[Ord. No. 29.10 §13, 10-2-1995]
A. 
Designation, Organization And Meeting Of Board.
1. 
The Board of Zoning Adjustment, hereafter referred to as the Board, shall consist of five (5) members, all of whom shall be residents in the Village of Theodosia. Terms of offices, powers, and other membership requirements for the Board shall be established in accordance with the provisions of Section 89.080, RSMo.
2. 
The Board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedures and keep a public record of all findings and decisions.
3. 
Each session of the Board shall be a public meeting with public notice of said meeting and business to be carried out and published in a newspaper of general circulation in the County, at least one (1) time, at least seven (7) days prior to the meeting.
B. 
Appeals From Enforcement Officer. The Board may hear appeals from the decisions of the administrative officer in respect to the enforcement and application of this Chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer.
C. 
Variances. The Board may hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due 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 ordinance. The Board shall not permit as a variance any use in a zone that is not permitted under the ordinance. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
D. 
Fees. The appellant or applicant shall be required to pay to the Village Clerk of Theodosia a filing fee of twenty-five dollars ($25.00) to cover such other costs as may be incurred in connection with such appeal or application.
E. 
Appeal From Decisions Of Board. Decisions of the Board in respect to both appeals from the decisions of the administrative officer and to requests for variances shall be subject to appeal to the Board of Trustees. Appeals must be filed with the Village Clerk within fifteen (15) days of the adverse decision, along with a fifty dollar ($50.00) appeal fee. The Board of Trustees shall consider the appeal at its next regularly scheduled meeting, and may overturn the decision of the Board of Zoning Adjustment upon a two-thirds (⅔) majority vote, such decision to be announced no more than fifteen (15) days after the action. Further appeal shall be made only to a court of record having jurisdiction.
[1]
State Law References — For similar provisions, §§89.010 — 89.140, RSMo.
[Ord. No. 29.10 §14, 10-2-1995]
A. 
The Board of Trustees may recommend to the Planning Commission amendments to the text of these regulations, or the Planning Commission may on its own initiate amendments.
B. 
Proposed amendments to the text shall be advertised in a paper of general circulation at least fifteen (15) days in advance of a public hearing to be conducted by the Planning Commission. After the public hearing, the Planning Commission shall make a report and recommendation to the Board of Trustees pertaining to the proposed amendment to the text. The action of the Board of Trustees on the report and recommendation shall be final.
[Ord. No. 29.10 §15, 10-2-1995]
A. 
Initiation And Procedures For Change In Zoning Classification.
1. 
A proposed change in a zoning district classification may be initiated by a letter of request by one (1) or more owners or lessees of property within the area proposed to be changed. Such a letter shall be addressed to the Planning Commission and shall be filed with the Secretary of the Planning Commission not less than forty-eight (48) hours prior to a regular monthly meeting.
2. 
The applicant for the change shall file an application for change in zoning classification on forms provided by the Planning Commission who shall schedule same for a public hearing before the Commission not less than thirty (30) days and not more than ninety (90) days from date of filing. The Commission shall publish a notice of the time and place of the public hearing on the proposed change in zoning district classification, which notice shall be published at least once not less than fifteen (15) days preceding the date of such hearing in a paper of general circulation in Ozark County. Said notice shall contain description of property and change proposed. The Planning Commission shall give or cause to be given such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable. In case 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 two-thirds (⅔) of all the members of the Board of Trustees.
3. 
The Planning Commission shall conduct the public hearing on the proposed change in zoning classification.
4. 
Following the public hearing, the proposed change in zoning classification may be approved as presented or in modified form by a majority vote of the Planning Commission and recommended for adoption by the Board of Trustees, with reasons for such recommendation stated in writing.
5. 
The Board of Trustees, by majority vote, may by ordinance adopt the recommended amendment submitted by the Planning Commission. If the Board of Trustees does not concur with the recommendation of the Planning Commission, it shall return the recommendation to the Planning Commission for further study and report. After resubmission of the recommendation, the Board of Trustees may, by majority vote, accept, reject or modify the recommendation pertaining to the proposed change in zoning classification.
6. 
If the Planning Commission disapproves a proposed change in zoning classification, notice of disapproval with the reasons for such disapproval shall be given in writing to the petitioner within fifteen (15) days from the date of the decision.
7. 
Following disapproval of a proposed change in zoning classification by the Planning Commission, the petitioner may appeal such disapproval to the Board of Trustees, provided that the petitioner states specifically in writing to the Village Clerk why he/she considers the Planning Commission's findings and decisions to be in error. Such appeal shall be filed with the Village Clerk within fifteen (15) days of receipt of notice of Planning Commission action. The Board of Trustees shall consider the appeal at its next regularly scheduled meeting, and may overturn the disapproval of the Planning Commission only by a two-thirds (⅔) majority vote.
B. 
Resubmission Of Application. No application for change of zoning for a given property may be re-submitted within twelve (12) months from date of action by the Planning Commission, unless the Planning Commission finds that a substantial reason exists for waiving this limitation.
C. 
Fee. Applications shall be accompanied by a filing fee of two hundred dollars ($200.00) to assist in defraying general expenses in connection with the application for a change in zoning.
[Ord. No. 29.10 §16, 10-2-1995]
A. 
The provisions of this Chapter shall be administered by an Enforcement Officer approved by the Board of Trustees.
B. 
A building permit will be issued only when the application has been approved by the Enforcement Officer as meeting requirements of this Chapter. All applications for building permits shall be accompanied by a plan in duplicate drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected and its location on the lot, and such other information as may be necessary to provide for the enforcement of this Chapter. A record of such application and plats shall be kept by the Enforcement Officer and are subject to review by the Planning Commission.
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.
B. 
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.
C. 
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).