[R.O. 2009 § 425.010; Ord. No. 782 § 1 (Sub. Regs. Art. 10), 7-31-1980]
A. Procedure. The purpose of this guide is
to set forth a step-by-step procedure for the implementation and administration
of the City's development regulations. Included are instructions for
adopting and amending both the Zoning and Subdivision Regulations,
as well as sample forms for each type of request that will be processed
by the Zoning Administrator in day-to-day duties.
State Statute controls the procedures
to a great degree and thus it is important that this Section be reviewed
and updated annually so that it remains in conformance with statutory
requirements.
B. Administration.
1.
Definitions.
a.
For the purpose of the Zoning and
Subdivision Regulations, the term "Commission" shall mean the Planning
and Zoning Commission.
b.
For the purpose of the Zoning and
Subdivision Regulations, the term "City" shall mean the City of Bolivar,
Missouri.
c.
For the purpose of the Zoning and
Subdivision Regulations, the term "Governing Body" shall mean the
Board of Aldermen for the City of Bolivar, Missouri.
2.
Purpose Of Zoning Regulations.
a.
The purpose of Zoning and Subdivision
Regulations is not to unreasonably or arbitrarily limit or prohibit
development, but to guide development in an orderly and coordinated
manner so as to enhance the livability of the City and protect property
values, all in the best interests of the public welfare and safety.
These regulations do not unreasonably or arbitrarily restrict the
development or use of property within the City, but they are intended
to prevent development and use of property in a manner that would
adversely affect adjacent property or that would be a detriment to
the public welfare or safety.
b.
The degree or effectiveness of the
zoning and subdivision regulations is defined upon the caliber of
administration. The best regulations are ineffective in themselves
and can only perform their function through proper application. In
order for the regulations to be effective, they must be equitable
and, in order to be equitable, they must be interpreted and administered
in a fair and consistent manner.
c.
In setting forth these regulations,
the Commission and the Governing Body have taken into consideration
that one (1) extremely important function that the Planning and Zoning
Department should perform is the preparation of reports on proposed
zoning amendments, applications for zoning changes, variances, special
uses, preliminary plats and other similar requests. Providing for
a process that helps the Planning and Zoning Department in presenting
those facts necessary for determination in a concise manner (which
is a large part of what these regulations are intended to do) will
place the Commission and Governing Body in a better position to arrive
at a determination when planning and zoning matters are placed before
them.
C. Zoning Adoption Procedure.
1.
The Commission shall make or cause
to be made surveys and studies of the existing conditions and probable
future growth of the City and shall adopt a development and land use
plan by resolution as a part of the City's Comprehensive Plan. This
plan shall be prepared and adopted pursuant to the authority and restrictions
of Sections 89.340 through 89.360, RSMo. (as now stated or as hereinafter
amended), including the satisfaction of any public hearing requirements
necessitated in compliance with said Statutes.
2.
Sections 89.020 to 89.060, RSMo.,
authorize the Governing Body to adopt zoning regulations by ordinance
and to define the area to be governed by these regulations. The steps,
which must be followed for adoption, are as follows:
a.
The Commission shall study and review
the proposed regulations and zoning districts and, upon completion
of its review, shall make tentative recommendations based on the land
use plan or the land use studies or surveys outlined above.
b.
The Commission shall hold a public
hearing on the tentative recommendations. The Planning and Zoning
Department shall be responsible for having a notice of public hearing
published in a newspaper of general circulation in the City at least
fifteen (15) days before the hearing. The notice shall fix the time
and place for the hearing and shall describe in general terms the
regulations and zoning district proposed.
c.
The public hearing may be adjourned
from time to time and at the conclusion of the hearing, the Commission
shall prepare its recommendations and, by an affirmative vote of the
majority of all the members of the Commission, adopt them in the form
of a proposed zoning regulation. The proposed regulation, together
with an accurate written summary of the public hearing, shall be sent
to the Governing Body of the City.
d.
The Governing Body may either approve
the recommendations or approve with amendments by adoption of the
zoning regulation or deny the recommendations.
The zoning regulation shall define
the boundaries of the zoning districts by description or by indicating
the boundaries on a map incorporated and published as a part of the
regulation or by providing for the incorporation by reference of an
official map, which shall show the district boundaries. Such map shall
be marked "Official Copy Incorporated by Ordinance No._________".
The official Zoning Map shall be filed in the office of the City Clerk
and shall be open to inspection by the public at all reasonable business
hours.
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ZONING TEXT AMENDMENT
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D. Zoning Text Amendment Procedure. Proposals
for an amendment of the text of a zoning regulation are customarily
initiated by either the Commission or the Governing Body. However,
a private citizen may also begin the amendment process by submitting
the proposed change to the Commission. The procedure for either approval
or denial of such proposals for amendment are outlined below.
1.
If the change is initiated by a private
citizen, the Commission shall permit the individual to present the
proposed amendment and the reasons for it at a regular meeting of
the Commission. Based on the information presented at such meeting,
the Commission shall determine whether the proposal is worthy of consideration
as an amendment. If it is determined that the proposal has merit,
the Commission shall set a date for a public hearing. The Planning
and Zoning Department shall be responsible for having an official
notice of public hearing published in a newspaper of general circulation
at least fifteen (15) days prior to the hearing. This notice shall
fix the time and place of the hearing and describe in general terms
the proposed change. At the public hearing, citizens and parties of
interest shall have an opportunity to be heard.
2.
If either the Commission or the Governing
Body initiates the text amendment, a public hearing shall be scheduled
by the Commission. The Planning and Zoning Department shall be responsible
for having an official notice of public hearing published in a newspaper
of general circulation at least fifteen (15) days prior to the hearing.
This notice shall fix the time and place of the hearing and describe
in general terms the proposed change. At the public hearing, citizens
and parties of interest shall have an opportunity to be heard.
3.
The public hearing may be adjourned
from time to time and upon its conclusion, the Commission shall prepare
and adopt its recommendation to the Governing Body. This recommendation
shall be submitted along with an accurate record of the public hearing.
For action on zoning amendments, a quorum of the Commission must be
present. A quorum is more than one-half (1/2) the total membership
of the Commission. A vote either for or against an amendment by a
majority of the quorum constitutes a recommendation of the Commission.
When neither a vote for nor a vote against the amendment has a majority
of the quorum, it constitutes a "failure to recommend." Consequently,
another recommendation must be made.
Protest petitions will be available
in the planning and zoning office and must be filed within three (3)
working days after the conclusion of the public hearing by the Commission.
The petitions must be signed by all owners, including a spouse in
jointly owned property, notarized and submitted within the three-day
period in order to be valid. A sample form is included as part of
this manual. In computing the protest area, it should be pointed out
that the requirement is a protest by the owners of thirty percent
(30%) or more of the land area to be affected by the proposed change
and not thirty percent (30%) of the total number of owners; and that
area devoted to public streets and rights-of-way is excluded from
the computations. Protests or proposed zoning changes are allowed
pursuant to Section 89.060, RSMo.
4.
The Governing Body shall consider
the proposed amendment, although not until the three-day protest period
has expired, and may approve the recommendation of the Commission
or take whatever action it deems necessary. If an adequate number
of protest petitions has been filed, the change can be approved only
by at least a two-thirds (2/3) vote of all the members of the Governing
Body pursuant to Section 89.060, RSMo. If the Governing Body approves
the requested change, it shall adopt an ordinance to that effect.
ZONING DISTRICT CHANGE
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E. Zoning District Change Procedure. The Governing
Body, Commission or the owner of the property affected may initiate
a proposal to rezone a district.
1.
The applicant shall first obtain
the proper application form from the office of the Zoning Administrator
(located within City Hall for the City of Bolivar) and receive a complete
explanation of its requirements. The applicant may wish to discuss
various zoning options and requirements for the property in question
with the Zoning Administrator.
2.
The rezoning application form must
be completely filled out and returned to the office of the Zoning
Administrator with the appropriate filing fee. Also required is a
copy of a recorded warranty deed showing the current owner of the
property in question and an ownership list obtained from a registered
abstractor, title company or from current County records containing
the names and mailing addresses of the owners of all property within
a 185-foot radius of, and including, the property for which the zoning
change is requested.
An application shall not be scheduled
for public hearing until the application form has been fully completed,
the fee paid and all required information submitted.
3.
The Commission shall hold a public
hearing at which time citizens and parties of interest shall have
a opportunity to be heard. The Planning and Zoning Department shall
be responsible for having an official notice of public hearing published
in a newspaper of general circulation at least fifteen (15) days before
the hearing. This notice shall state the time and place of the hearing
and shall describe generally the change requested. A written notice
shall also be mailed to each property owner within a 185-foot radius
of the property in question at least fifteen (15) days prior to the
public hearing. This notice shall also notify surrounding property
owners of their right to file protest petitions and shall explain
the protest procedure.
4.
The public hearing may be adjourned
from time to time. After adjournment, the Commission shall prepare
and adopt its recommendation to the Governing Body. This recommendation
shall be submitted along with an accurate record of the public hearing.
For action on zoning amendments, a quorum of the Commission must be
present. A quorum is more than one-half (1/2) of the total membership
of the Planning Commission. When neither a vote for nor a vote against
the rezoning has a majority of the quorum, it constitutes a "failure
to recommend." Consequently, another recommendation must be made.
Protest petitions will be available
in the planning and zoning office and must be filed within three (3)
working days after the conclusion of the public hearing by the Commission.
The petitions must be signed by all owners, including a spouse in
jointly owned property, notarized and submitted within the three (3)
day period in order to be valid. A sample form is included as part
of this manual. In computing the protest area, it should be pointed out
that the requirement is a protest by the owners of thirty percent
(30%) or more of the land area to be affected by the proposed change
and not thirty percent (30%) of the total number of owners; and that
area devoted to public streets and rights-of-way is excluded from
the computations. Protests or proposed zoning changes are allowed
pursuant to Section 89.060, RSMo.
5.
The Governing Body shall consider
the application for rezoning, although not until the three-day protest
period has expired, and may approve the recommendation of the Commission
or take whatever action it deems necessary. If an adequate number
of protest petitions have been filed, the change can be approved only
by as least a two-thirds (2/3) vote of all the members of Governing
Body pursuant to Section 89.060, RSMo.
If the Governing Body approves the
requested change, it shall adopt an ordinance to that effect. If the
official Zoning Map has been adopted by reference, the amending ordinance
shall define the change of boundary and shall order the official Zoning
Map to be similarly amended.
[R.O. 2009 § 425.020; Ord. No. 782 § 1 (Sub. Regs. Topic Adoption of
Subdivision Regulations), 7-31-1980]
A. Subdivision Adoption Procedure. Section
89.410, RSMo., authorizes the Governing Body to adopt Subdivision
Regulations by ordinance. The steps, which must be followed for adoption,
are listed below:
1.
The Planning and Zoning Commission
shall prepare or cause to be prepared a set of proposed regulations
governing the subdivision of land. The Commission may also prepare
proposed amendments to such regulations when required.
2.
After preparing the proposed regulations
governing the subdivision of land (or proposed amendments thereto),
the Commission shall hold a public hearing on the proposed subdivision
regulations (or any subsequent amendments thereto). The Secretary
of the Commission shall be responsible for having a notice of the
public hearing published in a newspaper of general circulation in
the City at least fifteen (15) days before the hearing. The notice
shall fix the time and place for the hearing and shall describe in
general terms the regulations proposed.
3.
The public hearing may be adjourned
from time to time and at the conclusion of the hearing, the Commission
shall prepare its recommendations and, by an affirmative vote of the
majority of all the members of the Commission, adopt them in the form
of Proposed Subdivision Regulations. The proposed regulations, together
with an accurate written summary of the public hearing, shall be forwarded
to the Governing Body.
4.
After a second duly advertised public
hearing, the Governing Body may:
a.
Approve the recommendations of the
Commission;
b.
Approve the recommendations contingent
upon the satisfaction of certain conditions;
c.
Deny the recommendations; or
d.
Take other action deemed necessary.
AMENDMENT TO SUBDIVISION REGULATIONS
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B. Subdivision Regulations Amendment Procedure.
Proposals for an amendment of the text of the Subdivision Regulations
are customarily initiated by either the Commission or the Governing
Body. However, a private citizen may initiate the amendment process
by submitting a proposed change to the Commission. The procedures
for either approval or denial of such proposals are outlined below.
1.
If a private citizen requests the
change, the Commission shall permit the individual to present the
proposed amendment and the reasons for it at a regular meeting of
the Commission. Based on the information presented at the meeting,
the Commission shall determine whether the proposal is worthy of consideration
as an amendment. If it is determined that the proposal has merit,
the Commission shall set a date for the public hearing. The Planning
and Zoning Department shall be responsible for having an official
notice of public hearing published in a newspaper of general circulation
at least fifteen (15) days prior to the hearing. This notice shall
fix the time and place of the hearing and describe in general terms
the proposed change. At the public hearing, citizens and parties of
interest shall have an opportunity to be heard.
2.
If either the Commission or the Governing
Body initiates the text amendment, a public hearing shall be scheduled
by the Commission. The Planning and Zoning Department shall be responsible
for having an official notice of public hearing published in a newspaper
of general circulation of least fifteen (15) days prior to the hearing.
This notice shall fix the time and place of the hearing and describe
in general terms the proposed change. At the public hearing, citizens
and parties of interest shall have an opportunity to be heard.
3.
The public hearing may be adjourned
from time to time and upon its conclusion, the Commission shall prepare
and adopt its recommendation to the Governing Body. This recommendation
shall be submitted along with an accurate record of the public hearing.
For action on subdivision amendments, a quorum of the Commission must
be present. A quorum is more than one-half (1/2) the total membership
of the Commission. A vote either for or against an amendment by a
majority of the quorum constitutes a recommendation of the Commission.
When neither a vote for nor a vote against the amendment has a majority
of the quorum, it constitutes a "failure to recommend." Consequently,
another recommendation must be made.
4.
After a second duly advertised public
hearing, the Governing Body may:
a.
Approve the recommendations of the
Commission;
b.
Approve the recommendations contingent
upon the satisfaction of certain conditions;
c.
Deny the recommendations; or
d.
Take other action deemed appropriate.
SUBDIVISION PLAT APPROVAL
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C. Preliminary And Final Plat Approval Procedure.
All subdivision of land within the jurisdiction of the Subdivision
Regulations must follow the procedures outlined below with certain
exceptions. Any change of boundary that does not create an additional
lot or any division of land for agricultural purposes into parcels
of five (5) acres or more and does not create the need for a new street
is exempt from the Subdivision Regulations.
1.
The applicant shall meet with the
Zoning Administrator and receive an explanation for the subdivision
procedure and its requirements, information on the current zoning
of the property in question and an application form for subdivision
plat approval.
2.
The application form shall be completely
filled out and returned to the office of the Zoning Administrator,
along with the appropriate filing fee and any required supplemental
information. The materials outlined above must be received by the
office of the Zoning Administrator no later than twenty (20) days
before the next Planning and Zoning Commission meeting in which the
applicant would like approval of the plat to be considered. As a part
of the application, thirteen (13) copies of a preliminary plat conforming
to the requirements of the Subdivision Regulations and a vicinity
map showing the location of the proposed subdivision are required.
An application shall not be processed until it has been fully completed,
the appropriate fee paid and all required information submitted according
to the deadlines of the Planning and Zoning Department.
3.
The Planning Commission, based on
the standards set out in the Subdivision Regulations, may approve,
approve conditionally or disapprove the preliminary plat.
4.
Upon approval or conditional approval
of the preliminary plat, the applicant shall submit the final plat
application form, along with the appropriate fee and any required supplemental
information. Included as part of the application shall be the original
plat, thirteen (13) copies of the final plat plus one (1) reduced
copy (11 by 14 inches) prepared in accordance with the Subdivision
Regulations. In addition, two (2) copies of the constructions plans
shall be submitted with the final plat application.
5.
The Planning Commission shall review
the final plat and based on the approved preliminary plat and the
standards set out in the Subdivision Regulations, adopt a recommendation
to the Governing Body for approval, approval with conditions or denial.
A recommendation must be made by a majority of the quorum of the Commission.
6.
The Governing Body shall consider
the final plat and may:
b.
Approve the plat contingent upon
the satisfaction of certain conditions;
d.
Take other action as deemed appropriate.
[R.O. 2009 § 425.030; Ord. No. 782 § 1 (Sub. Regs. Topic Board of Adjustment), 7-31-1980]
A. Authority And Limitations. The Board of
Adjustment is composed of a group of five (5) citizens appointed by
the Mayor and approved by the Governing Body. The Planning and Zoning
Department shall keep all minutes and records of the Board's actions.
B. It is the responsibility of the Board of
Adjustment to act under the following circumstances:
1.
Appeals. Where it is alleged there
is an error in any order, requirement, decision or determination made
by an administrative official in the enforcement of Sections 89.010
– 89.140, RSMo. (as now stated or hereinafter amended), or of
any ordinance adopted pursuant to such Statutes;
2.
Variances. Where an applicant feels
that he/she should be allowed to exceed the physical restrictions
of the zoning regulations because of special circumstances or undue
hardship unique to applicant's property;
3.
Special Uses. Where an applicant
wishes to develop a special use that is specifically listed as permitted
if certain conditions (such as fencing or minimum lot size) were fulfilled;
or
4.
To hear and decide all matters referred
to it or upon which it is required to pass under such ordinance.
C. The Board of Adjustment is a judicial body.
If they deem it necessary, they may call in witnesses or subpoena
evidence to aid them in making their decision. They may not act in
an "arbitrary or capricious" manner, meaning that their decisions
must be consistent and based on sound reasoning. Decisions of the
Board of Adjustment are subject to review in the Circuit Court of
the County where the City is located.
D. Appeal Of Administrative Decision (Interpretation).
APPEAL OF ADMINISTRATIVE DECISION
(INTERPRETATION)
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E. Appeal Procedure.
1.
When an applicant does not agree
with an administrative officer's interpretation of the Zoning regulations,
that interpretation may be appealed to the Board of Adjustment. Appeals
to the Board of Adjustment may be taken by:
b.
By any neighborhood organization
as defined in Section 32.105, RSMo., representing such person; or
c.
By any officer, department, board
or bureau of the municipality affected by any decision of the administrative
officer. The scope of the Board of Adjustment's review will be as
defined in Sections 89.080 – 89.110, RSMo., as now stated or
as hereinafter amended from time to time.
2.
The applicant shall first meet with
the Zoning Administrator and receive a full explanation of the zoning
requirement in question as currently interpreted. If an appeal is
to be made, an application shall be obtained.
3.
The applicant shall file a completed
application with the office of the Zoning Administrator and pay the
appropriate fee. The application shall include an explanation of the
decision being appealed and a statement of the reasons for the appeal.
Where applicable, drawings or a list of property owners within one
hundred eighty-five (185) feet of the property in question may be
required.
An application shall not be processed
unless it has been completed, the fee paid and all required information
submitted.
4.
The Zoning Administrator shall then
schedule a regular meeting of the Board of Adjustment and send copies
of the application to Board members. Twenty (20) days prior the Board
meeting, an official notice to the public shall be published in an
newspaper of general circulation in the City explaining the appeal
and the time and place of the scheduled hearing. A copy of the notice
shall be mailed to each party of interest and to the Planning Commission.
5.
At their scheduled meeting, the Board
shall hear facts and testimony from all parties wishing to be heard
concerning the appeal. The appeal must be heard by the Board within
a reasonable period of time from the application and fee submittal
and a written decision must be rendered without unreasonable delay.
6.
The Board of Adjustment may either
affirm, reverse or modify the order, requirement or interpretation
of the Zoning Administrator. In order to reverse or modify, however,
requires a favorable vote of at least four (4) of the five (5) Board
members. The determination, in written form, shall be sent to all
affected parties including the Planning Commission. The Planning and Zoning Department shall keep minutes
of the public meeting, including evidence presented during the proceedings
and the findings of the Board.
G. Variance Procedure.
1.
When an applicant feels that the
strict application of the requirements of the zoning regulations would
create an undue hardship upon him, he/she may request a variance from
these requirements from the Board of Adjustment. The Board must base
its decision on factual evidence and not the personal opinion of the
applicant, neighbors or others. The request for a variance shall be
based on a conflict between the restrictions on the development of
the property due to the zoning regulations and the restrictions on
the development of the property due to its physical characteristics.
A variance shall be issued only to the specific restrictions on physical
construction and not to the list of permissible land uses within a
given zone.
2.
The applicant shall first meet with
the Zoning Administrator and receive a complete explanation of the
zoning requirements in question, the variance procedure and an application
form.
3.
The applicant shall submit a completed
application form and pay the appropriate fee. As a part of the application, two (2) copies of a sketch
map shall be submitted showing proposed and existing structures and
uses on the property for which the variance is being requested and
on immediately adjacent properties. A list of property owners within
one hundred eighty-five (185) feet of the property in question is
also required.
An application shall not be scheduled
for public hearing until the application form it has be fully completed,
the fee paid and all required information submitted.
4.
The Zoning Administrator shall then
schedule a regular meeting of the Board of Adjustment and send copies
of the application to Board members. Twenty (20) days before the Board
meeting, an official notice to the public shall be published in a
newspaper of general circulation in the City explaining the variance
request and the time and place of the scheduled hearing. A copy of
the notice shall be mailed to each party of interest and to the Planning
Commission.
5.
At the scheduled meeting, the Board
shall hear all facts and testimony from all parties wishing to be
heard, concerning the requested variance. In each case, the Board
shall not grant a variance unless it finds, based on the evidence
presented, facts which lead conclusively to all of the following findings:
a.
Uniqueness. The variance requested
arises from conditions, which are unique to the property in question,
which are not ordinarily found in the same zoning district and which
are not caused by actions of the property owners or applicant. Such
conditions include the peculiar physical surroundings, shape or topographical
conditions of the specific property involved which would result in
a practical difficulty or unnecessary hardship for the applicant,
as distinguished from a mere inconvenience, if the requested variance
was not granted.
b.
Adjacent Property. The granting of
the variance will not be materially detrimental or adversely affect
the rights of adjacent property owners or residents.
c.
Hardship. The strict application
of the provisions of the zoning regulations from which a variance
is requested will constitute an unnecessary hardship upon the applicant.
Although the desire to increase the profitability of the property
may be an indicator of hardship, it shall not be a sufficient reason
by itself to justify the variance.
d.
Public Interest. The variance desired
will not adversely affect the public health, safety, morals, order,
convenience or general welfare of the community. The proposed variance
shall not impair an adequate supply of light or air to adjacent property,
substantially increase the congestion in the public streets, increase
the danger of fire, endanger the public safety or substantially diminish
or impair property values within the neighborhood.
e.
Spirit And Intent. Granting the requested
variance will not be opposed to the general spirit and intent of the
zoning regulations.
6.
The Board of Adjustment may grant,
grant conditionally or deny the application for a variance. In order
to grant a variance, at least four (4) of the five (5) Board members
must vote for the variance. The Board's determination, in writing,
shall be sent to all affected parties including the Planning Commission. The Planning and Zoning Department shall keep minutes
of the public meeting, including evidence during the proceedings and
the findings of the Board.
H. Special Use (Exception).
SPECIAL USE
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I. Special Use Procedure.
[Ord. No. 3763, 8-9-2022]
1.
Certain uses or exceptions are specifically
permitted in particular zoning districts, but only when a special
use permit has been obtained from the Board of Adjustment. These uses
require special study with respect to specific location and design
considerations to ensure that they will have minimal negative impact
on surrounding properties.
a.
The applicant shall first meet with
the Zoning Administrator and receive a full explanation of the zoning
and special use requirements and a special use application form.
b.
The applicant shall submit a completed
application form and pay the appropriate fee. The application shall include a plan showing existing
and proposed driveways and other information that would be helpful
to the Board in their deliberations. The application shall include
statements explaining how the proposed special use would accomplish
the fourteen (14) objectives listed below.
2.
An application shall not be processed
unless it has been fully completed, the fee paid and all required
information submitted.
3.
The Zoning Administrator shall then
schedule a regular meeting of the Board of Adjustment and send copies
of the application to Board members. Twenty (20) days before the Board
meeting, an official notice to the public shall be published in a
newspaper of general circulation in the City explaining the special
use request and the time and place of the scheduled meeting. A copy
of the notice shall be mailed to each party of interest and to the
Planning Commission.
a.
At the scheduled meeting, the Board
shall hear all facts and testimony from all parties wishing to be
heard concerning the requested special use permit. In order to grant
a special use permit, the Board of Adjustment must find that all the
conditions listed under that use in the zoning regulations, have been
met. They must also find that any other precautions necessary have
been taken to make the proposed use compatible with the uses surrounding
the special use request. The final determination of the Board shall
take into consideration the following objectives:
(1) The stability and integrity
of the various zoning districts.
(2) Conservation of property
values.
(3) Protection against fire
and casualties.
(4)
Observations of general Police regulations.
(5) Prevention of traffic
congestion.
(6) Promotion of traffic
safety and the orderly parking of motor vehicles.
(7) Promotion of the safety
of individuals and property.
(8) Provision of adequate
light and air.
(9) Prevention of overcrowding
and excessive intensity of land use.
(10) Provision for public
utilities and schools.
(11) Invasion by inappropriate
uses.
(12) Value, type and character
of existing or authorized improvements and land uses.
(13) Encouragement of improvements
and land uses in keeping with overall planning.
(14)
Provision for orderly and proper urban renewal, development
and growth.
4.
The Board of Adjustment may grant,
grant conditionally or deny the application for a special use permit.
In order to grant the special use permit, at least four (4) of the
five (5) Board members must vote favorably on the request. The Board's
determination, in writing, shall be sent to all affected parties including
the Planning Commission. The Planning and Zoning Department shall keep minutes
of the public meeting, including evidence presented during the proceedings
and the findings of the Board. To ensure completion of conditions,
the Board may require a performance bond. A time limit may be placed
as a condition of approval to provide a periodic review of the special
use.