[Ord. No. 509, 8-11-2021]
This Section shall provide regulations generally applicable to the administrative functions and enforcement of this Chapter.
[Ord. No. 509, 8-11-2021]
A. 
Except as hereinafter specifically provided:
1. 
No land shall be used except for a purpose permitted in the zoning district in which it is located.
2. 
No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building be used, except for a use permitted in the zoning district in which such building is located and in conformity with the use regulations of the zoning district in which such building is located.
3. 
No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located.
4. 
The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Chapter for each and every building existing on March 4, 1974, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the zoning district in which such lot is located.
5. 
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided hereinafter.
[Ord. No. 509, 8-11-2021]
A. 
Compliance. Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of these regulations shall be guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine according to Section 400.343(D) of this Chapter. Each day during which such violation shall be permitted to exist shall constitute a separate offense hereunder.
B. 
Recording. Any owner or any proprietor of any tract of land situated within the corporate limits of the City who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the Office of the Recorder of Deeds of Stone County. A reproducible copy shall be filed with the City Clerk of Kimberling City also.
C. 
Approval. No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Commission and Board in accordance with the regulations set forth in this regulation and so certified by the City Clerk.
D. 
Prepared By Land Surveyor And Professional Engineer. Every plat shall be prepared by a registered land surveyor duly licensed by the State who shall cause his/her seal to be affixed on the face of the plat. All improvement plans, i.e., streets, water, sewer systems, etc., shall be prepared by a registered professional engineer, duly licensed by the State, and such plans shall bear the seal and signature of the professional engineer.
E. 
No Contract Of Sale. No person, firm or corporation, proposing to make or have made a subdivision within the territorial jurisdiction of these regulations shall enter into any contract for the sale of, or shall offer to sell any subdivision or any part thereof until he/she or it has obtained from the Board of Aldermen approval of the Final Plat of the proposed subdivision and the approval made a matter of public record.
[Ord. No. 509, 8-11-2021]
A. 
The powers and duties of the Administrative Officer shall be as follows:
1. 
Issue all Building Permits and make and maintain records thereof.
2. 
Issue all Certificates of Occupancy and make and maintain records thereof.
3. 
Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this Chapter.
4. 
Require that all construction or work of any type be stopped when such work is not in compliance with this Chapter.
5. 
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.
6. 
Maintain permanent and current records of this Chapter, including, but not limited to, all maps, amendments, variances, appeals, and applications.
7. 
Provide and maintain a public information bureau relative to all matters arising out of this Chapter.
8. 
Forward to the Planning and Zoning Commission all applications for amendments to this Chapter.
9. 
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 Chapter.
10. 
Initiate, direct, and review, from time to time, a study of the provisions of this Chapter, and to make such reports available to the Planning and Zoning Commission not less than once a year.
[Ord. No. 509, 8-11-2021]
A. 
Creation. There is hereby created a Board of Adjustment to implement the provisions of this Chapter, where powers are duly expressed.
B. 
Membership.
1. 
The Board of Adjustment shall consist of five (5) members who shall be residents and who shall be appointed by the Mayor with the consent of the Board of Aldermen. 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 regular members. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and notice of same to the members and after holding or providing the opportunity to hold a public hearing on said removal.
2. 
Vacancies shall be filled by appointment by the Mayor with the consent of the Board of Aldermen for the unexpired term of any member or alternate whose position becomes vacant.
3. 
The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.
C. 
Meetings. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her 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 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 Board and shall be public record. All testimony, objections thereto, and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.
D. 
Powers. The Board of Adjustment shall have the following powers:
1. 
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 Chapter 400 of this Title or of any ordinance adopted pursuant thereto;
2. 
To hear and decide all matters referred to it or upon which is required to pass under this Title;
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Title, to vary or modify the application of any of the regulations or provisions of this Title relating to the use, construction, or alteration of buildings or structures or the use of land so that the spirit of the Title shall be observed, public safety and welfare secured, and substantial justice done.
E. 
Authority. In exercising the above-mentioned powers such Board of Adjustment, 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 (4) members of the Board of Adjustment 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.
[Ord. No. 509, 8-11-2021]
A. 
Separability. If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The Board of Aldermen hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application that is judged to be invalid.
B. 
Savings Provision. These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the municipality under any Section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the municipality except as shall be expressly provided for in these regulations.