[R.O. 2012 §404.010; Ord. No. 88-5-5, 5-16-1988]
The Building Official or his/her duly authorized representative shall be empowered to act within the provisions of this Chapter upon all applications for permits. In the event of refusal to issue a permit upon an application, as herein provided, the applicant shall have the right to appeal to the Board of Adjustment as set in Section 404.080(D).
[Ord. No. 25-05-03, 5-5-2025]
A. 
It is the policy of the City, consistent with the Americans with Disabilities Act and the Fair Housing Act, to provide reasonable accommodations in the application of its land use regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use and zoning regulations or policies, including the modification or waiver of certain requirements, when it is necessary to eliminate barriers to housing opportunities. The purpose of this Section is to establish a process for making and acting upon requests for reasonable accommodation.
1. 
Any person who requests reasonable accommodation in the form of modification in the application of a zoning regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents may apply to the Community Development Director on a form provided by the City.
a. 
The term "person" includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability.
b. 
The application shall include a detailed explanation of why the modification is reasonable and necessary to make the specific housing available to the person, including information establishing that the applicant is disabled under applicable laws, supporting documentation demonstrating the relationship between the disability and the requested accommodation, as well as other information required by the City to make the determination.
c. 
If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review.
2. 
The Community Development Director shall review the request and make a recommendation to the City Council. The request shall be evaluated under the following factors:
a. 
Whether there is a qualifying disability;
b. 
Whether the request is necessary to allow a disabled person equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as a person without disabilities;
c. 
Whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the accommodation meets the stated need, and other alternatives that may meet that need;
d. 
Whether the request would constitute a fundamental alteration of the City's regulations, policies, or procedures;
e. 
Whether the request would impose an undue financial or administrative burden on the City; and
f. 
Any other factor that may have a bearing on the request, as determined by the City.
3. 
The City Council shall consider the request following receipt of the recommendation of the Community Development Director. Notice of the meeting at which the City Council will evaluate the request shall be mailed at least ten days before the meeting to the applicant and owners of all properties located within 185 feet of the property subject to the request.
4. 
The Mayor shall preside over the hearing, provided that the Mayor is authorized to appoint a hearing officer to assist in the hearing's procedural matters. The applicant shall have the right to be represented by legal counsel. The applicant and the Community Development Director, or designee, may present evidence and call witnesses. Testimony shall be taken under oath or affirmation. A record of the proceedings shall be kept by a certified court reporter. All documents, exhibits, and other evidence presented shall be maintained as part of the official record. The applicant shall bear the burden of proof to demonstrate, by a preponderance of the evidence, that the requested accommodation is reasonable and necessary to afford equal housing opportunity. At the conclusion of the hearing, the City Council shall deliberate and issue a written decision within 30 days.
5. 
An approved request is granted only to an individual and does not run with the land unless the City Council determines that the accommodation is physically integrated into the residential structure and cannot easily be removed or altered or the accommodation is to be used by another individual with a disability.
B. 
All materials submitted in connection with a request for reasonable accommodation, including the application, supporting documentation, and related correspondence, are public records subject to disclosure under the Missouri Sunshine Law (Chapter 610, RSMo).
C. 
An applicant may request a pre-submittal meeting with the City’s Community Development Director to discuss potential redactions of personally identifiable medical information, protected health information, or proprietary financial data. During this meeting, the applicant may propose providing a general description or summary of the redacted content to assist in the City's review without compromising the fairness or completeness of the evaluation.
D. 
It is the applicant's responsibility to ensure that any redacted submission still includes sufficient, legally supportable information for the City to fully evaluate the request.
[R.O. 2012 §404.020; Ord. No. 91-4-2 §33(B), 4-1-1991]
A. 
No building or structure shall be erected, added to, or altered until a permit therefore has been issued by the Building Official. Except upon a written order of the Board of Adjustment, no such building permit shall be issued for any building where said construction, addition, or alteration or use thereof would be in violation of any of the provisions of this or other ordinances.
B. 
There shall be submitted with all applications for building permits three (3) copies of a layout or site plan, drawn to scale, showing actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and any accessory buildings to be erected, parking and any loading areas including access thereto, landscaping, and such other information as may be necessary to determine and provide for the enforcement of this Chapter. In the case of building permits in a Planned Zoning District, the Building Official shall determine that all aspects of the proposed construction conform to the final development plan which was approved and endorsed by the Planning Commission.
C. 
One (1) copy of such layout or plot plan shall be returned with approval by the Building Official together with such permit to the applicant.
D. 
In the interest of public safety, and for preservation of the traffic carrying capacity of the street system, the City Manager shall have the authority to restrict and regulate points of access to all property from the public street system before building permits are issued. When buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, and development of the remainder of the parcel or adjoining property is adversely affected, or development conflicts with any provision or portion the Master Plan, Major Street Plan, subdivision ordinance, minimum design standards, or other provision of these regulations.
[Ord. No. 26-04-06, 4-6-2026]
A. 
Authority To File. Applications for sign permits may be filed only by the subject landowner or the subject landowner's authorized agent.
B. 
Applicability. A sign permit is required for the erection of any sign other than those exempted from permit requirements by Section 403.130.
C. 
Application Submittal. A complete application for a sign permit must be submitted to the Community Development Department as established in Section 404.010. All sign permit applications must be submitted on a form provided by the department and provide information regarding location, materials, size, color, and illumination.
D. 
Review And Action By The Community Development Department. The Community Development Director, or their designee, must review each sign permit application for compliance with the City's sign and zoning regulations and act to approve, approve with conditions, or deny the permit application.
E. 
Maintenance And Repair. Cleaning, painting, repainting, and other normal maintenance and repair of a sign does not require a sign permit unless a structure or size change is made. Maintenance does not include replacement of a sign face.
F. 
Administrative Exceptions. When the strict application of the requirements of the sign regulations creates a practical difficultly due to physical circumstances that are generally unique to the subject property, the Community Development Director may grant administrative exceptions, with limitations, from certain requirements of the sign regulations for the following standards:
1. 
Sign Height. The maximum permitted height of a sign structure may be modified by no more than ten percent (10%).
2. 
Sign Area. The maximum permitted area of a sign face may be modified by no more than ten percent (10%).
3. 
Setbacks. The minimum required setback from a property line or right-of-way may be modified by no more than ten percent (10%).
4. 
Landscaping. Landscaping requirements for signs may be modified, reduced, or waived.
When such exceptions are granted, written approval of the exception must be kept and stored with the sign permit record.
G. 
Appeals Of Administrative Exceptions. An applicant for a sign permit may appeal a decision of the Community Development Director regarding an administrative exception to the Planning and Zoning Commission. The appeal will be considered a special sign permit, subject to the processes outlined in Section 404.026.
H. 
Expiration. A sign permit expires and becomes null and void when work authorized by the permit has not commenced within a period of 180 days beginning from the date the permit was issued, or if such work is suspended or abandoned for a period exceeding 180 days.
I. 
Revocation. The Community Development Director may revoke a sign permit prior to completion of the sign if the Director determines that the sign fails to conform to the approved plans, specifications, or conditions of approval. Upon revocation, the Director shall issue a stop work order. The order shall be served upon the owner, agent, contractor, or any person employed on the site and shall be posted prominently on the premises. Once posted, all work related to the subject sign shall stop immediately, except for work necessary to correct the violation identified in the order.
J. 
Fees. For purposes of charging fees, a sign permit shall be considered a building permit and shall be subject to the fees specified in the Schedule of Fees, Title I, Appendix A.
[Ord. No. 26-04-06, 4-6-2026]
A. 
Purpose. The special sign permit is intended to provide a mechanism for review and approval of signs that do not strictly comply with the dimensional or design standards of Chapter 403, where such deviations are found to be appropriate for the subject site and will not negatively impact the surrounding properties.
B. 
Authority To File. Applications for special sign permits may be filed only by the subject landowner or the subject landowner's authorized agent.
C. 
Applicability.
1. 
When Required. A special sign permit is required for any sign that does not conform to Chapter 403 and that is not eligible for, or has been denied, an administrative exception under Section 404.025(F), or where otherwise expressly required by this Code.
2. 
When Not Permitted. A special sign permit shall not be granted for any sign type or feature expressly prohibited by Section 403.140.
3. 
Exemptions. A special sign permit is not required for signs that have been reviewed and approved by the City Council as part of a Planned Zoning District or major site plan, where such plan specifically addresses signage.
D. 
Application Submittal. The applicant must submit a complete application for a special sign permit to the Community Development Department on a form provided by the department. The application must include the following:
1. 
All information and exhibits required by a standard sign permit, as outlined in Section 404.025(C).
2. 
A written cover letter describing the proposed sign or signs, the specific deviation from the sign regulations in Chapter 403, and the reason for the modification.
3. 
An application fee as listed in the Schedule of Fees, Title I, Appendix A, approved by the City Council.
E. 
Review And Action By The Planning And Zoning Commission. The Community Development Director, or their designee, must present the application to the Planning and Zoning Commission with a staff recommended action. Following the presentation, the Commission must act to approve, approve with conditions, or deny the permit application. Decisions of the Planning and Zoning Commission must be based on consideration of the following:
1. 
The purpose and intent of the sign regulations as established in Section 403.010;
2. 
Use of the facility;
3. 
Size of the site;
4. 
Height of the building;
5. 
Number, size, and height of signs on the surrounding properties;
6. 
Number, size, and height of signs previously approved for similar uses within the community;
7. 
Surrounding zoning and land uses;
8. 
Topography of the site; and
9. 
Any other factor relating to:
a. 
The physical character of the sign, excluding content;
b. 
Its physical relationship to the principal building and site; and
c. 
Any unique visibility considerations.
F. 
Sign Permit Required. Prior to the erection of any sign or signs approved by a special sign permit, the applicant must submit an application for a sign permit as outlined in Section 404.025.
G. 
Expiration Of Approval. The approval of a special sign permit by the Planning and Zoning Commission expires when the applicant or property owner fails to submit a sign permit application within one (1) year of the approval. The Commission's approval also expires upon the expiration of a sign permit, as outlined in Section 404.025(H)
H. 
Appeals Of Planning And Zoning Commission Decision. An applicant may appeal the Planning and Zoning Commission's decision to the City Council when the Commission either denies or approves an application with conditions unsuitable to the applicant. The appeal process shall be as follows:
1. 
Filing Deadline. An appeal of a Planning and Zoning Commission decision on a special sign permit must be filed with the Community Development Director in writing no later than fifteen (15) days following the Commission's decision.
2. 
Content Of Appeal. The written appeal shall state the grounds upon which the applicant contends the Commission's decision is unacceptable or erroneous.
3. 
Review By City Council. The City Council shall review the application and the record of the Planning and Zoning Commission's proceedings. No additional public testimony shall be heard.
4. 
Decision. The City Council may approve, approve with conditions, deny, or remand the application back to the Planning and Zoning Commission for further consideration. The Council's decision shall be made by resolution and shall be final.
[R.O. 2012 §§404.030, 404.050; Ord. No. 88-5-5, 5-16-1988; Ord. No. 14-07-05 §17, 7-21-2014]
A. 
No land or lot shall be used for any purpose other than agricultural without first obtaining a Land Use Permit.
B. 
The fee for a land use permit shall be as specified in the Schedule of Fees, Title I, Appendix A.
[R.O. 2012 §404.040; Ord. No. 88-5-5, 5-16-1988; Ord. No. 01-4-4, 4-2-2001; Ord. No. 01-11-4, 1-7-2001; Ord. No. 02-12-1, 12-2-2002]
A. 
After completion of a building or structure for which a building permit has been issued and all requirements of all codes and ordinances of the City have been met, a certificate of occupancy shall be issued, stating that the building or proposed use thereof complies with the provisions of this Chapter.
B. 
No non-conforming use shall be maintained, renewed, or changed without a certificate of occupancy having first been issued by the Building Official.
C. 
All Certificates of Occupancy shall be applied for coincident with the application for a Building or Land Use Permit. The certificate shall be issued within ten (10) days after the erection or alteration has been determined to comply with the provisions of this Chapter and other codes of the City of Excelsior Springs.
D. 
Copies of all Certificates of Occupancy maintained by the City shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.
E. 
Penalties.
1. 
The penalty which shall apply to this Title shall be set out in Section 404.100 of this Chapter.
2. 
A builder, owner, or agent for the builder or owner may be prohibited from obtaining a building permit within the City of Excelsior Springs for a period of one (1) year from the date of the second (2nd) violation at the discretion of the Director of Codes Administration. Said builder or owner may appeal the Codes Director's decision to the City Manager or the City Council.
3. 
No additional or new building permits shall be issued in Excelsior Springs to a builder, owner, or agent for the builder or owner who has violated any part of this Subsection until such builder, owner, or agent for the builder or owner has obtained the required Certificate of Occupancy. Upon obtaining the required certificate, the builder or owner shall again be eligible for further building permits. A one hundred dollar ($100.00) reinspection fee shall be charged to the builder, owner, or agent for the builder or owner of a structure which violates this Subsection of the City Code if reinspection is necessary prior to issuance of a Certificate of Occupancy.
[R.O. 2012 §404.060; Ord. No. 91-4-2 §33(F), 4-1-1991; Ord. No. 91-12-7 §404.060(4), 12-9-1991]
A. 
When a building or land use permit is requested on a lot or tract abutting a public street, the Building Official shall determine that adequate right of way exists on that portion of the public street abutting the property. The minimum right of way shall be measured from the center line of the street to the property line of the lot or tract, and shall be as follows:
1. 
Single-family and multi-family area — twenty-five (25) feet.
2. 
Industrial areas — thirty (30) feet.
3. 
Secondary thoroughfares (including collectors) — thirty (30) feet.
4. 
Primary thoroughfares — forty (40) feet; except at major intersections fifty (50) feet may be required for a distance necessary to accommodate future roadway widening, according to traffic flow patterns.
5. 
Commercial streets — thirty (30) feet.
[R.O. 2012 §404.070; Ord. No. 88-5-5, 5-16-1988]
In any case where the abutting right of way does not clearly comply with the above dimensions, a building or land use permit shall not be issued for the lot or tract until title for the required additional right of way has been conveyed to the City in keeping with established procedures.
[R.O. 2012 §404.080; Ord. No. 88-5-5, 5-16-1988]
Any building or structure for which a building permit has been issued by the City of Excelsior Springs may be constructed according to the terms of said permit. In addition, during a period of ninety (90) days following the adoption of this ordinance a permit may be issued for any building or structure for which plans were substantially complete on the date of the adoption of this ordinance provided the Building Official, in his/her judgment, is convinced that the plans were indeed prepared in good faith and that substantial and undue hardship would prevail if the construction were not allowed to proceed. Such building, structure or site conditions may not conform in all respects with this Chapter but shall conform to the previous zoning ordinances and the codes of the City of Excelsior Springs. This period of transition may terminate ninety (90) days following the date of the adoption of this ordinance and thereafter all permits for construction shall require full conformance with this Chapter. In all cases of such non-compliance during this period of transition, construction shall begin within one hundred (100) days of the adoption of this ordinance or full compliance herewith shall be required.
[R.O. 2012 §404.090; Ord. No. 88-5-5, 5-16-1988; Ord. No. 02-9-5, 9-16-2002; Ord. No. 14-07-05 §18, 7-21-2014; Ord. No. 22-07-01, 7-18-2022]
A. 
Purpose. The Board of Zoning Adjustment may grant variances from the provisions of this Chapter in harmony with its general purpose and intent and may vary them only in specific instances hereinafter set forth. The Board of Zoning Adjustment, based on standards hereafter prescribed and after hearing, may decide that these are practical difficulties or particular hardships in the way of carrying out the strict letter of these regulations. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement or decision of the party appealed from or to issue an order or variance or to decide in favor of an appellant.
B. 
Standards.
1. 
The Board of Adjustment may vary the provisions of this Chapter as authorized in this Section, but only when it shall have made findings based upon evidence presented to it in the following specific cases:
a. 
That the plight of the applicant is due to unique circumstances of the property or circumstance;
b. 
That the variance, if granted, will not alter the essential character of the surrounding properties.
2. 
For the purpose of supplementing the above standards, the Board of Adjustment shall also, in making a determination of whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a. 
That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;
b. 
That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
c. 
That the alleged difficulty or hardship has not been created by any person having an interest in the property at any time after the effective date of this ordinance;
d. 
That the granting of the variance will not be detrimental to the public welfare in the neighborhood in which the property is located;
e. 
That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
3. 
The Board of Adjustment may require such conditions and restrictions upon the premises to be benefitted by a variance as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood and to implement the general purpose and intent of this Chapter. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such variance.
C. 
Procedure. A variance shall be decided by the Board of Adjustment only after a hearing before the Board of Adjustment and in compliance with other requirements of applicable Statutes of the State of Missouri.
D. 
Appeals. An appeal may be taken to the Board of Adjustment by any person, firm, or corporation from any decision of the City, including the Building Official, made under this Chapter. Filing of the appeal shall be accompanied by a fee as specified in the Schedule of Fees, Title I, Appendix A.
[1]
Editor's Note: Ord. no. 08-9-2 has established terms for this board of zoning adjustment to be uniform with the terms of other boards and commissions with terms commencing September 30, 2009.
[R.O. 2012 §404.100; Ord. No. 88-5-5, 5-16-1988; Ord. No. 88-10-2 §33, 10-3-1988; Ord. No. 91-4-2 §36, 4-1-1991; Ord. No. 93-6-6 §404.100, 6-7-1993; Ord. No. 02-9-4, 9-16-2002; Ord. No. 03-12-3, 12-1-2003; Ord. No. 14-07-05 §19, 7-21-2014]
A. 
Applications for amendments, revision or change of the Zoning District Map or for a Special Use Permit may be made by the City Manager or any person, or his/her agent, who owns or has the consent of the owner of the land sought to be rezoned or specially used. If such applications are made by the owner's agent, the agent shall enter upon the application the name and current mailing address of the owner. Application for amendment, revisions or change of any portion of the zoning ordinance, may be made by any interested person. All applications shall be made on forms prescribed by the City Planning Commission and duly filed with the Building Official.
1. 
Rezoning property — other than planned zoning. A fee (the amounts are shown in the table below) shall accompany each application for amendment, revision or change, or for a Special Use Permit. An accurate sketch of the land in question, drawn to scale on a sheet eight and one-half (8½) inches by eleven (11) inches or larger, showing adjacent tracts within one hundred eighty-five (185) feet and the current ownership thereof shall accompany the application. The Building Official may waive or vary from these sketch requirements in cases where such information would be of no value in making the decision relative to zoning change or Special Use Permit.
2. 
Fees. All fees for Rezoning or Special Use Permits shall be according to the Schedule of Fees, Title I, Appendix A.
3. 
Rezoning property to a planned district. A tract of land may be zoned "RP-1" through "MP-2", inclusive, only upon application by the owner or his/her agent, and only upon approval of a development plan. The proponents of a Planned District shall prepare and submit to the Building Official:
a. 
A development plan showing the property to be included in the proposed development, plus the area within one hundred eighty-five (185) feet, except in "RP-4" and "RP-5" only that area within one hundred (100) feet shall be shown.
b. 
The following items shall be included on the property to be developed:
(1) 
Existing topography with contours at five (5) foot intervals provided that where natural slopes are sufficiently flat the Building Official may require contours at lesser intervals, except in "RP-4" and "RP-5" Districts, the topography shall not be required.
(2) 
Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets, and any existing easements.
(3) 
Sufficient dimensions to indicate relationship between buildings, property lines, parking areas, and other elements of the plan.
(4) 
General extent and character of proposed landscaping.
c. 
The following items shall be shown on the same drawing within the one hundred eighty-five (185) foot adjacent area, except in "RP-4" and "RP-5", only that area within one hundred (100) feet shall be shown:
(1) 
Any public streets which are of record,
(2) 
Any drives which exist or which are proposed to the degree that they appear on plans on file with the City except those serving single-family houses,
(3) 
In "RP-4" and "RP-5" Districts, state the use of any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single and two-family residential buildings may be shown in approximate location and general size and shape. Buildings should be shown in all other Planned Districts.
(4) 
The location and size of any drainage structure, such as culverts, paved or earthen ditches or storm water sewer and inlets.
d. 
Preliminary sketches depicting the general style, size and exterior construction materials of the building proposed. In the event of several buildings, a typical sketch may be submitted. In case several building types, such as apartments and business buildings are proposed on the plan, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
e. 
A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with ordinance requirements can be determined.
The Planning Commission shall hold a public hearing on the plan as provided by law. At such time as the development as planned meets with the approval of the Commission, the same shall be duly approved, properly endorsed and identified and sent onto the Council for action. Upon final approval of the plan and the rezoning of the tract, construction may proceed and conformance with the plan and all supporting documentation is mandatory, however all final plans shall be submitted to the Building Inspector and approved as to compliance with the development plan prior to the issuance of a building permit.
The final plans submitted shall include a landscape and screening plan showing species and size of all plant materials, areas to be seeded, sodded, etc., all to be in keeping with the development plans as approved. If, in the judgment of the Building Inspector, the concept of development, as depicted on the final plans, deviates substantially from the concept of the development plan submitted for zoning, the Building Inspector shall deny the request for final plan approval.
The applicant, in case of denial, may apply for a new hearing, with publication as required and the Commission and Council may approve or deny the final plans after said hearing. All decisions of the Planning Commission may be appealed to the City Council who may reverse or affirm the same.
During construction, the City Manager shall have the authority to approve variances to the final plan in keeping with the approved development plan when such variance represents less than ten percent (10%) change in open space utilization.
4. 
Procedure upon receipt of application and fee for change. Immediately upon receipt of such application and fee the Building Official shall note thereon the date of filing and make a permanent record thereof. All such applications shall be set down for hearing not later than the second (2nd) regular monthly meeting of the Planned Commission from the date of termination of the earliest publication period available thereafter required by law. Any such hearing may, for good cause, in the discretion of the Planning Commission, be continued for a definite time to be specified in the record of the Planning Commission. Notice of such hearing shall be published in one (1) issue of the official newspaper of the City, such notice to be published not less than fifteen (15) days prior to the date of said hearing before the Planning Commission.
5. 
Enumeration of conditions. Whenever any owner of property or other person with standing to apply, shall file an application for the rezoning of such property, the City Manager shall prepare a staff report concerning such zoning and shall include in such report such recommendations for infrastructure improvements as may be required to mitigate the effects of the proposed development. The City Planning Commission shall, in making its recommendations to the City Council with respect to such proposed rezoning, recommend such conditions as in its judgment are necessary. In adopting any ordinance approving any rezoning, the City Council may enumerate such conditions which in its judgment are necessary to mitigate the effects of the proposed development.
6. 
Proof of ownership or option contract to buy. Applicant shall furnish proof that he/she is the owner or has an option or contract to buy the land described in the application, and the sketch required to be filed at the time the application is filed covers the same property as the description in the application. Following the final hearing of such application, the Planning Commission shall approve or deny the same, at the earliest reasonable time, and shall transmit an accurate written summary of the proceedings to the City Clerk.
7. 
Submission of Planning Commission action to Council. Following the receipt of the summary of the action of the Planning Commission, the City Clerk shall submit the same to the City Council for action approving or disapproving the recommendation for the Planning Commission, provided however, the Council may for good cause continue its action upon such application or take the same under advisement for final decision at a later date, and in any case the record shall show the reason for such continuance or withholding of action.
8. 
Continuances — action required of applicant. Upon request of the applicant to the Building Official, one (1) continuance of the hearing before the Planning Commission may be approved by the Planning Commission and one (1) continuance may be granted by the Council on the Planning Commission recommendation. Any such continuance when requested by the applicant, shall be made to a day certain and shall be for not less than one (1) month.
9. 
Lesser change than requested — table. The Planning Commission may recommend and the City Council may approve a change in a Zoning District which is more restrictive than that requested by the applicant, provided such change is in keeping with the following:
a. 
Residential districts. Most restrictive is District "R-1" through District "R-1", District "R-2", District "R-3", District "R-4" to District "R-5", which shall be the least restrictive district.
b. 
Business districts. Most restrictive is District "C-O" through District "C-1", "C-2A", District "C-2", to District "C-3", which shall be the least restrictive.
c. 
Industrial districts. Most restrictive is District "M-1" and the least restrictive is District "M-2".
10. 
Equal or more restrictive change. The Planning Commission may recommend and the City Council may adopt a change in zoning which is equal to or more restrictive than the one requested, provided the more restrictive district is the same "R", "C", or "M" category for which the change was requested. In no case may a change to an "R" District be approved if the application is for a "C" or "M" District, and in no case may a "C" District be approved if the application is for an "M" District. A Planned District shall be equally restrictive to its equivalent district. Provided further, the Council may, if in its judgment deemed advisable for the interest of the public and applicant, refer such application back to the Planning Commission for further consideration and public hearing. The applicant shall not be required to pay an additional filing fee in such rehearing proceedings.
11. 
Action by Planning Commission. Recommendations for amendment, revision, change or repeal of the zoning ordinance, Zoning District Map, rules or regulations, may also be made by the Planning Commission upon its own motion or by the City Council, providing the same are first submitted to the Planning Commission for hearing and recommendation. In either case, final action by the City Council shall be taken only after hearing upon publication notice and recommendation, whether favorable or otherwise, by the Planning Commission, in the manner hereinbefore provided. In case of an adverse report by the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, change modification or repeal shall be presented in writing to the City Clerk, within fifteen (15) days following the decision of the Planning Commission, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets, places or alleys) included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all members of the City Council.
[Ord. No. 25-09-03, 9-2-2025]
A. 
Applicability. This Section shall apply to all legislative and quasi-judicial land use approvals authorized by Title IV and shall prevail over any conflicting provisions elsewhere in the Code.
B. 
Definitions. For purposes of this Section, the following terms shall be defined:
1. 
"Legislative Approval" means any zoning or land use decision that requires legislative action by the City Council. This, includes, but is not limited to, amendments to the text of the Zoning Code and changes to the Official Zoning Map (rezonings).
2. 
"Quasi-Judicial Approval" means any zoning or land use decision on a specific application or property that is decided by applying established standards to facts, typically involving a hearing and determination of the applicant's particular rights. This, includes, but is not limited to, variances, special use permits, reasonable accommodation requests for persons with disabilities, and similar site-specific permits or appeals.
C. 
Waiting Period For Denied Legislative Approvals. If an application for a Legislative Approval is denied by the City Council, the same or substantially similar application shall not be accepted for filing for a period of six (6) months from the date of denial. This six-month waiting period applies to rezoning requests for the same property or any request that is not materially different from what was previously denied. Its purpose is to respect the finality of the Council's legislative decision and to prevent repetitive or harassing applications.
D. 
Material Change Exception — Legislative Approvals. Notwithstanding the above waiting period, an applicant may be permitted to file a new application within the six-month period if the applicant demonstrates a material change in facts or circumstances since the prior denial. The burden is on the applicant to show that conditions have substantially changed in a manner that could affect the outcome. Examples of a material change, include, but are not limited to:
1. 
A significant revision to the proposal (e.g., a different zoning district sought or a modified development plan).
2. 
Changes in the surrounding land uses or neighborhood character.
3. 
The adoption of pertinent amendments to the City's comprehensive plan or ordinances.
The Community Development Director shall review any request to reapply early and the supporting evidence of changed circumstances.
E. 
Determination Of Material Change. If the Community Development Director determines that the applicant has demonstrated a genuine material change in facts or circumstances, the new application may be accepted and processed notwithstanding the six-month rule. If the Community Development Director finds that no material change has been shown, the application shall be rejected as premature. The Community Development Director's determination shall be provided in writing. An aggrieved applicant may appeal a negative determination to the City Council, by written notice filed with the Community Development Director within ten (10) days of the determination. Upon review, the City Council may either:
1. 
Authorize the early reapplication by finding that a material change exists, in which case the application will be accepted for filing; or
2. 
Uphold the Community Development Director's decision, in which case the six-month ban remains in effect.
F. 
Quasi-Judicial Approvals — Finality Of Decisions (No Automatic Waiting Period). Decisions on Quasi-Judicial Approvals (such as variance requests, special use permits, reasonable accommodation requests, and appeals of administrative decisions) are subject to the doctrine of finality under Missouri law. No fixed waiting period is imposed for reapplying after a denial of a quasi-judicial request. A board or decision-maker shall not reconsider or rehear a previously denied quasi-judicial application unless the applicant demonstrates that relevant facts or circumstances have materially changed since the prior decision. City officials and boards are empowered to dismiss or refuse any reapplication that does not credibly differ from the earlier denied request. The proper avenue for a party dissatisfied with a quasi-judicial denial is to seek judicial review, not repetitive applications.
A. 
The owner or general agent of a building or premises where a violation of any provision of Chapters 400 through 404 of this Title 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.
B. 
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).