[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.