[R.O. 2006 §405.590; CC 1985 §27-26; Ord. No. 87.28 Art. X §§A — B, 10-1-1987]
A.
There
is hereby created the position of Zoning Administrator. The City Planner
shall be the Zoning Administrator.
[Ord. No. 23.34, 5-4-2023]
B.
The
powers and duties of the Zoning Administrator shall be as follows:
1.
Issue all zoning permits and make and maintain records thereof.
2.
Conduct inspections of buildings, structures, and the use of land
to determine compliance with the terms of this Chapter.
3.
Require that all construction or work of any type be stopped when
such work is not in compliance with this Chapter.
4.
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.
5.
Maintain permanent and current records of this Article, including,
but not limited to, all maps, amendments, variances, appeals, and
applications.
6.
Provide and maintain a Public Information Bureau relative to all
matters arising out of this Chapter.
7.
Forward to the Planning Commission all applications for amendments
to this Chapter.
8.
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.
9.
Issue permits regulating the erection and use of tents for periods
not to exceed ten (10) days for specific purposes such as: temporary
carnivals, churches, charities, or charitable uses, and revival meetings,
such uses not being detrimental to the public health, safety, morals,
comfort, convenience, or general welfare; provided however, that said
tents or operations are in conformance with all other ordinances of
the City.
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
Commission not less than once a year.
[R.O. 2006 §405.600; Ord. No. 98.08 §2, 4-2-1998]
A.
There
is hereby created an Administrative Review Committee to permit a limited
degree of administrative discretion on issues of technical enforcement
of the zoning and subdivision ordinances.
The Committee shall only exercise the authority expressly granted
by this Chapter and shall consist of the Building Official, Public
Works Director and the Zoning Administrator, or their authorized representative.
[Ord. No. 13.57 §5, 9-19-2013]
B.
All
decisions and determinations of the Administrative Review Committee
must be unanimous and shall be documented in writing and included
in the project or permit file. Further, in the exercise of this authority,
the Committee may impose restrictions and conditions necessary to
achieve the intent of the regulations and may require additional plans
and documents to be filed with the project or permit file.
[R.O. 2006 §405.610; CC 1985 §27-27; Ord. No. 87.28 Art. XI §§A — B, 10-1-1987; Ord. No. 90.06 §1, 4-19-1990; Ord. No. 93.11 §1, 8-19-1993; Ord. No. 95.55 §3, 11-16-1995; Ord. No. 96.21 §3, 6-20-1996; Ord. No. 06.33 §2, 7-20-2006]
A.
The
Board of Aldermen may, from time to time, in the manner hereinafter
set forth, amend the regulations imposed in the districts created
by this Chapter, amend district boundary lines, provided that in all
amendatory ordinances adopted under the authority of this Section,
due allowance shall be made for existing conditions, the conservation
of property values, the direction of building development to the best
advantage of the entire community, and the uses to which property
devoted at the time of the adoption of such amendatory ordinances.
B.
This
Chapter shall be amended in the following manner:
1.
Amendments may be proposed by any citizen, organization or governmental
body.
2.
An application for an amendment to this Chapter shall be filed with
the Administrative Official in such form and accompanied by such information
as required by the Administrative Official. The Zoning Administrator,
upon requiring an application for amendment, shall transmit one (1)
copy of such application along with all pertinent data filed therewith,
to the following agencies and/or legal entities for their review and
written recommendations, protests and comments:
3.
A fee of two hundred dollars ($200.00) shall be paid to the City
for each application for a zoning amendment to cover the cost of advertising
and other administrative expenses involved. The Board of Aldermen,
Planning Commission and Board of Adjustment shall be exempt from this
fee.
4.
The Board of Aldermen shall hold a public hearing on each application
for an amendment at such time and place as shall be established by
the Board of Aldermen. The hearing shall be conducted and a record
of such proceedings shall be preserved in such manner, as the Board
of Aldermen shall, by rule, prescribe from time to time.
5.
Notice of time and place of such hearing shall be published at least
once in a newspaper of local distribution not less than fifteen (15)
days before such hearing. Supplemental or additional notices may be
published or distributed as the Board of Aldermen may, by rule, prescribe
from time to time.
6.
The Planning Commission shall make written findings of fact and shall
submit same together with its recommendations to the Board of Aldermen
prior to the public hearing. Where the purpose and effect of the proposed
amendment is to change the zoning classification of particular property,
the Planning Commission shall make findings based upon the evidence
presented to it in each specific case with respect to the following
matters:
a.
Relatedness of the proposed amendment to goals and outlines of the
long-range physical plan of the City.
b.
Existing uses of property within the general area of the property
in question.
c.
The zoning classification of property within the general area of
the property in question.
d.
The suitability of the property in question to the uses permitted
under the existing zoning classification.
e.
The trend of development, if any, in the general area of the property
in question, including changes, if any, which have taken place in
its present zoning classification.
7.
The Board of Aldermen shall not act upon a proposed amendment to
this Chapter until it shall have received a written report and recommendation
from the Planning Commission on the proposed amendment.
8.
The Board of Aldermen shall approve or deny the proposed amendment.
If an application for such an amendment is not acted upon by the Board
of Aldermen within a ninety (90) day period following its initial
submission, it shall be deemed to be denied.
9.
In case a protest against a revision or amendment is presented, duly
signed and acknowledged by the owners of thirty percent (30%) or more,
either of the areas of land (exclusive of streets and alleys) included
in such change, or within an area determined by lines drawn parallel
and one hundred eighty-five (185) feet distant from the boundaries
of the district proposed to be changed, such revision or amendment
shall not become effective except by the favorable vote of two-thirds
(2/3) of all of the members of the Board of Aldermen.
10.
Limitation on rehearing.
a.
No rezoning or special use application shall be accepted for a rezoning
to the same zone district or for the same special use for the same
parcel of ground or portion thereof for which a previous application
has been denied by the Board of Aldermen within one (1) year prior
to the date of filing of said application.
b.
No rezoning or special use application shall be accepted for any
parcel of ground or portion thereof during the pendency of any court
action contesting the existing zoning or any previous rezoning or
special use decision of the Board of Aldermen thereon.
c.
No rezoning or special use application shall be accepted by the Board
of Aldermen as long as there is a pending application for rezoning
of said premises before the Planning Commission or the Board of Aldermen.
However, nothing herein shall prevent amendment of a pending application
before the Planning Commission or the Board of Aldermen by the applicant,
except that an amendment requesting a new zone district shall not
be permitted.
C.
Rezoning Of "E-1", "E-2", Or "E-3" Overlay. No application for a rezoning pursuant to Sections 405.280 or 405.290 of this Chapter shall be accepted, and no rezoning pursuant to those Sections shall be approved, unless the applicant has submitted a site plan which contains the following information:
1.
A graphic layout clearly and legibly drawn on acceptable material
to a scale of no more than one (1) inch equals one hundred (100) feet.
3.
Graphic and written scale and date of preparation.
4.
Location of north, section, township and range, section lines, and
a vicinity map of the site. Applicant may submit a copy of an assessors
aerial map illustrating the subject property.
5.
Property lines and boundaries of the development with dimensions,
and the total approximate acreage encompassed thereby. The names and
addresses of all adjacent property owners shall be shown.
6.
The location and dimensions of all buildings, whether existing or
proposed and the distance from property lines therewith.
7.
The location of existing public utility easements, railroads, power
lines, culverts, drain pipes, drainage channels, flood channels, water
bodies, and irrigation ditches.
8.
The location of all entrances onto adjacent roadways, whether existing
or proposed. Include all roadway locations and dimensions, their names,
numbers, and rights-of-way.
9.
Location of all relevant easements and public improvements (i.e.,
fire hydrants, water lines, roads, etc.).
10.
Locations of any environmentally sensitive or naturally significant
areas such as desirable trees, vegetative cover, existing springs,
and other water features.
11.
Any proposed public amenities such as recreational open space, hiking/biking
trails, etc.
12.
All drainage features and any existing and proposed improvements.
13.
The location, dimensions and surface type of all parking facilities
including handicapped and loading areas, whether existing or proposed.
14.
The location, orientation, and shielding of all outdoor lighting
fixtures.
15.
The location, dimensions, materials, and colors of signs, including
the type of height of those signs.
16.
Maximum height of all buildings.
17.
Location of solid waste containers including proposed design provisions
for screening.
18.
Square footage of all buildings and structures, measured at their
greatest extent so as to include areas overhung by eaves, balconies,
decks, and other projecting features of the structure.
19.
Square footage of all paved or otherwise hard surfaced streets, parking
facilities, including curb and gutters, walks, loading areas, and
asphalt or concrete aprons for solid waste containers, signs or outdoor
mechanical equipment may be included as an attachment or included
in text or notes on the site plan.
20.
Documentation of AmerenUE approval of any improvements or structures
on the waters of Lake of the Ozarks.
21.
A list of the names and addresses of all owners of record of real
property within two hundred fifty (250) feet of the subject property.
Properties adjacent to Lake of the Ozarks shall submit names and addresses
for those owners in both directions from the property corners adjacent
to the lake and from then along the shoreline one thousand (1,000)
feet and all properties perpendicular and adjacent thereto.
22.
For requests adjacent to less intense uses or residential zones,
additional mitigative improvements are recommended and may be required
by the Planning Commission. Examples of additional measures shall
include, but not be limited to, berming, vegetative buffers, landscaping
and solid board and masonry screening.
[R.O. 2006 §405.620; CC 1985 §27-28; Ord. No. 87.28 Art. X §§C — D, 10-1-1987]
A.
No
building or other structure shall be erected, moved, added to, or
structurally altered without a permit therefore, issued by the Zoning
Administrator.
B.
No
zoning permit for alteration, repair, or construction of any building
or structure shall be issued unless the plans and specifications show
that the building or structure, and its proposed use will be in compliance
with the provisions of this Chapter.
C.
A temporary
zoning permit may be issued by the Zoning Administrator for a period
not exceeding six (6) months during alteration or construction for
partial occupancy of a building pending its completion, or for bazaars,
carnivals, and revivals, provided that such temporary permit shall
require such conditions and safeguards as will protect the safety
of the occupants and the public.
E.
Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and specifications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter and shall be punishable as provided by Section 405.730.
F.
Applications
for zoning permits shall be accompanied by a duplicate set of plans
drawn to scale with the following information indicated in order to
determine compliance with this Chapter:
1.
The shape and dimensions of the lot on which the proposed building
or use is to be erected or conducted;
2.
The location of the said lot with respect to adjacent rights-of-way;
3.
The shape, dimensions, and location of all buildings, existing and
proposed, on the said lot;
4.
The nature of the proposed use of the building or land including
extent and location of the use, on the lot;
5.
The location and dimensions of off-street parking and loading space
and the means of ingress and egress to such space; and
6.
Any other information which the Zoning Administrator may deem necessary
for consideration in enforcing the provisions of this Chapter.
G.
If
the zoning permit is denied on the basis of this Chapter, the applicant
may appeal the action of the Zoning Administrator to the Board of
Adjustment.
H.
No
building permit for alteration, repair, or construction of any building
or structure shall be issued unless the plans and specifications show
that the building or structure, and its proposed use, will be in compliance
with provisions of this Chapter and a zoning permit has been issued.
