[Ord. No. 10.310
- 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008].
A.
There is hereby created the position of Administrative Officer. The
Administrative Officer shall be any person designated as such by the
Board of Aldermen.
B.
Powers And Duties. The powers and duties of the
Administrative Officer shall be as follows:
1.
Issue all zoning permits and make and maintain records thereof.
2.
Conduct inspections of buildings, structures, and the use of
land to determine compliance with the terms of this Article.
3.
Require that all construction or work of any type be stopped
when such work is not in compliance with this Article.
4.
Revoke any permit, which was unlawfully issued, or any permit
wherein defective work has been performed, and when such work has
not been corrected within ninety (90) days of notification.
5.
The City Clerk's office shall maintain permanent and current
records of this Article, including, but not limited to, all maps,
amendments, variances, appeals and applications.
6.
The City Clerk's office shall provide and maintain a public
information bureau relative to all matters arising out of this Article.
7.
The City Clerk's office shall forward to the Board of Adjustment
applications for amendments to this Article.
8.
The City Clerk's office shall forward to the Board of Adjustment,
applications for appeals, variances, or other matters on which the
Board of Adjustment is required to pass under this Article.
9.
Issue permits regulating the erection and use of tents for periods
not to exceed ten (10) days for specific purposes such as: temporary
carnivals, churches, charities, or charitable uses, and revival meetings,
such uses not being detrimental to the public health, safety, morals,
comfort convenience, or general welfare; provided, however, that said
tents or operations are in conformance with all other ordinances of
the City of Hallsville.
10.
Initiate, direct, and review, from time to time, a study of
the provisions of this Article, and to make such reports available
to the Planning Commission not less than once a year.
[Ord. No. 10.310
- 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A.
Zoning Permit Required.
1.
No building or other structure shall be erected, moved, added
to, or structurally altered without a permit therefor.
2.
No zoning permit for alteration, repair, or construction of
any building or structure shall be issued unless the plans and specifications
show that the building or structure, and its proposed use will be
in compliance with provisions of this Article.
3.
A temporary zoning permit may be issued by the Building Inspector
for a period not exceeding six (6) months during alteration or construction
for partial occupancy of a building pending its completion, or for
bazaars, carnivals, and revivals, provided that such temporary permit
shall require such conditions and safeguards as will protect the safety
of the occupants and the public.
4.
The failure to obtain the necessary zoning permit shall be punishable
under Section 400.670 of this Article.
5.
Zoning permits issued on the basis of plans and applications
approved by the Building Inspector authorize only the use, arrangement,
and construction set forth in such approved plans and specifications.
Any use, arrangement, or construction at variance with that authorization
shall be deemed a violation of this Article and shall be punishable
as provided by Section 400.670 of this Article.
B.
Zoning Permit Application.
1.
Applications for zoning permits shall be accompanied by a duplicate
set of plans drawn to scale with the following information indicated
in order to determine compliance with this Article:
a.
The shape and dimensions of the lot on which the proposed building
or use is to be erected or conducted;
b.
The location of the said lot with respect to adjacent rights-of-way;
c.
The shape, dimensions and location of all buildings, existing
and proposed, on the said lot;
d.
The nature of the proposed use of the building or land including
extent and location of the use, on the said lot;
e.
The location and dimensions of off-street parking and loading
space and the means of ingress and egress to such space; and
f.
Any other information which the Administrative Official may
deem necessary for consideration in enforcing the provisions of this
Article.
2.
If the zoning permit is denied on the basis of this Article,
the applicant may appeal the action of the Administrative Official
to the Board of Adjustment.
3.
No building permit for alteration, repair, or construction of
any building or structure shall be issued unless the plans and specifications
show that the buildings or structure, and its proposed use, will be
in compliance with provisions of this Article and a zoning permit
has been issued.
[Ord. No. 10.310
- 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A.
General Provisions. The Board of Aldermen may, from
time to time, in the manner hereinafter set forth, amend the regulations
imposed in the districts created by this Article, amend district boundary
lines, provided that in all amendatory orders adopted under the authority
of this Section, due allowance shall be made for existing conditions,
the conservation of property values, the direction of building development
to be to the best advantage of the entire community, and the uses
to which property devoted at the time of the adoption of such amendatory
order.
B.
Procedure. This Article shall be amended in the
following manner:
1.
Amendments may be proposed by any citizens, organization or
governmental body.
2.
An application for an amendment to this Article shall be filed
with the Administrative Officer in such form and accompanied by such
information as required by the Administrative Officer. The Administrative
Officer, upon requiring an application for amendment, shall transmit
one (1) copy of such application along with all pertinent data filed
therewith, to the following agencies and/or legal entities for their
review and written recommendations, protests or comments:
3.
A fee of fifty dollars ($50.00) shall be paid to the City of
Hallsville, Missouri, for each application for an amendment. In addition,
the applicant will be billed for the actual costs of advertising and
other administrative expenses involved. The Board of Aldermen, Planning
Commission and Board of Adjustment shall be exempt from this fee.
4.
The Board of Aldermen shall hold a public hearing on each application
for an amendment at such time and place as shall be established by
the Board of Aldermen. The hearing shall be conducted and a record
of such proceedings shall be preserved in such manner as the Board
of Aldermen shall, by rule, prescribe from time to time.
5.
Notice of time and place of such hearing shall be published
at least once in a newspaper of local distribution not less than fifteen
(15) days before such hearing. Supplemental or additional notices
may be published or distributed as the Board of Aldermen may, by rule,
prescribe from time to time.
6.
The Planning Commission shall make written findings of fact
and shall submit same together with its recommendations to the Board
of Aldermen prior to the public hearing. Where the purpose and effect
of the proposed amendment is to change the zoning classification of
particular property, the Planning Commission shall make findings based
upon the evidence presented to it in each specific case with respect
to the following matters:
a.
Relatedness of the proposed amendment to goals and outlines
of the long-range physical plan of the City of Hallsville, Missouri.
b.
Existing uses of property within the general area of the property
in question.
c.
The zoning classification of property within the general area
of the property in question.
d.
The suitability of the property in question to the uses permitted
under the existing zoning classification.
e.
The trend of development, if any, in the general area of the
property in question, including changes, if any, which have taken
place in its present zoning classification.
7.
The Board of Aldermen shall not act upon a proposed amendment
to this Article until it shall have received a written report and
recommendation from the Planning Commission on the proposed amendment.
8.
The Board of Aldermen shall approve or deny the proposed amendment.
If an application for such an amendment is not acted upon by the Board
of Aldermen within a ninety-day period following its initial submission,
it shall be deemed to have been approved.
9.
In case a protest against a revision or amendment is presented,
duly signed and acknowledged by the owners of ten percent (10%) or
more, either of the area of the land (exclusive of streets and alleys)
included in such 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 revision or
amendment shall not become effective except by the favorable vote
of three-fourths (3/4) of all the members of the Board of Aldermen.
[Ord. No. 10.310
- 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A.
Creation And Membership. A Board of Adjustment is
hereby established, as set out in Section 89.080, RSMo. The Board
of Adjustment shall be appointed by the Board of Aldermen. The Board
of Adjustment shall consist of five (5) members, who shall be residents
of the City, except as provided in RSMo. Section 305.410. The membership
of the first 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. Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members. All members and alternates
shall be removable for cause by the appointing authority 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. The
Board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to Sections 89.010 to 89.140, RSMo. Meetings of the
Board shall be held at the call of the Chairman and at such other
times as the Board may determine. Such Chairman, or in his 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 minutes of its proceedings, showing the vote
of each member upon 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 Board 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.
B.
Powers.
1.
The Board of Adjustment shall have the following powers:
a.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an administrative
official in the enforcement of Sections 89.010 to 89.140, RSMo., or
of any ordinance adopted pursuant to such sections;
b.
To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
c.
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.
2.
In exercising the above-mentioned powers, such Board may, in conformity
with the provisions of Sections 89.010 to 89.140, RSMo., reverse or
affirm wholly or partly, or may modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as ought to be made and to that end shall
have all the powers of the officer from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, 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 any such ordinance
or to effect any variation in such ordinance except as provided in
Section 305.410, RSMo.
C.
Appeals To The Board Of Adjustment. 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
affected by any decision of the administrative officer. Appeals from
action taken by the Administrative Officer shall be taken in the following
manner:
1.
All appeals shall be taken within sixty (60) days of the date of
the action which is appealed.
2.
Appeals from the enforcement and interpretation of this Article,
signed by the appellant, shall be addressed to the Board of Adjustment
and presented to the Administrative Officer. A fee of one hundred
dollars ($100.00) shall be paid to the City of Hallsville, Missouri,
for each appeal. In addition, the appellant shall be billed for the
actual costs of advertising and administrative costs. The appeal shall
contain or be accompanied by such legal descriptions, maps, plans,
and other information so as to completely describe the decisions or
interpretation being appealed and the reasons for such appeal.
3.
The Administrative Officer shall transmit to the Board of Adjustment
the appeal and all papers constituting the record upon which the action
appealed was taken. The Chairman of the Board of Adjustment shall
schedule a hearing to be held within sixty (60) days from the filing
of the appeal. Public notice of the hearing shall be published in
a newspaper of general circulation, in the City at least once each
week for two (2) successive weeks prior to the hearing. The Administrative
Officer shall post notice on the property involved for a period of
one (1) week prior to the hearing.
4.
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 of Adjustment after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a
stay would, in his 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 application or notice to the officer from
whom the appeal is taken and on due cause shown. The Board of Adjustment
shall fix a reasonable time for the hearing of the appeal, give public
notice thereof, as well as due notice 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 attorney.
D.
Variance Applications. Applications for variances
to this Article shall be processed in the following manner:
1.
An application for a variance from the terms of this Article
signed by the applicant shall be addressed to the Board of Adjustment
and presented to the Administrative Officer.
2.
An application fee of ten dollars ($10.00) shall be paid to
the City of Hallsville, Missouri, for each application. In addition,
the applicant shall be billed for the actual costs of advertising
and administrative costs. The application shall contain or be accompanied
by such legal descriptions, maps, plans and other information so as
to completely describe the proposed use and existing conditions.
3.
The Administrative Officer shall review the application and
determine that sufficient data is contained to adequately describe
the situation to the Board of Adjustment. If the data is not adequate,
the Administrative Officer shall return the application to the applicant
for additional information. Completed applications shall be forwarded
to the Board of Adjustment.
E.
Actions Of The Board Of Adjustment. The Board of
Adjustment shall approve or deny appeals and variances in the following
manner:
1.
The Chairman of the Board of Adjustment shall schedule a public
hearing to be held within sixty (60) days after an application is
filed. Public notice of the hearing shall be published in a newspaper
of general circulation in the City at least once each week for two
(2) successive weeks prior to the hearing. The Administrative Officer
shall post notice on the property involved for a period of one (1)
week prior to the hearing.
2.
The Board of Adjustment shall approve or deny the application
for a variance following the public hearing. Before any variance is
granted, the Board of Adjustment must find that all of the following
criteria are met:
a.
Special circumstances exist which are peculiar to the applicant's
land, structure or building and do not generally apply to the neighboring
lands, structures or buildings in the same district or vicinity.
b.
Strict application of the provisions of this Article would deprive
the applicant of reasonable use of the land, structure or building
in a manner equivalent to the use permitted to be made by other owners
of their neighboring lands, structures, or buildings in the same district.
c.
The special circumstances are not the result of action of the
applicant taken subsequent to the adoption of this Article.
d.
Relief, if approved, will not cause substantial detriment to
the public welfare or impair the purposes and intent of this Article.
3.
The following rules will be considered by the Board of Adjustment
when approving or denying a variance:
a.
Financial disadvantages to the property owner shall not constitute
conclusive proof of unnecessary hardships within the purpose of zoning.
b.
The Board of Adjustment does not possess the power to grant
a variance permitting a zoned use of land or building that is not
permitted as a principal use or structure.
c.
In granting a variance, the Board of Adjustment may attach thereto
any conditions and safeguards it deems necessary or desirable in furthering
the purposes of this Article.
d.
Unless otherwise specified at the time the variance is granted,
the variance applies to the subject property and not to the individual
who applied. Consequently, the variance is transferable to any further
owner of subject property, but cannot be transferred by the applicant
to a different site.
e.
A variance shall continue for an indefinite length of time unless
otherwise specified at the time the variance is granted, except that
when a variance has not been used within one (1) year after the date
it was granted, the variance shall be canceled by the Administrative
Officer and written notices shall be given to the property owner.
F.
Decisions Subject To Review. Any person or persons jointly or severally
aggrieved by any decision of the board of adjustment, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons or any officer, department, board or bureau of the
City, may present to the circuit court of the County or City in which
the property affected is located a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, 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. Upon the presentation of such petition,
the court may allow a writ of certiorari directed to the Board of
Adjustment to review such decision of the Board of Adjustment 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 of Adjustment
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 the hearing, it shall appear to the court
that testimony is necessary for the proper disposition of the matter,
it may take additional evidence or appoint a referee to take such
evidence as it may direct and report the same to the court with his
findings of fact and conclusions of law, which shall constitute a
part of the proceedings upon which a determination of the court shall
be made. The court may reverse or affirm, wholly or partly, 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. All issues in any proceedings under Sections
89.080 to 89.110, RSMo., shall have preference over all other civil
actions and proceedings.
[Ord. No. 10.310
- 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
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 a conditional use permit
shall be made to the Planning and Zoning Commission and shall be accompanied
by the following:
C.
Procedure.
1.
The applicant shall submit all necessary information and materials
to the City Clerk. The City Clerk shall then refer the application
to the City Administrator, who shall review the request to determine
its compliance with the provisions of this Article. A report on the
proposal shall be made to the P & Z Commission at the time the
application is to be considered. The City Clerk shall handle all notification
procedures.
2.
The P & Z Commission shall hold a public hearing on the
application.
3.
Notice of the time and place of such hearing shall be published
at least once in a newspaper of local distribution not less than fifteen
(15) days before such hearing. Supplemental or additional notices
may be published or distributed as the Commission may, by rule, prescribe
from time to time.
4.
The Planning Commission shall make written findings of fact
and shall submit same together with its recommendation to the Board
of Aldermen, 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 a 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.
Off-street parking and loading areas are provided in accordance with the standards set forth in Section 400.580.
d.
Adequate utilities, drainage and other such facilities are provided.
e.
Adequate access is provided and is designed to prevent traffic
hazards and minimize traffic congestion.
5.
The Board of Aldermen shall approve or deny the proposed permit.
If the Board of Aldermen does not act upon an application for such
a permit within a ninety-day period following its initial submission,
it shall be deemed to have been approved.
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 the 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 any
other site.
G.
Amendment. Amendment or addition to any conditional
use permit is subject to the same procedures as those, which apply
to a new application. The City Administrator at his/her discretion
may authorize minor adjustments to an approved conditional use permit.
