City of Edgerton, MO Article X Administrative Provisions

Section 405.340 Enforcement.

[CC 1986 § 42.900]

A. Enforcement Officer. This Zoning Chapter shall be enforced by an Enforcement Officer who shall be appointed by the Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, and who shall serve for a term of one (1) year. His/her compensation, if any, shall be fixed by the Board of Aldermen. It shall be the duty of the Enforcement Officer and he/she is hereby empowered:

1. To inspect any building, structure or land to determine whether any violations of this Chapter have been committed or exist, whether or not such building, structure or land is occupied.

2. To issue a building permit when compliance is made with the regulations, to refuse to issue the same in the event of non-compliance, and to give written notice of such refusal and the reason therefor to the applicant, which shall be endorsed on the application.

3. To keep the Board of Aldermen advised of all matters pertaining to the enforcement of this Chapter, to make and keep all records necessary and appropriate to the office, including but not limited to all maps, amendments, special permits, records of the issuance and denial of all building permits and receipts of written complaints of violation of this Chapter and action taken on the same, and shall keep a record of all permits issued, in a separate book that shall be available for public inspection.

4. To issue and post notices of violations, stop orders, revocation of building permits, and order the remedying of any condition or omission that is found to be in violation of this Chapter. In addition, by resolution, the Board of Aldermen may direct the Enforcement Officer to revoke such building permits, issue such stop orders, make such inspection and reports, initiate and perform all other actions as required by the Board of Aldermen as may be necessary to enforce this Chapter or to invoke penalties for its violation.

5. To forward to the appropriate officials, agencies or bodies all applications for special permits, variances, and amendments to this Chapter that are initially filed with the Enforcement Officer and to seek recommendations from such officials, agencies or bodies as from time to time he/she shall deem appropriate to the proper enforcement of this Chapter.

B. Building Permits Granted Only In Conformance With Regulation.

1. No building permit shall be issued unless the proposed construction or use is in conformance with all the provisions of this Chapter and other applicable laws, orders or regulations.

2. Whenever the Enforcement Officer determines upon reasonable grounds that work on any building or structure is being or has been conducted in violation of any of the provisions of the City building code, State or Federal laws, building laws, orders, local laws, regulations, rules or specifications of the City or other applicable laws or regulations, or the requirements of any approved site plans, are not in conformity with the provisions of any application, plans or specifications upon which a building permit was issued, or that such work is being conducted in a dangerous or unsafe manner, then the Enforcement Officer may notify the owner of the property, or the owner's agent or the person performing the work to suspend such remaining work on any building or structure which is or could be affected by the violation, located within the lot or subdivision where the violation exists. If work remains to be performed on such buildings or structures, such persons shall forthwith stop such work and suspend all building activities on the affected buildings or structures until the stop order has been rescinded. Such stop order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him/her, or by posting the same upon a conspicuous portion of the building or structure under construction and sending a copy of the same by registered mail. Any person aggrieved by such a stop order may appeal to the Board of Zoning Adjustment within not more than three (3) months to review the same, and the Board of Zoning Adjustment on such review may affirm, modify or reverse the action of the Enforcement Officer, as the facts may warrant, except as provided in Section 405.350 of this Chapter.

C. Issuance Of Building Permit.

1. A building permit is required for:

a. The construction, reconstruction, moving, demolition, structural alteration or change in the use of a building or a structure affixed into the ground.

b. Any change in the bulk of a building, structure affixed into the ground, or non-building use, but not including ordinary repairs which are not structural in nature.

2. Application.

a. Application for a building permit shall be made to the Enforcement Officer in duplicate on forms provided by him/her and shall contain the following information:

(1) A description of the land on which the proposed work is to be done.

(2) A statement of the use or occupancy of all parts of the land and of the building or structure.

(3) The valuation of the proposed work.

(4) The full name and address of the owner and of the applicant, including the names and addresses of each officer and director of any corporation.

(5) A brief description of the nature of the proposed work.

(6) All applications shall be accompanied by the applicable site plan, drainage, grade and elevation plans and all other documents, if required for the development of the lot, building or structure.

b. Each application for a building permit other than for single-family residential construction shall be accompanied by plans and specifications, including lot plans as required drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, widths and grades of adjoining streets, walks and alleys and where required by the Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and if construction is over sixty thousand dollars ($60,000.00) in value, a certificate of a registered architect registered with the State of Missouri.

c. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that proposed work is authorized by the owner and that the applicant is authorized to make such application.

d. Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Enforcement Officer prior to the commencement of the additional work, and such amendments shall comply with the provisions of this Chapter. The granting or refusal of such an amendment by the Enforcement Officer shall be in writing and may be reviewed by appeal to the Board of Adjustment within not more than three (3) months after such determination is filed in the office of the Enforcement Officer.

D. Approval Or Disapproval Of Building Permit.

1. The Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He/she shall approve or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He/she shall approve the application within thirty (30) days of receipt of same. An appeal from the approval or disapproval of any application shall be made to the Board of Zoning Adjustment within thirty (30) days after the determination of the Enforcement Officer has been filed in the office of the Enforcement Officer or endorsed on the building plans filed in said office. Any final determination of disapproval shall be indicated in writing, together with the copies thereof filed in the office of the Enforcement Officer and mailed to the applicant.

2. Upon approval of the application and upon receipt of the fees therefor, he/she shall promptly issue a building permit to the applicant upon the form prescribed by him/her and shall affix his/her signature or cause his/her signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with word "approved."

3. One (1) set of such approved plans and specifications shall be retained in the files of the Enforcement Officer and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site and open to inspection by the Enforcement Officer or his/her authorized representative at all reasonable times. If the application, together with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant.

E. Expiration And Extension. Every building permit shall expire by limitation at the end of six (6) months from the date issued. The Enforcement Officer may, for due cause shown, extend the permit for a period not to exceed six (6) months, and any further extension shall be applied for to the Board of Zoning Adjustment.

F. Fees For Building Permits. Every application for a building permit pursuant to this Chapter and any adopted building code shall be accompanied by a fee as specified below:

1. Ordinary building permits are twenty-five dollars ($25.00), except that no fee shall be required in connection with a demolition permit. Nothing herein contained, however, shall alter the requirement for the application and issuance of a demolition permit for the removal of a dangerous or unsafe structure.

[Ord. No. 383, 8-8-1990]

2. All applications appealing to the Board of Adjustment necessitating the publication of notices in the newspaper shall be one hundred dollars ($100.00).

G. Copies. The Board of Aldermen may by order fix the fees required from the general public for copies of public documents required under this Chapter.

Section 405.350 Board Of Zoning Adjustment.

[CC 1986 § 42.910]

A. Membership. The existing Board of Zoning Adjustment is hereby continued. The Board shall consist of five (5) members, who shall be residents of the City except as provided in Section 305.410, RSMo. 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 hearings. 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 of procedure in accordance with the provisions of this Chapter and the provisions of Chapter 89, RSMo.

B. Procedure.

1. The Chairman, or in his/her absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public, and public notice of such meeting shall be given in at least one (1) publication in a newspaper of general circulation in the City at least fifteen (15) days before the date of the meeting. The notice shall state the time and place of the meeting, the official docket of the Board, and the place where the specific requests will be accessible for examination by interested parties. The Board of Zoning Adjustment shall give notice to other owners of property adjoining and opposite the property affected by such application or appeal, by mailing a copy of such notice to such persons, as their names and addresses appear on the last assessment rolls, but failure to give such additional notice shall not invalidate any action of the Board or affect its jurisdiction, nor shall the giving of such additional notice render any such person an aggrieved person, who otherwise is not aggrieved under the law.

2. A quorum shall consist of an absolute majority of the total membership of the Board of Zoning Adjustment and in order to reverse a decision of the Enforcement Officer, authorize a variance or grant a special permit, an affirmative vote of an absolute majority of the total membership of the Board of Zoning Adjustment shall be required.

3. The Board of Zoning Adjustment 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, which shall be filed in the office of the Board of Zoning Adjustment. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose. The Board of Zoning Adjustment shall adopt rules and regulations governing its procedures. No appeal to the Board of Zoning Adjustment, or request for review, from any order, requirement, decision or determination of the Enforcement Officer, shall be filed later than three (3) months from the date of filing of the order, requirement, decision or determination in the office of the Enforcement Officer. No appeal taken to the Board of Zoning Adjustment after any time limitation set in this Chapter shall be valid.

4. Every decision of the Board of Zoning Adjustment shall be in writing, and shall contain findings and conclusions as required by law, and shall be filed promptly in the office of the Board, and shall be a public record.

C. Board Of Adjustment — Appeals, Procedure. 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 municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, 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 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 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/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 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. Powers Of The Board Of Zoning Adjustment.

1. The Board of Zoning Adjustment shall have the following powers and duties described by law which are described as follows:

a. Shall hear and decide appeals from any review, any order, requirement, decision or determination of the Enforcement Officer. The appeal shall be taken within a period of not more than three (3) months and in the manner provided by the rules of the Board.

b. Shall hear and decide all matters referred to it, or upon which it is required by this Chapter to pass.

c. Where, by reason of exceptional narrowness, shallowness, shape of topography, or other extraordinary or exceptional situation or condition of a specific piece of property the strict application of any regulation of this Chapter would result in peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, to authorize, upon an appeal relating to the property, a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map.

d. Shall have the power to grant special permits as provided in this Chapter.

e. Shall have the power to grant any extension or modifications as provided in this Chapter. The enumerator of these specific powers is not intended to exclude thereby any other power set forth in the Revised Statutes of Missouri or in this Chapter.

2. In exercising the above powers, the Board of Zoning Adjustment may reverse or affirm wholly or partly or may modify the Chapter, 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 Enforcement Officer.

E. Fees. Every application or appeal to the Board shall be accompanied by a filing fee of twenty-five dollars ($25.00). All applications or appeals necessitating the publication of notices in a newspaper shall be accompanied by a filing fee of one hundred dollars ($100.00).