. No. 01-11-4, 1-7-2001; Ord. No. 02-12-1, 12-2-2002]
A.
After
completion of a building or structure for which a building permit
has been issued and all requirements of all codes and ordinances of
the City have been met, a certificate of occupancy shall be issued,
stating that the building or proposed use thereof complies with the
provisions of this Chapter.
B.
No
non-conforming use shall be maintained, renewed, or changed without
a certificate of occupancy having first been issued by the Building
Official.
C.
All
Certificates of Occupancy shall be applied for coincident with the
application for a Building or Land Use Permit. The certificate shall
be issued within ten (10) days after the erection or alteration has
been determined to comply with the provisions of this Chapter and
other codes of the City of Excelsior Springs.
D.
Copies
of all Certificates of Occupancy maintained by the City shall be furnished
upon request to any person having proprietary or tenancy interest
in the building affected.
E.
Penalties.
2.
A builder, owner, or agent for the builder or owner may be prohibited
from obtaining a building permit within the City of Excelsior Springs
for a period of one (1) year from the date of the second (2nd) violation
at the discretion of the Director of Codes Administration. Said builder
or owner may appeal the Codes Director's decision to the City Manager
or the City Council.
3.
No additional or new building permits shall be issued in Excelsior
Springs to a builder, owner, or agent for the builder or owner who
has violated any part of this Subsection until such builder, owner,
or agent for the builder or owner has obtained the required Certificate
of Occupancy. Upon obtaining the required certificate, the builder
or owner shall again be eligible for further building permits. A one
hundred dollar ($100.00) reinspection fee shall be charged to the
builder, owner, or agent for the builder or owner of a structure which
violates this Subsection of the City Code if reinspection is necessary
prior to issuance of a Certificate of Occupancy.
[R.O. 2012 §404.060; Ord. No. 91-4-2 §33(F), 4-1-1991; Ord. No. 91-12-7 §404.060(4), 12-9-1991]
A.
When
a building or land use permit is requested on a lot or tract abutting
a public street, the Building Official shall determine that adequate
right of way exists on that portion of the public street abutting
the property. The minimum right of way shall be measured from the
center line of the street to the property line of the lot or tract,
and shall be as follows:
1.
Single-family and multi-family area — twenty-five (25) feet.
2.
Industrial areas — thirty (30) feet.
3.
Secondary thoroughfares (including collectors) — thirty (30)
feet.
4.
Primary thoroughfares — forty (40) feet; except at major intersections
fifty (50) feet may be required for a distance necessary to accommodate
future roadway widening, according to traffic flow patterns.
5.
Commercial streets — thirty (30) feet.
[R.O. 2012 §404.070; Ord. No. 88-5-5, 5-16-1988]
In any case where the abutting right of way does not clearly
comply with the above dimensions, a building or land use permit shall
not be issued for the lot or tract until title for the required additional
right of way has been conveyed to the City in keeping with established
procedures.
[R.O. 2012 §404.080; Ord. No. 88-5-5, 5-16-1988]
Any building or structure for which a building permit has been
issued by the City of Excelsior Springs may be constructed according
to the terms of said permit. In addition, during a period of ninety
(90) days following the adoption of this ordinance a permit may be
issued for any building or structure for which plans were substantially
complete on the date of the adoption of this ordinance provided the
Building Official, in his/her judgment, is convinced that the plans
were indeed prepared in good faith and that substantial and undue
hardship would prevail if the construction were not allowed to proceed.
Such building, structure or site conditions may not conform in all
respects with this Chapter but shall conform to the previous zoning
ordinances and the codes of the City of Excelsior Springs. This period
of transition may terminate ninety (90) days following the date of
the adoption of this ordinance and thereafter all permits for construction
shall require full conformance with this Chapter. In all cases of
such non-compliance during this period of transition, construction
shall begin within one hundred (100) days of the adoption of this
ordinance or full compliance herewith shall be required.
[R.O. 2012 §404.090; Ord. No. 88-5-5, 5-16-1988; Ord. No.
02-9-5, 9-16-2002; Ord. No. 14-07-05 §18, 7-21-2014; Ord. No. 22-07-01, 7-18-2022]
A.
Purpose.
The Board of Zoning Adjustment may grant variances from the provisions
of this Chapter in harmony with its general purpose and intent and
may vary them only in specific instances hereinafter set forth. The
Board of Zoning Adjustment, based on standards hereafter prescribed
and after hearing, may decide that these are practical difficulties
or particular hardships in the way of carrying out the strict letter
of these regulations. The concurring vote of four (4) members of the
Board shall be necessary to reverse any order, requirement or decision
of the party appealed from or to issue an order or variance or to
decide in favor of an appellant.
B.
Standards.
1.
The Board of Adjustment may vary the provisions of this Chapter as
authorized in this Section, but only when it shall have made findings
based upon evidence presented to it in the following specific cases:
2.
For the purpose of supplementing the above standards, the Board of
Adjustment shall also, in making a determination of whether there
are practical difficulties or particular hardships, take into consideration
the extent to which the following facts, favorable to the applicant,
have been established by the evidence:
a.
That the particular physical surroundings, shape, or topographical
conditions of the specific property involved would bring a particular
hardship upon the owner, as distinguished from a mere inconvenience
if the strict letter of the regulation were to be carried out;
b.
That the conditions upon which the petition for variance is based
would not be applicable generally to other property within the same
zoning classification;
c.
That the alleged difficulty or hardship has not been created by any
person having an interest in the property at any time after the effective
date of this ordinance;
d.
That the granting of the variance will not be detrimental to the
public welfare in the neighborhood in which the property is located;
e.
That the proposed variance will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
danger of fire or otherwise endanger the public safety, or substantially
diminish or impair property values within the neighborhood.
3.
The Board of Adjustment may require such conditions and restrictions
upon the premises to be benefitted by a variance as may be necessary
to comply with the standards set forth in this Section to reduce or
minimize the injurious effect of such variance upon other property
in the neighborhood and to implement the general purpose and intent
of this Chapter. Failure to maintain such conditions or restrictions
as may have been imposed shall constitute grounds for revocation of
such variance.
C.
Procedure.
A variance shall be decided by the Board of Adjustment only after
a hearing before the Board of Adjustment and in compliance with other
requirements of applicable Statutes of the State of Missouri.
D.
Appeals.
An appeal may be taken to the Board of Adjustment by any person, firm,
or corporation from any decision of the City, including the Building
Official, made under this Chapter. Filing of the appeal shall be accompanied
by a fee as specified in the Schedule of Fees, Title I, Appendix A.
[1]
Editor's Note: Ord. no. 08-9-2 has established terms for this
board of zoning adjustment to be uniform with the terms of other boards
and commissions with terms commencing September 30, 2009.
[R.O. 2012 §404.100; Ord. No. 88-5-5, 5-16-1988; Ord. No.
88-10-2 §33, 10-3-1988; Ord. No. 91-4-2 §36, 4-1-1991; Ord. No. 93-6-6 §404.100, 6-7-1993; Ord. No. 02-9-4, 9-16-2002; Ord. No.
03-12-3, 12-1-2003; Ord. No. 14-07-05 §19, 7-21-2014]
A.
Applications
for amendments, revision or change of the Zoning District Map or for
a Special Use Permit may be made by the City Manager or any person,
or his/her agent, who owns or has the consent of the owner of the
land sought to be rezoned or specially used. If such applications
are made by the owner's agent, the agent shall enter upon the application
the name and current mailing address of the owner. Application for
amendment, revisions or change of any portion of the zoning ordinance,
may be made by any interested person. All applications shall be made
on forms prescribed by the City Planning Commission and duly filed
with the Building Official.
1.
Rezoning property — other than planned zoning. A fee (the amounts are shown in the table below) shall accompany
each application for amendment, revision or change, or for a Special
Use Permit. An accurate sketch of the land in question, drawn to scale
on a sheet eight and one-half (8½) inches by eleven (11) inches
or larger, showing adjacent tracts within one hundred eighty-five
(185) feet and the current ownership thereof shall accompany the application.
The Building Official may waive or vary from these sketch requirements
in cases where such information would be of no value in making the
decision relative to zoning change or Special Use Permit.
2.
Fees. All fees for Rezoning or Special Use Permits
shall be according to the Schedule of Fees, Title I, Appendix A.
3.
Rezoning property to a planned district. A tract
of land may be zoned "RP-1" through "MP-2", inclusive, only upon application
by the owner or his/her agent, and only upon approval of a development
plan. The proponents of a Planned District shall prepare and submit
to the Building Official:
a.
A development plan showing the property to be included in the proposed
development, plus the area within one hundred eighty-five (185) feet,
except in "RP-4" and "RP-5" only that area within one hundred (100)
feet shall be shown.
b.
The following items shall be included on the property to be developed:
(1)
Existing topography with contours at five (5) foot intervals
provided that where natural slopes are sufficiently flat the Building
Official may require contours at lesser intervals, except in "RP-4"
and "RP-5" Districts, the topography shall not be required.
(2)
Proposed location of buildings and other structures, parking
areas, drives, walks, screening, drainage patterns, public streets,
and any existing easements.
(3)
Sufficient dimensions to indicate relationship between buildings,
property lines, parking areas, and other elements of the plan.
(4)
General extent and character of proposed landscaping.
c.
The following items shall be shown on the same drawing within the
one hundred eighty-five (185) foot adjacent area, except in "RP-4"
and "RP-5", only that area within one hundred (100) feet shall be
shown:
(1)
Any public streets which are of record,
(2)
Any drives which exist or which are proposed to the degree that
they appear on plans on file with the City except those serving single-family
houses,
(3)
In "RP-4" and "RP-5" Districts, state the use of any buildings
which exist or are proposed to the degree that their location and
size are shown on plans on file with the City. Single and two-family
residential buildings may be shown in approximate location and general
size and shape. Buildings should be shown in all other Planned Districts.
(4)
The location and size of any drainage structure, such as culverts,
paved or earthen ditches or storm water sewer and inlets.
d.
Preliminary sketches depicting the general style, size and exterior
construction materials of the building proposed. In the event of several
buildings, a typical sketch may be submitted. In case several building
types, such as apartments and business buildings are proposed on the
plan, a separate sketch shall be prepared for each type. Such sketches
shall include elevation drawings, but detailed drawings and perspectives
are not required.
e.
A schedule shall be included indicating total floor area, dwelling
units, land area, parking spaces and other quantities relative to
the submitted plan in order that compliance with ordinance requirements
can be determined.
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The Planning Commission shall hold a public hearing on the plan
as provided by law. At such time as the development as planned meets
with the approval of the Commission, the same shall be duly approved,
properly endorsed and identified and sent onto the Council for action.
Upon final approval of the plan and the rezoning of the tract, construction
may proceed and conformance with the plan and all supporting documentation
is mandatory, however all final plans shall be submitted to the Building
Inspector and approved as to compliance with the development plan
prior to the issuance of a building permit.
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The final plans submitted shall include a landscape and screening
plan showing species and size of all plant materials, areas to be
seeded, sodded, etc., all to be in keeping with the development plans
as approved. If, in the judgment of the Building Inspector, the concept
of development, as depicted on the final plans, deviates substantially
from the concept of the development plan submitted for zoning, the
Building Inspector shall deny the request for final plan approval.
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The applicant, in case of denial, may apply for a new hearing,
with publication as required and the Commission and Council may approve
or deny the final plans after said hearing. All decisions of the Planning
Commission may be appealed to the City Council who may reverse or
affirm the same.
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During construction, the City Manager shall have the authority
to approve variances to the final plan in keeping with the approved
development plan when such variance represents less than ten percent
(10%) change in open space utilization.
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4.
Procedure upon receipt of application and fee for change. Immediately upon receipt of such application and fee the Building
Official shall note thereon the date of filing and make a permanent
record thereof. All such applications shall be set down for hearing
not later than the second (2nd) regular monthly meeting of the Planned
Commission from the date of termination of the earliest publication
period available thereafter required by law. Any such hearing may,
for good cause, in the discretion of the Planning Commission, be continued
for a definite time to be specified in the record of the Planning
Commission. Notice of such hearing shall be published in one (1) issue
of the official newspaper of the City, such notice to be published
not less than fifteen (15) days prior to the date of said hearing
before the Planning Commission.
5.
Enumeration of conditions. Whenever any owner of
property or other person with standing to apply, shall file an application
for the rezoning of such property, the City Manager shall prepare
a staff report concerning such zoning and shall include in such report
such recommendations for infrastructure improvements as may be required
to mitigate the effects of the proposed development. The City Planning
Commission shall, in making its recommendations to the City Council
with respect to such proposed rezoning, recommend such conditions
as in its judgment are necessary. In adopting any ordinance approving
any rezoning, the City Council may enumerate such conditions which
in its judgment are necessary to mitigate the effects of the proposed
development.
6.
Proof of ownership or option contract to buy. Applicant
shall furnish proof that he/she is the owner or has an option or contract
to buy the land described in the application, and the sketch required
to be filed at the time the application is filed covers the same property
as the description in the application. Following the final hearing
of such application, the Planning Commission shall approve or deny
the same, at the earliest reasonable time, and shall transmit an accurate
written summary of the proceedings to the City Clerk.
7.
Submission of Planning Commission action to Council. Following the receipt of the summary of the action of the Planning
Commission, the City Clerk shall submit the same to the City Council
for action approving or disapproving the recommendation for the Planning
Commission, provided however, the Council may for good cause continue
its action upon such application or take the same under advisement
for final decision at a later date, and in any case the record shall
show the reason for such continuance or withholding of action.
8.
Continuances — action required of applicant. Upon request of the applicant to the Building Official, one (1)
continuance of the hearing before the Planning Commission may be approved
by the Planning Commission and one (1) continuance may be granted
by the Council on the Planning Commission recommendation. Any such
continuance when requested by the applicant, shall be made to a day
certain and shall be for not less than one (1) month.
9.
Lesser change than requested — table. The
Planning Commission may recommend and the City Council may approve
a change in a Zoning District which is more restrictive than that
requested by the applicant, provided such change is in keeping with
the following:
a.
Residential districts. Most restrictive is District
"R-1" through District "R-1", District "R-2", District "R-3", District
"R-4" to District "R-5", which shall be the least restrictive district.
b.
Business districts. Most restrictive is District
"C-O" through District "C-1", "C-2A", District "C-2", to District
"C-3", which shall be the least restrictive.
c.
Industrial districts. Most restrictive is District
"M-1" and the least restrictive is District "M-2".
10.
Equal or more restrictive change. The Planning Commission
may recommend and the City Council may adopt a change in zoning which
is equal to or more restrictive than the one requested, provided the
more restrictive district is the same "R", "C", or "M" category for
which the change was requested. In no case may a change to an "R"
District be approved if the application is for a "C" or "M" District,
and in no case may a "C" District be approved if the application is
for an "M" District. A Planned District shall be equally restrictive
to its equivalent district. Provided further, the Council may, if
in its judgment deemed advisable for the interest of the public and
applicant, refer such application back to the Planning Commission
for further consideration and public hearing. The applicant shall
not be required to pay an additional filing fee in such rehearing
proceedings.
11.
Action by Planning Commission. Recommendations for
amendment, revision, change or repeal of the zoning ordinance, Zoning
District Map, rules or regulations, may also be made by the Planning
Commission upon its own motion or by the City Council, providing the
same are first submitted to the Planning Commission for hearing and
recommendation. In either case, final action by the City Council shall
be taken only after hearing upon publication notice and recommendation,
whether favorable or otherwise, by the Planning Commission, in the
manner hereinbefore provided. In case of an adverse report by the
City Planning and Zoning Commission, or if a protest against such
proposed amendment, supplement, change modification or repeal shall
be presented in writing to the City Clerk, within fifteen (15) days
following the decision of the Planning Commission, duly signed and
acknowledged by the owners of thirty percent (30%) or more either
of the area of the land (exclusive of streets, places or 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 (⅔) of all members of the City Council.
A.
The owner or general agent of a building or premises where a violation of any provision of Chapters 400 through 404 of this Title 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).
