[CC 1994 §41.100; Ord. No. 02.06, 4-1-2002]
A.
The
following uses shall apply in all "A" Agricultural Districts:
1.
General description. This district is intended to
provide a location for the land situated on the fringe of the urban
area within the jurisdictional limits of the City that is used for
agricultural purposes, but will be undergoing urbanization in the
foreseeable future. Therefore, the agricultural uses and activities
should not be detrimental to urban land uses. It is not intended that
this district provide a location for a lower standard of residential,
commercial or industrial development that is authorized in other districts.
The type of uses, area and intensity of use of land which is authorized
in this district is designed to encourage and protect any agricultural
uses until urbanization is warranted and the appropriate changes in
district classification are made.
3.
Uses permitted on review. The following uses may be reviewed by the Board of Adjustments pursuant to Section 400.150 (2), subject to such conditions and safeguards as they may deem appropriate.
a.
Churches or similar places of worship, with accessory structures.
b.
Public schools and institutions of higher learning.
c.
Public parks, public playgrounds, and recreational area operated
by membership organizations for the benefit of their members and not
for gain.
d.
Sign or display, not exceeding two (2) in number, advertising the
residential, commercial or industrial development of the land on which
the sign or display is situated. All signs or displays shall be removed
immediately upon completion of the development, but in no case shall
they be permitted to remain longer than one (1) year from the date
of issuance of the special permit. The type, location and lighting
of the sign or display shall be such as to not be detrimental to the
use of adjacent properties or to restrict sight distances on public
streets.
e.
A cemetery, airport, camp, or hospital.
f.
Rodeo or fairgrounds.
g.
Dog kennels.
h.
Athletic fields.
[CC 1994 §41.110; Ord. No. 02.06, 4-1-2002]
A.
Uses Permitted.
1.
Single-family dwellings, but not including mobile homes or manufactured
homes.
2.
Public schools and institutions of higher education, public libraries,
municipal buildings.
3.
Public parks, public playgrounds.
4.
Philanthropic or eleemosynary institutions other than camps, hospitals,
sanitariums, correctional institutions, or institutions for the insane.
5.
Customary home occupations, provided that there shall be no external
evidence of such occupations except a small announcement of professional
sign not over two (2) square feet in area.
6.
Churches.
7.
One (1) temporary building for uses incidental to construction work,
which buildings shall be immediately adjacent to said construction
work, which building shall be removed upon completion or abandonment
of the construction work.
8.
Other customary accessory uses and buildings, provided such uses
are incidental to the principal use and do not include any activity
commonly conducted as a business. Any accessory building shall be
located on the same lot with the principal building.
9.
Any residential home in which more than three (3) but less than eight
(8) unrelated mentally or physically handicapped persons reside; further,
and pursuant to Section 89.020.2, RSMo., such home may include two
(2) additional persons acting as houseparents or guardians who need
not be related to each other or to any of the mentally or physically
handicapped persons residing in the home; provided that the exterior
appearance of the home and property shall reasonably conform to the
exterior appearance of the other dwellings and other property in the
neighborhood; such homes shall not be located closer than one thousand
five hundred (1,500) feet to any other group home and the owner or
operator thereof shall obtain an occupancy permit from the Board of
Aldermen, which shall verify the group homes compliance with this
Code.
B.
Building Height. No building shall be erected or enlarged
to exceed two and one-half (2½) stories, excluding basement,
or thirty-five (35) feet.
C.
Required Lot Area. Every lot shall have a width of not less
than an area of not less than the following:
1.
Single-family dwelling, not served by sanitary sewer system: Three
(3) acres or as approved by the County and/or State Health Officer.
2.
Single-family dwelling, served by sanitary sewer system or with approval
of the County and/or State Health Officer: Seven thousand five hundred
(7,500) square feet.
3.
All other uses: Area and system as approved by the County Health
Officer and Board of Adjustment.
D.
Percentage Of Lot Coverage. All buildings, including accessory
buildings, shall not cover more than thirty percent (30%) of the area
of the lot; detached accessory buildings, not used as dwellings, can
be located in a rear yard and shall have clearance of at least eight
(8) feet from side to rear lot lines and may not be located within
a public easement. An accessory building attached in any structural
manner to the principal structure must conform to the side and rear
requirements for principal structures.
E.
Yard Required. Each lot shall have front, side and rear
yards not less than the depth or width following:
1.
Front yard depth twenty (20) feet. A twenty (20) foot side yard width
on a corner lot may be permitted.
2.
Each side yard width to be a minimum of ten percent (10%) of the
lot width, except that a width greater than twenty (20) feet shall
not be required.
3.
Rear yard including corner lots to be a depth of twenty-five (25)
feet.
[CC 1994 §41.120; Ord. No. 02.06, 4-1-2002]
C.
Building Height. Three (3) stories but not exceeding forty
(40) feet.
D.
Required Lot Area. No dwelling shall be established on a
lot having an area or width less than specified for single-family
residences in "R-S" districts; provided however, that each separate
development shall not exceed a density of seven (7) dwelling units
per gross acre of lot.
E.
Percentage Of Lot Coverage. All buildings, including accessory
buildings, shall not cover more than forty percent (40%) of the area
of the lot.
F.
Yard Required. Yards of the following minimum depths shall
be provided.
G.
Distance Between Buildings On Same Plot. No principal buildings
shall be closer to any other principal building than the average of
the heights of said buildings, not less than twenty (20) feet.
[CC 1994 §41.130; Ord. No. 02.06, 4-1-2002]
A.
Use Regulations. All buildings and land within an "M" district
shall be limited to the following uses:
1.
Mobile homes.
2.
Accessory buildings customarily incidental and subordinate to the
use of mobile homes. Buildings housing such facilities as laundromats,
nurseries, etc., and only when such facilities are intended for the
use of persons residing within the district.
3.
Tornado-proof storm shelter shall be provided for a minimum of three
(3) people per space/lot.
B.
Design Standards.
1.
A mobile home district shall be no less than three (3) acres in total
area.
2.
Each single-wide mobile home in a mobile home park district shall
occupy a designated paved space having at least thirty-five hundred
(3,500) square feet of lot area. Each double-wide mobile home space
shall not occupy a paved space having less than five thousand (5,000)
square feet lot area. Pads will be required.
3.
Each single-wide mobile home space shall have a width of at least
forty (40) feet. Each double-wide mobile home space shall have a width
of at least fifty (50) feet.
4.
Each mobile home space shall abut a local street within the park.
Streets shall be paved in accordance with the street standards of
the City of Oronogo, Missouri.
5.
Two (2) off-driveway parking spaces paved over on a well-compacted
subbase shall be provided for each mobile home space. Required parking
spaces may be included within the three thousand five hundred (3,500)
square feet required for each mobile home space. Double-wide shall
have five thousand (5,000) square feet.
6.
At least one thousand five hundred (1,500) square feet of gross recreation
space for each mobile home space shall be reserved within each mobile
home park as common recreation space for the residents of the park.
Such areas shall, along with driveways and walkways, be adequately
lighted for safety. At least one thousand (1,000) square feet of the
gross one thousand five hundred (1,500) square feet of recreational
space for each mobile home shall be suitable for recreational activity.
7.
No mobile home or other structure within a mobile home park shall
be closer to each other than twenty-two (22) feet, except that storage
or other auxiliary structures for the exclusive use of the mobile
home may be no closer to another mobile home than twenty (20) feet.
8.
No mobile home shall be located closer than thirty (30) feet of the
exterior boundary of the park or a bounding street right-of-way. Buildings
used for laundry or recreation purposes shall be located no closer
than forty (40) feet to the exterior boundary or the right-of-way
of a bounding street.
9.
The mobile home park district and all occupied units located in it
must be connected to public water and sewerage systems approved by
the County and/or State Department of Health.
10.
Plans must show the area to be used for the proposed mobile home
park district; the ownership and use of neighboring properties; all
proposed entrances, exits, driveways, walkways, and off-street parking
spaces; the location of mobile home spaces, recreation areas and service
buildings; the location of sanitary conveniences including toilets,
laundries, and refuse receptacles; the proposed plan of water supply,
sewage disposal and electric lighting. The Planning and Zoning Commission
shall have the authority to impose such reasonable conditions and
safeguards on the proposed development as it deems necessary for the
protection of adjoining properties and the public interest.
11.
A densely planted buffer strip, consisting of trees, shrubs, and
other plantings at least six (6) feet in height, shall be provided
along all rear and side property lines of the park. A five (5) foot
solid fence may be substituted.
12.
All corners of each mobile home shall be securely tied down to anchors
which extend at least twenty-four (24) inches below the surface of
the ground and which meet the specifications of the City Building
Code. Double-wide mobile homes shall be anchored at the center point
of the end walls also. Skirting shall also be required.
13.
Any expansion of mobile home parks in existence on the effective
date of this Chapter shall comply with the provisions of this Section.
14.
Minimum lot areas. Minimum lot areas for mobile
homes shall conform to the following standards:
|
Length of Mobile Home Unit
|
Minimum Lot Area
| |
|---|---|---|
|
Up to 40 feet
|
3,500 square feet
| |
|
40 to 50 feet
|
3,500 square feet
| |
|
50 to 60 feet
|
3,500 square feet
| |
|
Greater than 60 feet
|
5,000 square feet
|
15.
Density standard. The maximum density shall not
exceed five (5) units per gross acre, exclusive of recreational areas.
[CC 1994 §41.135; Ord. No. 02.06, 4-1-2002]
[CC 1994 §41.150; Ord. No. 02.06, 4-1-2002]
A.
This
commercial district is intended for the conduct of personal business
services and the general retail business of the community. Persons
living in the community and in the surrounding trade territory require
direct and frequent access. Traffic generated by the uses will be
primarily passenger vehicles and only those trucks and commercial
vehicles required for stocking and delivery of retail goods.
B.
Uses Permitted.
1.
Food retail stores.
2.
Drug stores.
3.
Personal service uses including shoe repair, beauty parlor, barbershop,
professional offices and clinics, but excluding abortion clinics and
massage parlors.
4.
Laundromat and dry cleaning outlets.
5.
Restaurants, lunch rooms and boarding.
6.
Hardware and household appliance sales and repair stores.
7.
Clothing and accessory goods stores.
8.
Furniture and home furnishings stores.
9.
Gift and book stores.
10.
Jewelry and watch repair stores.
11.
Sporting goods and photo supply stores.
12.
Variety stores.
13.
Financial institutions.
14.
Public recreation and assembly halls, including clubs, lodges, bowling
alleys, theaters, billiard or pool parlors.
15.
Hotels, motels and tourist homes.
16.
Newspaper plants and printing shops.
17.
Schools, public and private.
18.
Accessory wholesale and services uses necessary to convenience of
general public subject to conditions deemed appropriate by Board of
Adjustment to insure conformity to the intent of the ordinance.
19.
Any other store or shop for retail trade or for rendering personal,
professional or business service which does not produce more noise,
odor, dust, vibration, blast or traffic than those enumerated above,
excluding abortion clinics and massage parlors.
C.
No
building shall be erected or enlarged to exceed, excluding basement,
thirty-five (35) feet in height.
D.
Area Regulations.
1.
Front yard. All buildings shall be set back from
the street right-of-line to provide a front yard having not less than
thirty-five (35) feet in depth;
2.
Side yard. Side yard width shall be at least ten
(10) feet, except at least twenty (20) feet is required when adjacent
to a residential district;
3.
Rear yard. Rear yard depth shall be thirty (30)
feet; and
4.
Percentage lot coverage. All buildings, including
accessory buildings, shall not cover more than forty percent (40%)
of the lot.
E.
Parking Requirements. See supplemental regulations on off-street automobile and vehicle parking and loading, Section 405.420.
F.
Loading Zone. See supplemental regulations on off-street automobile and vehicle parking and loading, Section 405.420.
G.
Uses permitted on review by the Board of Adjustment, pursuant to Section 405.210(C), those activities that require outdoor display of good or items for the purpose of sale or purchase includes, but is not limited to, the following:
1.
Boat sales;
2.
Farm implement and machinery, sales or service;
3.
Trailer sales;
4.
Metal and wood fencing, ornamental grillwork and decorative wrought
iron work and play equipment sales;
5.
Monument sales;
6.
New and used car and truck sales;
7.
Prefabricated house sales;
8.
Multi-family and commercial storage facilities;
9.
Nursery and garden sales;
10.
Car wash;
11.
Amusement enterprises;
12.
Garages;
13.
Drive-in restaurants or theaters;
14.
Bus terminals; or
15.
Automobile service stations with underground storage tanks or above
ground storage tanks, if appropriate containment from accidents is
provided.
H.
The foregoing uses set out in Subsection (B) shall comply with the following provisions:
1.
There shall be constructed on or near the property line, or next
to the developed commercial parcel, opaque ornamental fencing or evergreen
planting, which will meet with the reasonable approval of the adjacent
residential property owner so that such material or commercial use
cannot be seen by a person standing on ground level in a residential
district when located to the side or rear of the lot on which said
open storage or display or use occurs, provided however, that screening
shall not be required in excess of eight (8) feet in height. Notwithstanding
any requirement contained herein, the abutting property owners may
agree to modify or waive the screening requirement, such writing to
be filed with the City Clerk. Unless special permission is granted
by the Board of Adjustment, such fencing or ornamental screening shall
be in place prior to the commencement of construction activities upon
the commercial lot. All planting shall be kept neatly trimmed and
fencing shall be maintained in good condition at all times and must
act as a sight barrier for the benefit of the residential district.
Merchandise and materials which are not completely assembled, or which
are not immediately and actively being offered for sale, shall, in
addition to complying with the above screening requirements, be so
screened by ornamental fencing, evergreen planting or permanent buildings
so that such material cannot be seen from a public street. The provisions
of this Section may be modified or amended by the Board of Adjustment,
whose determination shall be final.
2.
All yards unoccupied with buildings or merchandise or used as traffic
ways shall be landscaped with grass and shrubs and maintained in good
condition the year round.
3.
All of the lot used for parking of vehicles, for the storage and
display of merchandise and all driveways used for vehicle ingress
and egress shall be paved with a sealed surface pavement and maintained
in such a manner that no dust will be produced by continued use.
4.
All servicing of vehicles and assembly of equipment carried on as
an incidental part of the sales operation shall be conducted within
a completely enclosed building.
5.
Driveways used for ingress and egress shall not exceed twenty-five
(25) feet in width, exclusive of curb returns.
6.
Outdoor lighting, when provided, shall have an arrangement of reflectors
and an intensity of lighting which will not interfere with adjoining
residential areas and adjacent streets or adjoining residential areas,
and shall not be of a flashing or intermittent type.
7.
Shopping center development. Administration procedures
for shopping center development:
a.
The developer shall first make an application to the City for construction
of a shopping center under this zoning. The application shall include
the following in addition to the administrative requirements set forth
in this Chapter:
(1)
The developer shall submit site plans of the proposed development
which shall be drawn to a scale of not less than one (1) inch equals
fifty (50) feet; and which shall show the arrangement of the buildings,
design and circulation pattern of the off-street parking area, landscaped
yards, ornamental screening or fence, service courts, and utility
and drainage easements and facilities; and the relationship of the
shopping center development to adjacent areas which it may affect.
(2)
Evidence that indicates to the satisfaction of the Board of Aldermen and Planning and Zoning Commission the ability and intent of the developer to carry out the development of the shopping center in accordance with the plans submitted in accordance with Subsection (H)(7)(a)(1) above.
(3)
Development procedure. The developer shall
obtain a building permit for the shopping center in accordance with
the requirements and procedures of this Chapter, and shall begin construction
of the shopping center within one (1) year after the effective date
of approval of the application for construction of the shopping center,
and shall make a reasonable and continuous progress toward completion.
If the shopping center is not under construction within one (1) year
after the effective date of the shopping center rezoning, the Planning
and Zoning Commission shall review the status of the development,
and if it shall find that the developer cannot proceed immediately
with the development in conformity with the requirements of this Chapter,
this fact and the reasons thereof shall be reported to the Governing
Body of the City. The Board of Aldermen may, at its discretion, rezone
the shopping center district to a zoning district classification consistent
with the general plan.
b.
Review of plan change. Any substantial deviation
from the plat or building plans approved by the Commission shall constitute
a violation of the building permit authorizing construction of the
shopping center. Substantial changes in plans shall be resubmitted
to the Board of Aldermen and the Planning and Zoning Commission to
insure compliance with the requirements and purpose and intent of
this Chapter, and no building permit shall be issued for any construction
which is not in substantial conformity with the approved plan.
[CC 1994 §41.200; Ord. No. 02.06, 4-1-2002]
A.
General Description. The industrial district is intended
to provide for heavy industrial uses not otherwise provided for in
the districts established by this Chapter. The intensity of uses permitted
in this district makes it desirable that they be located downwind
and separated from residential and commercial uses whenever possible.
B.
Uses Permitted. A building or premises may be used for
any purpose not otherwise prohibited by law except that no residences,
motels, or other places of habitation involving permanent structure
are permitted nor shall any schools, churches or hospitals be permitted;
provided however, that no building or occupancy permits will be issued
for any of the following uses until and unless the location of such
use shall have been approved by the Planning and Zoning Commission:
1.
Assembly of electrical and mechanical appliances, instruments, devices
and the like.
2.
Vehicle finishing, repair and the like.
3.
Building material production, storage and sales uses.
4.
Food distribution and storage plants.
5.
Construction and agricultural equipment distribution, storage and
sales uses.
6.
Transportation storage and trucking yards.
7.
Agricultural feed and grain storage and sales.
8.
Laundry, cleaning and dyeing works.
9.
Sheet metal, plumbing and blacksmith shops.
10.
Wholesale business, storage warehouses and the like.
11.
Other uses of the same general character as those listed above which
conform to restrictions deemed appropriate by the Planning and Zoning
Commission.
12.
No building, structure, or premises shall be used and no building
or structure shall be erected or altered until and unless the following
conditions have been complied with. There shall have been filed with
the Planning and Zoning Commission a written application for approval
of a contemplated use within said district, which application shall
be accompanied with the following information:
a.
A plot plan indicating the location of present and proposed buildings,
driveways, parking lots and other necessary uses.
b.
Preliminary architectural plans for the proposed building or buildings.
c.
An estimate of the maximum number of employees contemplated for the
proposed development and the number of shifts during which they would
work.
d.
Any other information the Planning and Zoning Commission may need
to adequately consider the effect that the proposed uses may have
upon their environment and on the cost of providing municipal services
to the area. All sewage disposal systems must be approved by the County
Health Officer before a building permit is issued.
13.
Acid manufacture.
14.
Cement, lime, gypsum, or plaster of Paris manufacture.
15.
Explosives, manufacture or wholesale storage.
16.
Gas manufacture.
17.
Petroleum or its products, refining of.
18.
Wholesale or bulk storage of gasoline, propane or other petroleum
products.
C.
Uses
permitted on review by the Board of Adjustments, pursuant to Section
400.150(2):
1.
Automobile salvage or junk yard.
2.
Building materials salvage yard.
3.
Junk or salvage yard of any kind.
4.
Public or private refuse dumps, landfills.
5.
Property and buildings in the "I" district, when used for the above
purposes, shall have the uses thereon conducted in such a manner that
fences, walls, and/or permanent evergreen planting that it cannot
be seen from a public street.
D.
Area Regulations. Front yard, thirty-five (35) feet and
side yard, twenty-five (25) feet. Rear yard when a building is to
be serviced from the rear, there shall be provided an alleyway, service
court, rear yard of not less than thirty (30) feet in width to provide
for maneuver of service vehicles.
E.
Height Regulations. No building shall exceed forty (40)
feet in height.
[CC 1994 §41.210; Ord. No. 06.04, 2-13-2006]
A.
Intent And Purpose Of The District. The purpose of the "PD"
Overlay District is to provide for elements of flexibility in design,
arrangement, bulk and other considerations involved in the applicable
overlay district; to provide a framework within which the structures
and uses in the overlay district may be interrelated with adjacent
development and areas; and to maintain the desired overall intensity
of land use, desired population densities, and desired areas of open
space. The use of overlay district procedures is intended to encourage
large-scale development, efficient development of small tracts, innovative
and imaginative site planning, and conservation of resources. The
Board of Aldermen, after hearing before the Planning and Zoning Commission,
may determine or condition its approval of a development plan upon
reasonable restrictions for the good health, safety, and welfare of
the City.
B.
Use Of The Planned Overlay District.
1.
Planned developments are groupings of structures or sites that are
planned as an integrated unit or cluster on property under unified
control at the time of zoning. The sale, subdivision, or other partition
of the site after zoning approval does not exempt the project or portions
thereof from complying with the development standards and other conditions
that were committed to at the time of the rezoning. The planned development
district must always be used in conjunction with one (1) of the other
zoning districts known as the "underlying district". The requirements
of the "PD" district shall be in addition to the requirements of the
underlying district, except that the "PD" district may modify some
of the regulations of the underlying district in specific situations.
A "PD" district may be used in conjunction with any of the other zoning
districts or any combination of districts.
2.
An application of rezoning to the "PD" district shall include a preliminary
development plan and may include a concurrent request to change the
underlying zoning classification. If the rezoning is approved, the
new district shall include the designation of the underlying district
followed by "PD". For example, a planned development district of a
"C-2" district shall be known as "C-2-PD". Approval of the rezoning
based on the preliminary development plan shall allow the applicant
to submit a final development plan for approval. No structure or occupancy
permit shall be issued until a final development plan has been approved.
The use of the "PD" district shall be separate from the subdivision
regulations of the City, and the development plans required by the
"PD" district shall not be construed as plats. It is recommended that
the subdivision process follow the rezoning/preliminary plan approval,
but precede the approval of the final development plan. Resubdivision
may be a prerequisite to approval or the final development plan.
C.
Permitted Uses. Any use permitted in the underlying zone
may be permitted. The uses permitted may be voluntarily restricted
by the applicant or restricted as a condition of approval by the Board
of Aldermen.
D.
Use Regulations.
1.
The proposed development shall provide access to the major street
system in such a way that the traffic generated by the development
will not cause an unreasonably hazardous condition or inconvenience
in the area.
2.
Structures and traffic shall be arranged so that all principal structures
are accessible to emergency vehicles.
3.
Parking shall be provided in a manner which reduces to a minimum
its adverse physical impact in the area. Screening parking areas with
landscaping or walls, breaking parking areas into smaller units by
introducing landscaped areas or other physical separators is suggested
approaches. The parking areas should be appropriately spaced to serve
those units they represent.
4.
The availability of services and location of public utilities shall
have the approval of each agency involved. Evidence to this effect
shall be presented with the preliminary plans.
5.
Approval of the final development plan may be conditioned by the
Planning and Zoning Commission or Board of Aldermen to minimize any
negative impact on the community.
E.
Application For Rezoning. A petition to change to a "PD"
planned district shall be filed with the City Clerk, along with the
filing fee as set forth by separate ordinance. A preliminary development
plan shall be attached and shall include the elements set forth in
these regulations. The process for approval shall be the same as for
any rezoning as provided by these regulations.
F.
Approval Procedure. The approval by the Board of Aldermen
of the preliminary development plan and the concurrent rezoning to
the "PD" district shall be preceded by the publication and mailing
of notice, a public hearing, and a recommendation by the Planning
and Zoning Commission. If the Board of Aldermen disagrees with the
recommendation, the application shall be returned to the Planning
and Zoning Commission for reconsideration. Approval of the preliminary
development plan shall be valid for two (2) years from the date of
its date of its approval. The filing and approval of a final development
plan for any phases of the area contained in the preliminary plan
shall extend the period of validity an additional two (2) years. Once
approved, the zoning classification can only be changed through rezoning
and cannot be changed by expiration of the preliminary development
plan.
G.
Preliminary Development Plan. The preliminary development
plan shall be prepared at a scale dimension of not more than 1" =
100' and shall include:
1.
Boundaries of the project with dimensions to scale;
2.
Topographic contour intervals of two (2) feet;
3.
Proposed size, height, location, and arrangement of structures, parking
areas with proposed arrangement of stalls and number of cars, entrance
and exit driveways and their relationship to existing and/or proposed
streets;
4.
Preliminary drainage plan in sufficient detail to show direction
of flow, storm water detention facilities, if needed, and major drainage
structures;
5.
General landscape plan to include location and height of all walls,
fences, signs and screen plantings;
6.
Note provision for dedication of new or additional right-of-way,
if needed; such to be dedicated to the City prior to approval of final
development plan;
7.
Phases of final development;
8.
Name and address of owner, applicant and architectural or engineering
firm which prepared the plan;
9.
Seal of engineer or architect licensed in the State of Missouri developing
the plan, scale, north point and date of plan;
10.
A description of any limitations to be placed on the range of permitted
uses, the hours of operation, the structure materials to be used or
other similar factors; and
11.
Ten (10) copies shall be submitted.
H.
Final Development Plan.
1.
The final development plan shall be prepared in the same manner and
include the same type of information as the preliminary development
plan (updated to show final sizes, dimensions and arrangement) with
the following additions:
2.
The final development plan shall substantially conform to the approved
preliminary plan; shall be in final form for the issuance of a building
permit; shall have been previously reviewed by the City Clerk; and
shall include a construction schedule. A final approval of the Board
of Aldermen shall authorize construction to begin according to the
construction schedule providing all appropriate permits have been
received. Construction of at least the first (1st) state of development
shall begin within three (3) years from the date the ordinance of
the zoning change was published in the newspaper. If construction
does not begin within this period and no effort is made for an extension
of time by the owner, the final development plan shall be voided.
I.
Building
permits on final approval by the Board of Aldermen, the owner shall
provide five (5) copies of the approved final development plan to
the City Clerk. The City Clerk shall issue building permits only in
accordance with the approved final development plan.
J.
Amendments. If any substantial variation or rearrangement
of structures, parking areas and drives, entrances, heights, or open
spaces is requested by the applicant, the applicant shall proceed
by following the same procedure previously followed and outlined in
the preliminary development plan.
K.
Open Space. The Board of Aldermen may require the provision
of open space to buffer dissimilar uses, to protect environmentally
sensitive areas, or to counterbalance any reduction in lot area, yard
size or bulk limitations.
1.
Open space requirements. If the Board of Aldermen
requires open space, the City and the applicant shall enter into an
agreement providing for the maintenance of the open space. Such agreement
shall include provision for default, cure by the City, and enforcement.
2.
Disposition of open space. The applicant shall not
be dissolved or permitted to otherwise dispose of any open space by
sale or otherwise without first offering to dedicate the same to the
City.
L.
The
development plan process shall be required prior to any rezoning or
issuance of a building permit for other than single-family dwelling.
M.
Time Limit. A site plan approval for a "PD" district shall
expire automatically unless a building permit is taken within twelve
(12) months after the approved date for commencement to such site
plan.
