[Ord. No. 1251 §1(301), 10-15-2002]
A.
The
Board of Aldermen shall designate an Administrative Official to administer
and enforce this Chapter. Unless otherwise provided for in this Chapter,
the Administrative Official or his/her duly designated and authorized
representative shall have the following responsibilities:
1.
Receive applications for land subdivision and platting; receive applications
for grading permits, excavation permits or other permits as required
for installation of public improvements; receive applications for
variances and appeals; and receive applications for proposed amendments
to this Chapter.
2.
Conduct inspections of installation of public infrastructure to determine
compliance with the terms of any application, permit or certificate
issued under the provisions of this Chapter.
3.
Interpret the provisions of this Chapter in connection with the above
prescribed duties.
4.
Maintain records of official actions of the Board of Aldermen and
the Planning and Zoning Commission, and the functions of City Administrative
Officials related to the administration of this Chapter.
[Ord. No. 1251 §1(302), 10-15-2002]
A.
Inspections Authorized. The Administrative Official and
his/her duly authorized representatives are authorized to make inspections
on all premises or construction or installation of public improvements
within the City limits to determine compliance with the provisions
of this Chapter. The inspector shall have the authority to enter or
conduct such inspection at any reasonable hour.
B.
Notification Required. It shall be the responsibility of
the developer, owner or person engaged in the construction work to
obtain all necessary permits and inspections. A minimum of twenty-four
(24) hours' notice shall be given to the City prior to the commencement
of any construction activity requiring inspection.
[Ord. No. 1251 §1(303), 10-15-2002]
A.
Persons Liable. Any person, firm or corporation who fails
to comply with or violates any of the provisions of this Chapter may
be held responsible for the violation and be subject to the penalties
and remedies herein provided.
B.
Stop Order. Whenever any work is being done or any building
or property is being used contrary to the provisions of this Chapter,
the inspector may order the work or use stopped and may also revoke
any permit that has been issued for said work or use. Any person,
firm, partnership or corporation who having been served with a written
order by the City to remove or cease any such violation shall be subject
to the penalties prescribed herein for each day until the violation
is remedied.
C.
Penalties.
1.
Unless otherwise specified in other provisions of this Chapter, violations
of this Chapter or failure to comply with any of its requirements
shall constitute a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00),
or by imprisonment in the County Jail for not more than one (1) year,
or by both such fine and imprisonment in the discretion of the court.
2.
Each day that any such violation continues after written notification
by the City, delivered by certified mail, that such violation exists,
shall be considered a separate offense for purposes of the penalties
and remedies specified herein.
[Ord. No. 1251 §1(304), 10-15-2002]
A.
Authority. Pursuant to the authority conferred by the laws
of the State of Missouri, the Branson West Planning and Zoning Commission
is hereby designated the duty of making determinations, investigations
and recommendations concerning the design and improvements of proposed
subdivisions and land developments. The Planning and Zoning Commission
may:
1.
Conduct studies and recommend to the Board of Aldermen plans, goals
and objectives relating to the growth, development and redevelopment
of the City.
2.
Prepare and recommend to the Board of Aldermen policies, ordinances
and administrative procedures, and other means for carrying out plans
for the City in a coordinated and efficient manner.
3.
Prepare and recommend to the Board of Aldermen regulations governing
the subdivision of land within the City, including, among other things,
requirements for the coordinated development of the City. Recommendations
may be made for the coordination of streets within subdivisions with
other existing or planned streets or with other features of the Comprehensive
Plan or Official Map; for adequate open spaces for traffic, recreation,
light and air; for distribution of population and traffic; for requirements
as to the extent and manner of installation of all utility facilities;
and recommended manner of enforcement. All recommendations shall be
in conformity with Chapter 89, RSMo.
4.
Make recommendations to the Board of Aldermen regarding the approval
or disapproval of plans and plats for land subdivision and development.
5.
Make recommendations to the Board of Aldermen regarding variances
to land subdivision and improvements.
6.
Carry out other such work and activity as may be requested by the
Board of Aldermen pursuant to Chapter 89, RSMo.
B.
Reporting. The Planning and Zoning Commission shall make
reports to the Board of Aldermen, as it may deem proper or as requested
by the Board of Aldermen, on its investigations, transactions and
recommendations, and other reports relative to its proscribed responsibilities
and authority.
[Ord. No. 1251 §1(305), 10-15-2002]
A.
Jurisdiction. The Board of Aldermen shall hear and decide:
1.
Appeals where it is alleged there is error in any order, requirement,
decision or determination made by an Administrative Official in the
interpretation of the provisions of this Chapter.
2.
Appeals of the decision of the Planning and Zoning Commission disapproving
an application for minor subdivision, application for preliminary
plat or final plat, or site plan for simple land development.
B.
When Appeals May Be Taken. Appeals may be taken by any person
aggrieved. Appeals shall be made in accordance with the following:
1.
Appeal from administrative order. An appeal of an
order, requirement, or decision of an Administrative Official must
be made within fifteen (15) working days of the date of the order
or decision appealed.
2.
Appeal from decision of Planning and Zoning Commission. An appeal of a decision of the Commission must be made within sixty
(60) working days of the date of the decision appealed.
3.
Application for appeal. An application for appeal
shall be submitted to the City on forms provided by the City Clerk.
The City Clerk shall transmit to the Board of Aldermen the notice
of appeal and all papers and materials constituting the record upon
which the action appealed was taken.
C.
Board Of Aldermen Decision On Appeal.
1.
Actions by the Board of Aldermen to reverse or modify an order or
decision of an Administrative Official shall require an affirmative
vote of not less than two-thirds (2/3) of the entire membership of
the Board.
2.
Actions of the Board of Aldermen to reverse or modify a decision of the Planning and Zoning Commission regarding disapproval of a site plan for simple land development, or disapproval of a preliminary plat or final plat shall be made in accordance with the provisions set forth in Article IV for Simple Land Development, Article V for Minor Subdivision and Article VI for Major Subdivision.
[Ord. No. 1251 §1(306), 10-15-2002]
A.
Purpose. It is the purpose of this variance procedure to
provide relief from unusual hardship, inequitable construction procedures
or improvement design standards which may be impractical for a specific
parcel of land, but do not occur in the normal subdivision and land
development process.
B.
Standards For Variance Approval. No variance shall be granted
unless it is found that:
1.
There are special and unusual conditions affecting the property such
that strict application of the regulations would deprive the owner
of reasonable use of said property, and is not the mere grant of a
privilege; and
2.
The hardship relates to the applicant's land, rather than personal
circumstances; and
3.
The hardship is not the result of actions of any person having a
vested right in the property; and
4.
The variance will not nullify the intent and purpose of the City
of Branson West Subdivision Regulations; and
5.
The granting of the variance would not be detrimental to the public
safety, convenience or welfare, or be injurious to other property
in the vicinity.
C.
Application Procedure. An application for variance shall
be submitted to the City on forms provided by the City Clerk. The
application shall indicate the specific provisions of the ordinance
from which the variance is requested and the reasons for such request.
Applications for variance may be submitted for Commission review concurrently
with the final plat for a minor subdivision, or with the preliminary
plat for a major subdivision, or with the site plan for a land development
requiring public improvements.
D.
Public Hearing On Variances. The Commission shall hold a public hearing on all applications for variances. Notice of public hearing shall be given in accordance with the provisions of Section 405.180.
E.
Decision On Variances.
1.
Commission action. Following public hearing, the Commission shall make recommendation to approve or deny the request for variance. Action on the variance shall be made concurrently with the preliminary plat, or final plat if minor subdivision. Recommendations of the Commission shall be made in accordance with the standards for variance approval established in Subsection (B). Insofar as practical, a motion to recommend approval or denial of a variance request shall include a written statement of the specific reasons or findings of fact supporting the motion. In recommending the grant of a variance, the Commission may recommend reasonable conditions to ensure that the intent of this Chapter is secured. The Commission shall transmit its recommendations to the Board of Aldermen.
F.
Variance Recording. When a variance has been approved by
the Board of Aldermen, the details of said variance shall be recorded
in the office of the Stone County Recorder of Deeds. No variance shall
be recorded, however, until a thirty (30) day period shall have passed
during which time said variance may be challenged in a court of competent
jurisdiction.
[Ord. No. 1251 §1(307), 10-15-2002]
A.
Amendments Authorized. The Board of Aldermen may from time
to time by ordinance amend, supplement, change, modify or repeal the
regulations herein or subsequently established. The Board of Aldermen
must receive the recommendation and report of the Commission before
it may take any such action.
B.
Initiation Of Amendment. Amendments may be proposed by the
Board of Aldermen, the Planning and Zoning Commission, any citizen,
property owner, or any person having an interest in property in the
City of Branson West.
C.
Application For Amendment.
1.
An application for an amendment shall be submitted to the City at
least thirty (30) working days prior to the public hearing to be held
by the Commission on the application. Applications for amendments
initiated by the Commission or the Board of Aldermen shall be accompanied
by a motion of such body pertaining to the proposed amendment.
2.
The application shall be submitted on forms provided by the City
Clerk and shall contain the name, address and telephone number of
the applicant and a description of the amendment requested.
3.
A fee as established by the Board of Aldermen shall be paid to the
City of Branson West for each application for an amendment to cover
the costs of publication of legal notices and other administrative
expenses involved. The Board of Aldermen and the Planning and Zoning
Commission shall be exempt from this fee.
D.
Commission Decision On Amendments. The Commission shall
consider proposed amendments to the Branson West subdivision regulations
at a scheduled meeting. The Commission shall make written findings
of fact on the proposed amendment and shall submit said findings together
with its recommendation to the Board of Aldermen.
E.
Board Of Aldermen Decision On Amendments. The Board of Aldermen shall take no action to adopt a proposed amendment, change, supplement or repeal to this Chapter until the recommendations of the Commission have been submitted. The Board of Aldermen shall hold a public hearing before adopting any proposed amendment, supplement, change or repeal. Notice of public hearing shall be given in accordance with the requirements of Section 405.180.
[Ord. No. 1251 §1(308), 10-15-2002]
A.
Public Hearing Notice On Variances. Notice of public hearing
before the Commission on a variance request shall be made in the following
manner:
1.
Notice of hearing shall be given by publication in a newspaper of
general circulation in the City of Branson West at least fifteen (15)
days prior to said hearing.
2.
Sending of notice by first class mail to all property owners of record
within one hundred eighty-five (185) feet of subject property. The
notice shall include:
a.
Name of the applicant.
b.
Name of the property owner, if different than the applicant.
c.
Street address or common description of the property involved.
d.
Legal description of the property involved.
e.
Concise description of the nature of the request.
f.
Date, time and place of the public hearing.
g.
Place at which further information regarding the request can be obtained.
B.
Public Hearing Notice On Amendments. Notice of public hearing
before the Board of Aldermen on proposed amendments to this Chapter
shall be given by publication in a newspaper of general circulation
in the City of Branson West at least fifteen (15) days prior to said
hearing.
C.
Party Responsible For Public Notice. The City shall be responsible
for providing notice of all hearings required pursuant to this Section.
The applicant shall be responsible for the costs incurred to provide
public notice. For public hearings on variance requests, the applicant
shall provide the City with a list of property owners' names and addresses
within one hundred eighty-five (185) feet of the subject property
that has been compiled from the records of the Stone County Assessor's
office and one (1) addressed and stamped business size envelope for
each name on the property owners' list.
D.
Substantial Compliance Of Public Notice. With respect to
the mailing of notices of public hearing, which are considered directory
and not mandatory, substantial compliance with such provisions shall
be deemed to constitute proper notice.
