[Ord. No. 1250 §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 zoning district amendments, variances, appeals
and conditional use permits; receive applications for permits for
construction, erection, alteration, enlargement and removal of buildings,
structures and signs; receive applications for certificates of occupancy
and other permits as required by this Chapter; and receive applications
for proposed amendments to this Chapter.
2.
Conduct inspections of buildings, structures, signs, uses of any
premises 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, Planning
and Zoning Commission, Board of Zoning Adjustment and the functions
of City administrative officials related to the administration of
this Chapter.
5.
Carry out other such duties as may be prescribed by the Board of
Aldermen in administration and enforcement of this Chapter.
[Ord. No. 1250 §1(302), 10-15-2002]
A.
Inspections Authorized. The Administrative Official and
his/her duly authorized representatives are authorized to make inspections
on all buildings, structures, and premises 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 of any
building, structure or premises 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 activity requiring
inspection.
[Ord. No. 1250 §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 an offense, punishable by a fine of not less than
ten dollars ($10.00) nor 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 continues,
or by both such fine and imprisonment in the discretion of the court.
However, 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) nor more
than five hundred dollars ($500.00) for each and every day that such
violation continues, or by imprisonment for ten (10) days for each
and every day such violation continues, 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.
D.
Civil Enforcement. Any 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 this Chapter in the respect named in such
order shall also be subject to a civil penalty of two hundred fifty
dollars ($250.00). Appropriate actions and proceedings may be taken
by law or in equity pursuant to Section 89.120, RSMo., to prevent
any violation of these regulations, to prevent unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct or abate a violation, to prevent illegal
occupancy of a building, structure or land, or to prevent any illegal
conduct, business, or use in or about such premises, and these remedies
shall be in addition to the penalties described above.
[Ord. No. 1250 §1(304), 10-15-2002]
A.
Composition Of Commission. The Planning and Zoning Commission
shall be constituted in accordance with the provisions of Sections
89.070 and 89.320, RSMo. The Planning and Zoning Commission shall
consist of not more than fifteen (15) nor less than seven (7) members,
including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board of Aldermen, selected by the Board of Aldermen,
if the Board of Aldermen chooses to have a member serve on the Commission;
and
3.
Not more than fifteen (15) nor less than five (5) citizens, who shall
be residents of the City, appointed by the Mayor and approved by the
Board of Aldermen. Commission members shall serve without compensation.
B.
Period Of Appointment. The terms of each of the citizen
members shall be for four (4) years. Any vacancy in a membership shall
be filled for the unexpired term by appointment by the Mayor and approval
by the Board of Aldermen. The Board of Aldermen may remove any citizen
member for cause stated in writing and after public hearing.
C.
Officers, Rules And Meetings.
1.
The Commission shall elect a Chair and Secretary from among its citizen
members. The term of Chair and Secretary shall be for one (1) year
with eligibility for re-election.
2.
The Commission shall adopt rules and regulations governing the procedures
and operations of the Commission, not inconsistent with the provisions
of this Chapter.
3.
The Commission shall establish a regular meeting schedule and shall
meet frequently enough in order to take action in a timely manner
on matters brought before the Commission.
4.
The Commission shall conduct its meetings so as to obtain necessary
information and to promote the full and free exchange of ideas and
evidence.
5.
Minutes shall be kept of all Commission proceedings.
6.
All Planning and Zoning Commission meetings shall be open to the
public and the agenda for each meeting shall be made available in
advance of the meeting as required by law.
7.
The Commission may appoint employees or staff necessary for its work
and may contract with professional persons for services required to
carry out its duties under the provisions of this Chapter, provided
that all expenditures of the Commission, exclusive of grants and gifts,
shall be within the amounts appropriated for the purpose by the Board
of Aldermen.
D.
Power And Duties Of Planning And Zoning Commission. The
Planning and Zoning Commission shall have the following powers and
duties:
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 zoning and 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 concerning zoning amendments,
conditional uses, text amendments, and proposed Zoning Map changes.
5.
Hold public hearings on applications for zoning amendments (rezonings),
text amendments and conditional uses and make recommendations to the
Board of Aldermen regarding the approval or disapproval of such zoning
amendments, text amendments and conditional uses.
6.
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 prescribed
responsibilities and authority.
7.
Carry out other such work and activity as may be requested by the
Board of Aldermen, pursuant to Chapter 89, RSMo.
[Ord. No. 1250 §1(305), 10-15-2002]
A.
Composition Of Board Of Adjustment. The Board of Adjustment
shall be constituted in accordance with the provisions of Section
89.080, RSMo. The Board of Adjustment shall consist of five (5) members,
all of who shall be residents of the City appointed by the Mayor and
approved by the Board of Aldermen. Three (3) alternate members may
be appointed to serve in the absence or disqualification of regular
members. Members shall serve without compensation. The Board of Adjustment
shall elect a Chair, Vice Chair, and Secretary from its membership.
B.
Period Of Appointment. Members and alternates shall be appointed
for terms of five (5) years each. Any vacancy in a membership shall
be filled for the unexpired term by appointment by the Mayor and approval
by the Board of Aldermen. The Board of Aldermen may remove any member
for cause stated in writing and after public hearing.
C.
Board Of Adjustment Quorum. Four (4) members of the Board shall constitute a quorum. A member who has withdrawn from the proceedings without an excuse, as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum.
D.
Meetings Of The Board Of Adjustment.
1.
The Board of Adjustment shall adopt rules of procedure in accordance
with the provisions of Sections 89.010 to 89.170, RSMo.
2.
Meetings of the Board of Adjustment shall be held at the call of
the Chair and at such other times as a majority of the Board of Adjustment
may determine. Meetings shall be held frequently enough so that applications
and appeals may be processed expeditiously.
4.
All meetings of the Board of Adjustment shall be open to the public
and the agenda for each meeting shall be made available to the public
in advance of the meeting as required by law.
5.
The Board shall act by resolution. The Board shall keep minutes of
its proceedings, showing the vote of each member upon each question.
The minutes shall reflect if a member is absent or fails to vote.
All minutes shall be filed with the City Clerk and shall become public
record. All testimony, objections thereto and rulings thereon shall
be taken down by a reporter or by electronic recording and may be
transcribed upon request, provided that the cost of such transcription
is paid to the City Clerk at the time the request is made.
E.
Powers And Duties Of Board Of Adjustment. The Board of Adjustment
shall hear and decide:
1.
Appeals where it is alleged that there is an error in any order, decision, or interpretation made by an Administrative Official in the enforcement of the provisions of this Chapter, in accordance with the provisions of Section 400.150.
2.
Questions involving interpretations of the Zoning Map, including
disputed district boundary lines and lot lines.
3.
Requests for variances from the strict application of the provisions of this Chapter, in conformance with the provisions of Section 400.160.
4.
Any other matter the Board is required to act upon by any other City
ordinance.
F.
Board Of Adjustment Voting.
1.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Administrative Official or to decide in favor of the applicant on
any matter upon which it is required to pass including to grant any
variance.
3.
A member shall excuse himself/herself from voting on an issue if
any of the following conditions exist:
a.
The member has direct financial interest in the outcome of the issue,
or
b.
The issue involves the member's own official conduct, or
c.
Participation in the matter might violate the letter or spirit of
a member's code of professional responsibility, or
d.
A member has such close personal ties to the applicant that the member
cannot be expected to exercise sound judgment in the public interest.
4.
A member may be allowed to withdraw from the remainder of a meeting
by majority vote of the remaining members present for any good reason
other than a desire to avoid voting on matters to be considered at
the meeting.
[Ord. No. 1250 §1(306), 10-15-2002]
A.
Appeal From Administrative Order. The Board of Adjustment
shall hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an Administrative
Official in the enforcement of the applicable provisions of this Chapter.
B.
When Appeals May Be Taken. An appeal may be taken to the
Board of Adjustment by any person aggrieved, or by an officer, department,
board or agency of the City of Branson West affected by a decision
of an Administrative Official. An appeal must be made within fifteen
(15) days after the date of the decision or order appealed. Appeals
shall be taken by filing with the City Clerk a written notice of appeal
specifying the grounds for the appeal. The City Clerk shall enter
the date of filing on the notice of appeal and shall transmit to the
Chair of the Board of Adjustment the notice of appeal and all papers
and materials constituting the record upon which the action appealed
from was taken.
C.
When Appeals To Stay Proceedings. A notice of appeal properly
filed as herein provided shall stay all proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal has been filed, that by reason of acts stated in the certificate
a stay would, in the opinion of the officer, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Adjustment or by a proper court order.
D.
Hearing On Appeals. The Board of Adjustment shall hold a public hearing on all appeals. Notice of public hearing shall be made in accordance with the provisions of Section 400.220.
E.
Board Of Adjustment Decision On Appeal.
1.
With respect to appeals, a motion to reverse, affirm, or modify the
order, requirement, or decision appealed from shall include, so far
as practical, a written statement of the specific reasons or findings
of fact that support the motion. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
or decision, or to decide in favor of the applicant on any matter
upon which it is required to pass.
2.
Within thirty (30) days after the hearing on an appeal, the Board
of Adjustment shall file with the City its findings of fact and decision
with respect to the appeal. The City Clerk shall transmit by mail
a copy of the decision to the appellant and to each other person who
requests in writing to be notified.
[Ord. No. 1250 §1(307), 10-15-2002]
A.
Jurisdiction And Authority. The Board of Adjustment shall exercise the authority to vary the strict or literal terms of the provisions of this Chapter in accordance with the standards set forth in Subsection (C). A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of certain provisions of this Chapter would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship.
B.
Application For Variance. An application for a variance
shall be submitted to the Board of Adjustment by filing a copy of
the application with the City Clerk. The City Clerk shall transmit
the application and all papers and materials constituting the record
to the Board of Adjustment.
C.
Hearing On Variances. The Board of Adjustment shall hold a public hearing on all variance requests. Notice of public hearing shall be made in accordance with the provisions of Section 400.220.
D.
Authorized Variances. Variances from the regulations and
restrictions contained in this Chapter may be granted by the Board
of Adjustment in the following instances:
1.
A variance of the applicable bulk regulations for buildings and structures,
including maximum height, lot coverage, floor area ratio, required
yard areas and other required open space.
2.
A variance of the applicable minimum requirements for lot size, width
and depth and setbacks from lot lines.
3.
A variance of the applicable off-street parking and off-street loading
requirements and ratios.
4.
A variance of the applicable open space requirements.
5.
A variance of the landscaping and buffer yard requirements of this
Chapter.
E.
Standards For Grant Of Variance. The Board of Adjustment
may grant a variance if it concludes that strict enforcement of the
Chapter would result in practical difficulties or undue hardship for
the applicant and, by granting the variance, the spirit of the Chapter
will be observed, public safety and welfare will be secured, and substantial
justice will be done. The Board of Adjustment may reach these conclusions
if it finds in writing:
1.
The particular physical surroundings, shape, or topographical condition
of the specific property involved would result in undue hardship upon
the owner as distinguished from a mere inconvenience if the strict
letter of the regulations were carried out;
2.
The conditions of which the applicant complains is one suffered by
the applicant, and would not be applicable to other property in the
same zoning classification;
3.
The property in question cannot yield a reasonable return or the
applicant cannot make reasonable use of his/her property if strict
compliance with the regulations is required;
4.
The hardship relates to the applicant's land, rather than personal
circumstances;
5.
The alleged hardship has not been created by any person presently
having an interest in the property;
6.
The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the area
in which the property is located; and
7.
The variance will not nullify the intent and purpose of the Branson
West Zoning Regulations and the Branson West Comprehensive Plan.
F.
Board Of Adjustment Decision On Variances.
1.
With respect to variances, the Board of Adjustment shall take a separate vote on each of the seven (7) required findings stated in Subsection (E). The affirmative vote of four (4) members of the Board shall be required on each separate finding. Insofar as is practical, a motion to make an affirmative finding on each of the requirements shall include a written statement of the specific reasons or findings of fact supporting the motion.
2.
A motion to deny a variance may be made on the basis that any one (1) or more of the seven (7) requirements set forth in Subsection (E) are not satisfied or that the application is incomplete. Such motion, insofar as is practical, shall include a written statement of the specific reasons or findings of fact that support the motion. A motion to deny a variance is adopted as the Board of Adjustment's decision if supported by more than one (1) affirmative vote.
3.
In granting a variance, the Board of Adjustment may impose such reasonable
conditions to ensure that the use of the property to which the variance
applies will be as compatible as practical with surrounding properties.
4.
A variance may be issued for a specified or indefinite duration.
5.
The nature of the variance shall be entered upon the permit. All
such conditions are enforceable in the same manner as any applicable
requirement of this Chapter.
[Ord. No. 1250 §1(308), 10-15-2002]
When an appeal or variance request is taken to the Board of Adjustment in accordance with Section 400.150 or Section 400.160, the Administrative Official shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant who shall also have the burden of persuasion.
[Ord. No. 1250 §1(309), 10-15-2002]
No appeal, request or variance application to the Board of Adjustment
shall be allowed with respect to the same parcel of land, building,
or structure prior to the expiration of six (6) months from the date
of the ruling of the Board unless a substantial change of circumstances
or conditions can be demonstrated by the applicant.
[Ord. No. 1250 §1(310), 10-15-2002]
Whenever the Board of Adjustment shall have acted upon an appeal,
request or variance, the Board shall cause its order granting or denying
said appeal or application to be recorded in the records of the Stone
County Recorder of Deeds, however, no order shall be recorded until
the order has become final by the passage of thirty (30) days from
the date said order is filed with the City Clerk without an action
being filed in a court of competent jurisdiction challenging the issuance
of said order or until a court of competent jurisdiction upholds said
order if it is challenged within the thirty (30) day period.
[Ord. No. 1250 §1(311), 10-15-2002]
Any person aggrieved by any decision of the Board of Adjustment
made under the provisions of this Article may seek judicial review
of such decision in accordance with the provisions of Section 89.110,
RSMo.
[Ord. No. 1250 §1(312), 10-15-2002]
A.
Amendments Authorized. The Board of Aldermen may from time
to time by ordinance amend, supplement, change, modify or repeal the
boundaries of the zoning districts or 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, or by any person
owning or having an interest in property in the City of Branson West.
If the Board of Aldermen initiates an amendment, the Board's proposal
shall be transmitted to the Commission for the Commission's report
and recommendation.
C.
Application For Amendment. An application for an amendment,
along with pertinent data and information as may be required by the
Commission, shall be submitted to the Commission 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.
The application shall be submitted on forms provided by the
City Clerk and shall contain the following information, dependent
on the type of amendment requested:
1.
For changes in the zoning district classification (rezoning).
a.
Applicant's name, address, phone number and interest in the property.
b.
Owner's name, address and phone number, and if different than the
applicant, the owner's signed consent to the filing of the application
and authorization for the applicant to act on the owner's behalf.
c.
The street address of such property, and if there is no street address,
a sufficient description of the location of said property to enable
the ordinary person to determine its location.
d.
Legal description of the property proposed for rezoning.
e.
The current zoning classification of the property and current use
of the property.
f.
The amendment or zoning classification requested.
g.
The names and addresses, provided on business size envelopes and
on a list, of all property owners within one hundred eighty-five (185)
feet of the subject property. The names and addresses shall be compiled
from the records of the Stone County Assessor's office.
h.
Such additional information that the Commission may, by rule, require.
2.
For text amendments.
a.
The name, address and phone number of the applicant.
b.
The Section of the text of the ordinance proposed to be amended.
c.
The wording of the proposed amendment.
d.
An identification of any property owned, controlled or occupied by
the applicant that would be benefited by the proposed amendment.
e.
An explanation of the extent to which other properties in the City
that are subject to the regulations proposed to be amended would be
affected by the proposed amendment.
D.
Actions By The Commission.
1.
Public hearing. The Commission shall hold a public hearing on all proposed changes in zoning district classifications or the text of this Chapter. Notice of public hearing shall be provided in accordance with the requirements of Section 400.220. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.
2.
Commission recommendations. Within thirty (30) days
after the public hearing, except when the applicant requests the amendment
be tabled, the Commission shall make one (1) of the following recommendations
in connection with the proposed change in zoning district classification
or the text of this Chapter:
a.
Recommend against the proposed change in zoning district classification
or the text of the Chapter;
b.
Recommend a change in the zoning district classification or the text
of this Chapter;
c.
Recommend a change in the zoning district classification or the text
of this Chapter together with recommendations which, in the judgment
of the Commission, will protect adjacent or other affected property
and ensure that the proposed amendment is consistent with the intent
of this Chapter and the Branson West Comprehensive Plan.
3.
Report of action taken. The Commission shall make
written findings of fact on the proposed amendment and shall submit
the same together with its recommendations to the Board of Aldermen.
The Commission shall not, however, forward its recommendations to
the Board of Aldermen when at the meeting before the Commission the
applicant or his/her agent did not appear and present evidence in
regard to the applicant's request for the amendment.
E.
Actions Of The Board Of Aldermen.
1.
Report from Commission. The Board of Aldermen shall
take no action on a proposed amendment until the report and recommendation
of the Commission has been submitted. The Board of Aldermen shall
not consider any zoning classification for a property in cases which
involve a change from an existing zoning classification to another
other than the zoning classification requested in the amendment application
or the zoning classification expressly stated as considered by the
motion of the Commission in its written report to the Board of Aldermen.
If the applicant files a written request with the City Clerk prior
to the final action of the Board of Aldermen stating that the applicant
will pay the fees set forth for a zoning amendment application, then
the Board of Aldermen may consider such different zoning classification
only after referring the written request to the Commission for new
public hearing and after receipt of the Commission's written report
and decision.
2.
Limitations on rezoning applications. No application
for rezoning of any tract, lot or parcel of land shall be allowed
prior to the expiration of six (6) months from the time the Board
of Aldermen shall have finally acted on any application for rezoning
of all or any part of the same lot, tract or parcel, unless the application
previously acted upon was initiated by the Commission or the Board
of Aldermen, or unless the applicant can demonstrate substantial change
in condition that should warrant consideration of a new application.
3.
Protest petitions. In case of a protest against
a rezoning amendment duly signed and acknowledged by the owners of
thirty percent (30%) or more, either of the areas of the land (exclusive
of streets and alleys) included in such proposed change or within
an area determined by lines drawn parallel to and one hundred eighty-five
(185) feet from the boundaries of the district proposed to be changed,
then the favorable vote of two-thirds (2/3) of all the members of
the Board of Aldermen shall be required for the amendment to be enacted.
[Ord. No. 1250 §1(313), 10-15-2002]
A.
Board Of Adjustment Hearings. Notice of public hearing before
the Board of Adjustment on any request, appeal or variance shall be
in accordance with the following requirements:
1.
Notice of public 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.
Notice of public hearing shall be posted in two (2) conspicuous places
on the subject property at least ten (10) days prior to the hearing
date.
3.
Notice of public hearing shall be provided by first class mail to
the record owners of property within one hundred eighty-five (185)
feet of the subject property.
B.
Planning And Zoning Commission Hearings.
1.
Rezonings and conditional use permits. Notice of
public hearing before the Commission on any rezoning application or
conditional use permit application shall be in accordance with the
following requirements:
a.
Notice of public 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.
b.
Notice of public hearing shall be posted in two (2) conspicuous places
on the subject property at least ten (10) days prior to the hearing
date.
c.
Notice of public hearing shall be provided by first class mail to
the record owners of property within one hundred eighty-five (185)
feet of the subject property.
2.
Text amendments. Notice of public hearing before
the Commission on any amendment to the text of this Chapter shall
be given by publication of notice in a newspaper of general circulation
in the City of Branson West at least fifteen (15) days prior to said
hearing.
C.
Contents Of Public Hearing Notices. All notices of public
hearing required by this Section shall include the following information:
1.
Street address or common description of the subject property.
2.
Legal description of the subject property (not required for text
amendments).
3.
Concise description of the nature of the request.
4.
Date, time and place of the public hearing.
5.
Place at which further information regarding the request can be obtained.
D.
Party Responsible For Public Notice. The City shall be responsible
for providing notice of all hearings required pursuant to this Section.
Where notice by first class mail to property owners of record is required,
the applicant shall provide the City with:
1.
A list of said property owners and addresses that has been compiled
from the records of the Stone County Assessor's office, and
2.
One (1) addressed and stamped business size envelope for each name
on the property owner's list. The applicant shall be responsible for
the costs incurred to provide public notice.
E.
Substantial Compliance Of Public Notice. With respect to
the mailing and posting of notices of public hearing, which are considered
directory and not mandatory, substantial compliance with such provisions
shall be deemed to constitute proper notice.
[Ord. No. 1250 §1(314), 10-15-2002]
A.
Purpose. The conditional use permit procedure is intended
to provide the Planning and Zoning Commission and the Board of Aldermen
with discretionary review of requests to establish or construct uses
or structures which may be necessary or desirable in a zoning district,
but which may have the potential for negative or deleterious impact
on the health, safety and welfare of the public. The purpose of the
review is to determine whether the proposed location of the use or
structure is appropriate and whether it will be designed, located
and operated so as to avoid, minimize or mitigate adverse impacts
upon the community and other properties in the vicinity. The Board
of Aldermen may impose conditions upon such uses and structures that
are intended to avoid, minimize or mitigate adverse impacts upon the
community and other properties in the vicinity. The Board of Aldermen
may deny requests for a conditional use permit when it is evident
that a proposed use or structure will or may cause harm to the community
or injury to the value, lawful use and reasonable enjoyment of other
properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission
may recommend, and the Board of Aldermen may authorize, the establishment
of those conditional uses that are expressly permitted as a conditional
use in a particular zoning district. No conditional use shall be authorized
unless such conditional use to be granted complies with all of the
applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for
conditional use permit containing the following information shall
be filed with the City Clerk:
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address, or common description, and legal description of the
property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Subsection (G) of this Section.
7.
Statement identifying any potentially adverse effects and how the
proposed conditional use will be designed, arranged and operated in
order to ensure that the conditional use will not cause harm to the
community and that the value, use and reasonable enjoyment of property
in the vicinity will not be adversely affected.
9.
Any additional information as may be required in accordance with
the requirements of the zoning district in which the conditional use
is proposed to be located.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 400.220.
2.
Upon conclusion of the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize, or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the Board of Aldermen within thirty (30) days of the Commissions decision.
E.
Board Of Aldermen Action On Conditional Use Permit. The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission, or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize, or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within six (6) months from the date of approval by the Board of Aldermen, or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started, or if an occupancy permit is obtained and the conditional use is commenced. The Board of Aldermen may grant one (1) additional extension of time not exceeding six (6) months without notice. Requests for time extension shall be made by filing an application with the City Clerk before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Subsection (C) through Subsection (E).
G.
Conditional Use Standards. A conditional use permit shall
be granted only if evidence is presented at the public hearings that
the conditional use will comply, to the extent applicable, with the
following standards:
1.
The conditional use will be consistent with the policies and intent
of the Branson West Zoning Regulations.
2.
The conditional use will not increase flood or water damage hazard
to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound
levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed
and provided to prevent traffic hazards and to minimize traffic congestion
at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional
use is or will be adequate for traffic reasonably expected to be generated
by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use
will not adversely affect the character of the neighborhood, and if
such lights will be visible from a residential district, measures
to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect
upon the use or enjoyment of adjacent and nearby property or conditions
affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so
as not to interfere with the development and use of adjacent property
in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring
a conditional use permit, the structure shall meet all fire, health,
building, plumbing and electrical requirements of the City of Branson
West.
10.
The conditional use otherwise complies with all applicable regulations
of this Chapter.
H.
Conditional Use Permits For Towers.
1.
Purpose. The purpose of these restrictions is to:
a.
Minimize the adverse effects of towers on aesthetic and property
values through careful design, siting and vegetative screening;
b.
Avoid potential damage to adjacent properties from tower failure
and falling ice through engineering and careful siting of tower structures;
c.
Lessen traffic impacts on local streets; and
d.
Maximize use of existing towers to reduce the number of towers needed.
2.
Applicability. In addition to the provisions and
restrictions listed above for a conditional use permit, the following
requirements for conditional use permit shall also apply to all zoning
districts where towers are permitted as a conditional use and to all
zoning districts where towers are permitted as a principal or accessory
use where:
4.
Approval standards. All applications for a conditional
use permit for a tower shall comply with the following requirements.
Site includes all property described by the legal description submitted
with the conditional use permit application and may be only part of
a larger parcel.
a.
Structures shall be set back from adjoining residential-zoned property,
public property or streets sufficient to:
(1)
Contain on-site substantially all ice-fall or debris from tower
failure;
(2)
Preserve the privacy of adjoining residential-zoned property.
The site is of sufficient size to comply with this standard if:
(a)
Accessory structures comply with the setback standards in the
zoning district;
(b)
The tower base is set back from adjoining residential-zoned
property, public property or a street by a distance equal to fifty
percent (50%) of the height of the tower up to one hundred (100) feet,
plus one (1) foot for each foot over one hundred (100) feet in height,
unless the tower is designed for collocation of at least two (2) additional
carriers in which case the setbacks for structures in the zoning district
where the tower is located shall be complied with, or the distance
between the tower base and guy wire anchors, whichever is greater;
(c)
The tower is set back from adjoining land in other districts
by the rear yard setback required in the adjoining district;
(d)
Guy wire anchors are set back at least twenty-five (25) feet
from an adjoining residential-zoned property, public property or a
street; and
(e)
Guy wire anchors are set back at least the rear yard setback
from adjoining land in other districts.
b.
Setback requirements for towers shall be measured from the center
of the tower to the property line of the parcel on which it is located.
The tower shall be set back from other on- and off-site towers and
supporting structures far enough so one tower will not strike another
tower or support structure if a tower or support structure fails.
c.
The tower shall have the least practicable adverse visual effect
on the environment.
d.
Existing on-site trees and shrubs shall be preserved to the maximum
extent practicable.
e.
Traffic associated with the facility shall not adversely affect adjoining
streets. Vehicular access shall be limited to a major street if the
site adjoins both a major and local street.
f.
Adequate off-street parking shall be provided to accommodate workers,
employees, invitees, and others who may be on location on account
of the location of the tower.
g.
The applicant shall demonstrate that the planned equipment cannot
be accommodated on an existing or approved tower or location.
5.
Application contents. An application for approval of a conditional use permit for a new tower shall include the following in addition to the application requirements of Subsection (C):
a.
A site plan drawn to scale and identifying the site boundary; tower(s);
guy wire anchors; existing and proposed structures; vehicular parking
and access; existing vegetation to be retained, removed, or replaced;
and uses, structures, and land use designations on the site and adjoining
parcels;
b.
A plan drawn to scale showing proposed landscaping, including species
type, size, spacing and other features; and
c.
Evidence that the planned transmission facilities cannot be accommodated
on an existing or approved tower and that the planned tower cannot
be accommodated on an existing or approved tower site. The Commission
may consider expert testimony to determine whether other towers or
sites could accommodate the planned facilities and whether fees and
costs associated with the use of an existing or planned tower or site
is reasonable.
6.
Conflict with FCC or FAA regulations. In the event
there is a conflict between these regulations and Federal Communications
Commission (FCC) or Federal Aviation Administration (FAA) regulations,
the FCC or FAA regulations shall govern.
[Ord. No. 1250 §1(315), 10-15-2002]
A.
Building Permit. It shall be unlawful to start the construction
of a new building, structure, or sign, or the enlargement or structural
alteration of an existing building, structure, or sign, without first
applying for and receiving a zoning certificate and a building permit
from the City. No building permit shall be issued unless the Building
Inspector has reviewed the plot plan or site plan if required, and
has certified that such plans are in compliance with all applicable
provisions of this Chapter.
B.
Zoning Certificate. It is the purpose of the zoning certificate
to provide official certification of the zoning of a particular property
on the date the zoning certificate is issued. The City Clerk or duly
authorized representative shall have the authority to issue zoning
certificates.
1.
Application procedure.
a.
Applications for zoning certificates shall be submitted in duplicate
to the City Clerk. All applications shall be accompanied by a plot
plan showing the dimensions of the lot and the placement of the structure
on the lot, or if otherwise required by this Chapter, a site plan
in accordance with this Article.
b.
Upon review and approval of the plans, one (1) copy of the plans
shall be returned to the applicant along with such zoning certificate
as may be granted.
2.
Effect of issuance. The issuance of a zoning certificate
provides information necessary for the filing and processing of applications
for any additional permits and approvals which may be required by
the City including, but not limited to, building permit, certificate
of occupancy, business license, home occupation, or tower license.
C.
Certificate Of Occupancy.
1.
Purpose. Inspection of completed premises and issuance
of a certificate of occupancy shall be required before commencement
of use or occupancy to ensure that the premises are in compliance
with all applicable provisions of this Chapter. A certificate of occupancy
shall be obtained prior to:
2.
Application procedure. Application for certificate of occupancy shall be submitted to the City Clerk. All applications shall be accompanied by a plot plan containing information as specified in Section 400.250, or if otherwise required by this Chapter, a site plan in accordance with Section 400.260. Following the submission of an application for certificate of occupancy, the inspector shall cause the building or structure to be inspected, if necessary, and shall certify to the City that one (1) of the following actions be taken:
a.
If all work has been completed and the building, structure or premises
is in compliance with all applicable provisions of this Chapter and
the provisions of other applicable City codes, the certificate of
occupancy shall be approved. The certificate of occupancy shall be
issued within five (5) working days of receipt of report from the
inspector.
b.
If all work has not been completed or the structure, building or
premises is not in compliance with the applicable provisions of this
Chapter and other City codes, written notice shall be made to the
applicant informing the reasons why the certificate of occupancy cannot
be issued, citing either the City codes or other work that must be
completed.
D.
Grading/Excavation Permit.
1.
Permit required. A grading permit is required before
any person shall engage in any excavation, grading, dislocation or
relocation of any material in connection with any construction, development,
or alteration of land, structures, utilities or public improvements
within the City limits. Any such excavation, grading, dislocation
or relocation of material for which a grading permit is required shall
be in compliance with the requirements of City Code and the applicable
provisions of the City of Branson West Design Standards for Public
Improvements.
2.
Exemptions. The following construction is exempt
from the grading permit requirements:
a.
Grading for single-family or duplex residence construction in platted
subdivisions where approved sediment and erosion controls have been
constructed.
b.
Construction sites that have received an individual storm water discharge
permit or water quality certification from the Missouri Department
of Natural Resources in accordance with the Clean Water Act.
c.
The following activities, provided they are not located within twenty-five
(25) feet of a spring, sinkhole, wetland, or watercourse:
(1)
Gardening or landscaping normally associated with single-family
residences which cover less than one-half (½) acre.
(2)
Grading and repair of existing roads or driveways, unless otherwise
required by the Branson West Design Standards for Public Improvements.
(3)
Cleaning and routine maintenance of roadside ditches or utilities.
(4)
Utility construction where the actual trench width is two (2)
feet or less.
d.
Emergency construction required to repair or replace roads, utilities
or other improvements affecting the general health, safety and welfare
of the citizens. In such event, the company or utility conducting
the emergency repair shall notify the City within twenty-four (24)
hours of the repair work.
E.
Sign Permit.
1.
Sign permit required. Except as otherwise provided in Article X, Signs, no sign shall be erected, moved, enlarged, illuminated or substantially altered without first obtaining a sign permit for each sign. Sign permits shall not be required for routine maintenance, repainting, or changing the message on a sign.
2.
In the case of a lot occupied or intended to be occupied by multiple
businesses, such as a shopping center, sign permits shall be issued
in the name of the lot owner or authorized agent rather than in the
name of the individual business. The City shall be responsible for
enforcing only the provisions of this Article, and not the provisions
of any private allocation formula, lease or restriction.
3.
Sign permit applications. Application for a sign
permit shall be made to the City of Branson West upon application
forms provided by the City. The applicant shall submit all such information
necessary to determine compliance with all appropriate regulations
and laws of the City of Branson West, including, but not limited to,
the following:
a.
Name, address and business license number of applicant.
b.
Name and address of sign owner.
c.
Name and address of the owner and the occupant of the premises where
the sign is to be located.
d.
Legible drawings with description showing precise location of the
sign and all other existing signs on the same premise; drawings showing
dimensions, construction supports, sizes, materials of the sign, method
of attachment and character of structural members to which the sign
will be attached.
4.
Issuance of permit, denial or revocation. Upon review
by the Administrative Official, the City shall issue a sign permit
when the application therefore has been properly made and the proposed
sign complies with all appropriate regulations. The City may suspend,
deny or revoke a permit whenever the permit is issued on the basis
of misstatement of fact, fraud or non-compliance with this Article.
When a sign permit is denied, revoked or suspended, the City shall
give written notice to the applicant, along with a written statement
of the reason for the denial.
F.
Utility Installation Permit And Notification. Unless otherwise
required to obtain a grading or excavation permit for the installation
of underground telephone, cable, electric or other similar utility
service, all utility service providers shall be required to obtain
a utility installation permit for installation of said service facilities
within the City limits of Branson West. Application for such permit
shall be made to the City Clerk and shall require that a minimum of
forty-eight (48) hours' notification be given to the City prior to
the commencement of installation or construction. However, in the
case of emergency repairs necessary to prevent loss or damage to persons
or property, the service provider may proceed without a permit, subject
to notifying the City within twenty-four (24) hours of such repair
work.
[Ord. No. 6-2015, 5-12-2015]
A.
APPLICANT
RELATED PERSON OR ENTITY
(i)
(ii)
(iii)
RELEVANT LAW
(i)
(ii)
(iii)
Definitions. For the purposes
of this Section, the following terms shall have the following meanings:
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity requesting any City permit, license, franchise or other
approval.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%),
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title, or other ownership
interest in the applicant of at least twenty percent (20%), or
An individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
leasehold interest, familial relationship or in any other manner.
Any Statute or regulation of the United States or the State
of Missouri,
Any ordinance or Code Section of the City, or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority, of the City, or
Any final judgment or order of any court of competent jurisdiction,
when a Statute, ordinance, Code Section, rule, regulation, notice,
condition, term, order or judgment at issue regulates conduct or conditions
germane to the issuance of the requested permit or other approval
as provided by the applicable building, land development and zoning
ordinances of the City.
B.
Withholding Acceptance Of Permit Applications. In enforcing or administering
the ordinances of the City, no permit or approval relating to building,
construction, subdivisions or zoning shall be accepted for processing
if submitted by any applicant.
1.
Who is charged with, or in violation of, any relevant law, or
2.
Who is related to or associated with a related person or entity
who has been given notice of or is charged with, or in violation of,
any relevant law, until such time as the applicant or the related
person or entity resolves the pending notice of violation or charge
or comes into compliance with the relevant law.
3.
The reviewing or enforcement officer may refuse to accept the
refiling of a denied application for one (1) year from the date of
the denial unless the officer finds that the application has been
substantially revised, or that substantial new facts or change in
circumstances warrant reapplication.
4.
Any aggrieved applicant may appeal the decision of the reviewing
or enforcement officer to the Board of Aldermen within five (5) business
days of said decision, which will review the matter at a regularly
scheduled meeting of the Board of Aldermen within forty-five (45)
days of submittal of the appeal. Notice of appeal shall be delivered
to the City Clerk.
5.
The Board of Aldermen may reverse or modify the decision of
the reviewing or enforcement officer provided the applicant:
a.
Establishes a good-faith effort to effect compliance with this Section
and any relevant law, or if applicable, an inability to do so because
of the ownership structure of any pertinent related entity, or
b.
Establishes that the applicant has not been charged with, or is not
in violation of, any relevant law.
C.
Forms. The Board of Aldermen hereby authorizes the City Administrator,
City Clerk and City Attorney to revise or prepare application forms,
so that an applicant's statement of compliance with governing law
is included. In addition, the City Attorney is instructed to prepare
a form for applicants to use for giving notice of appeal.
[Ord. No. 1250 §1(316), 10-15-2002]
All applications for zoning certificates or certificates of
occupancy, with the exception of applications which require a site
plan, shall be accompanied by a plot plan, drawn to scale, which shows
the following information: Dimensions of the lot to be built upon
or used; dimensions of the building or structure to be erected in
area and height; and location on the lot; and any other information
as may be necessary to determine compliance with the provisions of
this Chapter. In addition, all buildings or structures to be erected
shall be staked out on the site.
[Ord. No. 1250 §1(317), 10-15-2002]
A.
Applicability. Site plans prepared and approved in accordance
with the provisions of this Chapter are required to assist City Administrative
Officials in assuring compliance with all applicable requirements
of this Chapter and to assist in the review of building permits. Whenever
a site plan is required by this Chapter, a building permit shall not
be issued until the site plan is approved.
C.
Exemptions. The following uses and activities shall be exempt
from the requirements of this Section:
1.
Construction of or additions to single-family or duplex dwellings
on a lot of record.
2.
Construction of or addition to any permitted accessory use to a single-family
or duplex dwelling on a lot of record.
3.
Remodeling of a building or structure if no enlargement or expansion
is involved.
4.
Any temporary use permitted by this Chapter.
D.
Site Plan Application.
1.
Minor or major site plan determination. The site
plan application shall be either for minor site plan approval or major
site plan approval. A minor site plan shall be required for proposed
development on existing platted lots of record that do not require
the extension or construction of public improvements to the site.
In all other situations where a site plan is required, a major site
plan shall be submitted.
2.
Pre-application conference. Although not required,
it is recommended that the applicant request a pre-application conference
with the City to determine that a minor site plan application is appropriate
for the proposed development and to assist the applicant in ensuring
conformity with the requirements of the site plan application.
3.
Site plan contents. The site plan submitted should
provide sufficient information to determine whether the proposed development
is in compliance with these regulations. The site plan shall include
the following information:
a.
Minor site plan. Three (3) copies shall be submitted.
(1)
The name and address of the applicant.
(2)
The owner's name and address, including trustees, and, if different
from the applicant, the owner's signed consent to the filing of the
application and authorization for the applicant to act in his/her
behalf.
(3)
Date of application submittal.
(4)
Street address or common description of the property.
(5)
The proposed use or uses and a general description of the proposed
development.
(6)
A legal description and a survey, certified by a registered
land surveyor, showing property boundary lines and dimensions; and
all easements, roadways, rail lines, and public rights-of-way, any
part of which cross or are adjacent to, and affect, the subject property;
and that all necessary easements can be obtained.
(7)
An approximate north arrow and scale.
(8)
The zoning classification and present use, if any, of the subject
property.
(9)
The general location and approximate dimensions of all vehicular
and pedestrian circulation elements, including streets, driveways,
entrances, curb cuts, parking and loading areas, and sidewalks, including
slope and gradient of vehicular elements.
(10)
The location and size of existing public water and sewer utilities
on and adjacent to the site; and location of fire hydrants.
(11)
The location, designation and total area of all usable open
space.
(12)
Location, size, use and arrangement of all proposed buildings
and computations showing height in stories and feet, floor/area ratio,
total floor area, total square feet of ground area coverage of proposed
and existing buildings which will remain, if any, and building separations.
(13)
All existing or other drainage facilities, including size and
dimensions of flow.
(14)
The location, size and arrangement of all proposed outdoor signs.
(15)
A landscaping plan, including bufferyard plan if applicable, in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
(16)
A soil erosion control plan for the period during which construction
will be taking place and after construction is complete.
(17)
Any other information that may be required by the City to determine
that the application is in compliance with this Chapter.
b.
Major site plan. Eight (8) copies shall be submitted.
(1)
The name and address of the applicant.
(2)
The owner's name and address, including trustees, and, if different
from the applicant, the owner's signed consent to the filing of the
application and authorization for the applicant to act in his/her
behalf.
(3)
Date of application submittal.
(4)
Street address or common description of the property.
(5)
The proposed use or uses and a general description of the proposed
development.
(6)
A legal description and a survey, certified by a registered
land surveyor, showing property boundary lines and dimensions; and
all easements, roadways, rail lines, and public rights-of-way, any
part of which cross or are adjacent to, and affect, the subject property;
and that all necessary easements can be obtained.
(7)
An approximate north arrow and scale.
(8)
The zoning classification and present use, if any, of the subject
property.
(9)
The general location and approximate dimensions of all vehicular
and pedestrian circulation elements, including streets, driveways,
entrances, curb cuts, parking and loading areas, and sidewalks, including
slope and gradient of vehicular elements.
(10)
The location and size of existing and proposed public water
and sewer utilities on and adjacent to the site; and location of fire
hydrants.
(11)
The location, designation and total area of all usable open
space.
(12)
Location, size, use and arrangement of all proposed buildings
and computations showing height in stories and feet, floor/area ratio,
total floor area, total square feet of ground area coverage of proposed
and existing buildings which will remain, if any, and building separations.
(13)
All existing and proposed storm sewers or other drainage facilities,
including size and dimensions of flow.
(14)
The location, size and arrangement of all proposed outdoor signs.
(15)
A landscaping plan, including bufferyard plan if applicable, in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
(16)
A soil erosion control plan for the period during which construction
will be taking place and after construction is complete.
(17)
In the case of any use for which a conditional use permit has
been granted, any information necessary to demonstrate compliance
with all conditions imposed by the conditional use permit.
(18)
Any other information that may be required by the City to determine
that the application is in compliance with this Chapter.
E.
Minor Site Plan Review Process.
1.
The minor site plan application shall be reviewed by the Administrative Official designated by the City within thirty (30) days of application, or such longer time as may be agreed to by the applicant. The City shall review the site plan to determine compliance with the applicable regulations of this Chapter and the standards established in Subsection (H). Upon completion of review, the City shall approve the site plan, approve the site plan subject to specific modifications, or decline to approve the site plan.
2.
The City shall return one (1) copy of the site plan to the applicant,
indicating the determination made and any modifications necessary.
If the City takes no action within the thirty (30) days specified,
the site plan shall be deemed to be approved.
3.
If the City declines to approve the site plan or if it approves the
site plan subject to certain modifications that are not acceptable
to the applicant, the applicant may request review and determination
by the Planning and Zoning Commission. The applicant shall submit
a written request for review by the Commission within fifteen (15)
days of decision by the City Administrative Official. The Commission
shall have forty-five (45) days from the date of the applicant's request
to make a determination. The actions of the Commission shall be final.
F.
Major Site Plan Review Process.
1.
Commission review. The Commission shall review all
major site plan applications. The application for major site plan
review shall be submitted no less than fifteen (15) working days prior
to the Commission meeting at which the site plan will be considered.
The City Clerk will transmit the site plan to the City Engineer or
other Administrative Official for review and recommendations prior
to the scheduled Commission meeting.
2.
Commission action on site plan. The Commission shall review the site plan and shall make its determination based on the standards for site plan review in accordance with Subsection (H). The Commission may approve the site plan, approve the site plan subject to specific modifications, or disapprove the site plan. The Commission shall have sixty (60) days to take action on the site plan. If no action is taken within the sixty (60) day time period, the site plan shall be deemed to be approved. Except where any other provision of this Chapter may require Board of Aldermen review of the site plan, the decision of the Commission is final.
G.
Effect Of Site Plan Approval. Approval of the site plan,
or of the site plan with modifications acceptable to the applicant,
shall authorize the continued processing of applications for any further
permits which may be required by this Chapter or any other ordinances
of the City, including approvals such as a building permit, a certificate
of occupancy or a conditional use permit. A site plan approval shall
be valid for a period no longer than eighteen (18) months from the
date of approval unless a building permit is issued and construction
begun within the eighteen (18) month period.
H.
Site Plan Review Standards. Site plans shall be reviewed
and approved unless it is found in writing that:
1.
The site plan application indicates violations of any applicable
provisions of this Chapter, which the applicant has, after written
request, failed or refused to correct.
2.
The site plan will result in unauthorized encroachment on an easement,
roadway, utility or public or private right-of-way.
3.
In the case of a site plan submitted in conjunction with an approved
development plan, conditional use permit, planned unit development,
or any other specific development standards, the site plan does not
adequately meet the specified standards.
4.
The proposed site plan does or will create specific drainage or erosion
problems.
5.
If a bufferyard is required, the bufferyard plan for the site does
not, or will not, adequately shield the proposed use from adjacent
uses which may not be compatible with the proposed use.
6.
The circulation elements of the site plan, including road and pedestrian
circulation elements, will create hazards to safety on or off the
site, uncoordinated pedestrian or vehicular circulation paths on or
off the site, or result in undue interference or inconvenience to
vehicular or pedestrian travel.
[Ord. No. 1252 §1, 10-15-2002]
A.
Fee Schedule.
|
Type of Application
|
Processing Fee
| ||
|---|---|---|---|
|
Zoning Services
| |||
|
Zoning application
|
$75.00*
| ||
|
Planned development
|
$100.00* ***
| ||
|
Conditional use permit
|
$100.00*
| ||
|
Text amendments to zoning regulations
|
$50.00*
| ||
|
Board of Zoning Adjustment
| |||
|
Appeal
|
$75.00*
| ||
|
Variance
|
$75.00* **
| ||
|
Site plan review
| |||
|
Minor site plan review
|
$50.00
| ||
|
Major site plan review
|
$100.00***
| ||
|
Sign permit
|
$30.00
| ||
|
Temporary use permit
|
$30.00
| ||
|
Zoning certificate
|
$2.00
| ||
|
Certificate of occupancy
|
$2.00
| ||
|
Subdivision Services
| |||
|
Vacation of street, alley or subdivision plat
|
$100.00**
| ||
|
Minor subdivision plat
|
$100.00** ***
| ||
|
Major subdivision
| |||
|
Preliminary plat
|
$100.00***
| ||
|
Final plat
|
$150.00 per phase** ***
| ||
|
Subdivision plat appeal to Board of Aldermen
|
$50.00
| ||
|
Subdivision variance
| |||
|
Submitted with preliminary plat
|
No fee
| ||
|
Submitted independent of preliminary plat
|
$50.00
| ||
|
Subdivision regulations amendment
|
$50.00*
| ||
|
Copies of Documents/Regulations
| |||
|
Zoning regulations
|
$15.00
| ||
|
Subdivision regulations
|
$5.00
| ||
|
Design standards for public improvements
|
$10.00
| ||
|
*
|
Advertising and notification fees for public hearings are extra
and will be billed to applicant by the City.
| |
|
**
|
Recording fees are extra and will be billed to the applicant
by the City.
| |
|
***
|
Engineering and inspection fees are extra. Applicant is responsible
for costs of City engineering review of the plats, construction plans
and City inspections. Applicant shall submit five hundred dollars
($500.00) deposit for engineering review at time of application. If
estimated fee is inadequate to cover actual costs, applicant shall
pay additional cost for review.
|
B.
Applicant
shall submit five hundred dollars ($500.00) deposit for inspection
services at time of submittal of construction plans. If estimated
fee is inadequate to cover actual costs, applicant shall pay additional
costs for inspections.
C.
If
actual costs for engineering review or inspection services are less
than the initial deposits, the remaining balance will be refunded
by the City to the applicant.
