HomeMy WebLinkAboutOrd.4567.05-05-2014BILL NO. 14-56
AN ORDINANCE AMENDING
CODE OF CAPE GIRARDEAU,
BOARD OF APPEALS
ORDINANCE NO. fj(p
CHAPTER 7 OF THE CITY
MISSOURI, RELATING TO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 7-28(7)through 7-28(12) of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 7-28 Same --Amendments
(7) Section 113.3, Qualifications, is hereby repealed
in its entirety and Appendix B Board of Appeals is
substituted in its stead.
(8) Section 8101.2 is hereby modified, changed and
amended to read as follows:
"Membership of the Board: The board of appeals shall
consist of seven (7) members who shall serve for terms
of five (5) years each and shall be appointed by
formal motion and majority action of the City Council.
Thereafter, each new member shall serve for five (5)
years or until a successor has been appointed."
(9) Section B101.2.1 is hereby modified, changed and
amended to read as follows:
"Alternate members. The City Council may appoint
two (2) alternate members who shall be called by
the board chairman to hear appeals during the
absence or disqualification of a member.
Alternate members shall possess the
qualifications required for board membership, and
shall be appointed for five (5) years or until a
successor has been appointed."
(10) Section B01.2.2. The first paragraph is hereby
modified, changed and amended to read as follows:
"Qualifications. The board of appeals shall
consist of seven (7) individuals who shall be
residents of the city, not more than two (2) from
each of the following professions or disciplines:
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Registered design professional that is a
registered architect or builder or superintendent
of building construction with at least 10 years
experience; registered design professional with
structural engineering or architectural
experience; registered design professional with
mechanical or plumbing, engineering experience or
a mechanical or plumbing contractor with 10 years
experience; registered design professional with
electrical engineering experience or an
electrical contractor with at least 10 years
experience; registered design professional with
fire protection engineering experience or a fire
protection contractor with at least 10 years
experience."
(11) Section B101.3.3, Postponed Hearing, is hereby
modified, changed and amended to read as follows:
"Postponed Hearing. When a full board is not
present to hear an appeal, either the appellant
or the appellant's representative shall have the
right to request a postponement of the hearing."
(12) Section B101.4, Board Decision, is hereby created
to read as follows:
"Board Decision. The board shall modify or
reverse the decision of the code official by a
concurring vote given by the majority of the
members present at a meeting where a quorum
exists."
is hereby repealed__in, its entirety, by enacting a new
Section 17-28 (7) through 7-28(12) in lieu thereof, in words
and figures, to read as follows:
Sec. 7-28 Same --Amendments
(7) Section 113.3, Qualifications, is hereby repealed
in its entirety and Appendix B Board of Appeals is
substituted in its stead.
(8) Section B101.2 is hereby modified, changed and
amended to read as follows:
"Membership of the Board: The board of appeals shall
consist of seven (7) members who shall serve for terms
of five (5) years each and shall be appointed by
formal motion and majority action of the City Council.
PA
Thereafter, each new member shall serve for five (5)
years or until a successor has been appointed."
(9) Section 3101.2.1 is hereby modified, changed and
amended to read as follows:
"Alternate members. The City Council may appoint
two (2) alternate members who shall be called by
the board chairman to hear appeals during the
absence or disqualification of a member.
Alternate members shall possess the
qualifications required for board membership, and
shall be appointed for five (5) years or until a
successor has been appointed."
(10) Section B01.2.2. The first paragraph is hereby
modified, changed and amended to read as follows:
"Qualifications. The board of appeals shall
consist of seven (7) individuals who shall be
residents of the city, not more than two (2) from
each of the following professions or disciplines:
Registered design professional that is a
registered architect or builder or superintendent
of building construction with at least 10 years
experience; registered design professional- with
structural engineering or architectural
experience; registered design professional with
mechanical engineering experience or a mechanical
contractor with 10 years experience; registered
design professional with electrical engineering
experience or an electrical contractor with at
least 10 years experience; registered design
professional with fire protection engineering
experience or a fire protection contractor with
at least 10 years experience. If no applications
have been received from qualified residents of
the City, then qualified applicants from Cape
Girardeau County may be considered."
(11) Section 3101.3.3, Postponed Hearing, is hereby
modified, changed and amended to read as follows:
"Postponed Hearing. When a full board is not
present to hear an appeal, either the appellant
or the appellant's representative shall have the
right to request a postponement of the hearing."
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(12) Section B101.4, Board Decision, is hereby created
to read as follows:
"Board Decision. The board shall modify or reverse the
decision of the code official by a concurring vote
given by the majority of the members present at a
meeting where a quorum exists."
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF �}jn�, 2014.
H E. Re ige , Mayor
ATTEST:
GaylL. Conrad
City lerk
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