[R.O. 2017 § 400.120; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Administration Authority. The Board of
Aldermen shall designate an Administrative Official(s) 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 changes
(rezonings), variances and appeals; receive applications and issue
zoning permits, occupancy permits, sign permits and other permits
as required by this Chapter; receive applications for amendments to
this Chapter.
2.
Conduct inspections of buildings,
structures and uses of any premises to determine compliance with the
terms of any application, permit or work conducted under the provisions
of this Chapter.
3.
Interpret the provisions of this
Chapter in connection with the above-prescribed duties and other duties
as may be prescribed by the Board of Aldermen in administration of
this Chapter.
4.
Maintain records of official actions
of the Board of Aldermen, the Planning and Zoning Commission and the
actions and functions of City administrative officials related to
the administration of this Chapter.
B.
Inspection And Right Of Entry.
1.
Inspections Authorized. The Administrative
Official and his/her duly authorized representatives are authorized
to make inspections on all buildings, structures, premises or construction
within the City limits to determine compliance with the requirements
of this Chapter. The inspector shall have the authority to enter or
conduct such inspection at any reasonable hour.
2.
Notification Required For Inspections.
It shall be the responsibility of the property owner or person engaged
in the construction, installation or repair of any structure, building
or premises to obtain all necessary permits and inspections. Unless
otherwise specified under other provisions of this Chapter, a minimum
of forty-eight (48) hours' notice shall be given to the City prior
to the commencement of any construction, installation or repair activity
requiring inspection.
[R.O. 2017 § 400.130; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
In case any building or structure is erected, constructed, reconstructed,
altered, converted, or maintained, or any building, structure, or
land is used in violation of this Chapter, the City, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by the
City Official who is empowered to cause any building, structure, place,
or premises to be inspected and examined and to order in writing the
remedying of any condition found to exist therein or thereat in violation
of any provision of the regulations made under authority of this Chapter.
B.
The owner or general agent of a building
or premises where a violation of any provision of this Chapter has
been committed or shall exist, or the lessee or tenant of an entire
building or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee, or tenant of
any part of the building or premises in which such violation has been
committed or shall exist, or the general agent, architect, builder,
contractor, or any other person who commits, takes part or assists
in any such violation, or who maintains any building or premises in
which any such violation shall exist shall be guilty of an ordinance
violation punishable by a fine of not less than ten dollars ($10.00)
and not 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 shall continue, or
by both such fine and imprisonment in the discretion of the court.
Notwithstanding the provisions of Section 82.300, RSMo., for the second
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) or more than five hundred dollars ($500.00) for
each and every day that such violation shall continue, or by imprisonment
for ten (10) days for each and every day such violation shall continue,
or by both such fine and imprisonment in the discretion of the court.
C.
Any such 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.
D.
Stop-Work Order. Whenever any work is being done on any property
within the corporate limits of Battlefield that is in violation of
the requirements of this Chapter, the City may order the work to stop
and may revoke all permits and certificates previously issued by the
City and cause all said work to stop. The penalties proscribed herein
for violation shall continue for each day until the violation is remedied.
[R.O. 2017 § 400.140; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 12-02 § 1, 2-21-2012]
A.
Membership Of Planning And Zoning Commission.
The Planning and Zoning Commission shall be formed in accordance with
the provisions of Sections 89.070 and 89.320, RSMo. The Commission
shall consist of not more than fifteen (15) nor less than seven (7)
members and shall include:
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 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. The member
notified of removal shall have the right to a public hearing on said
order of removal. An appeal for public hearing must be made in writing
and filed with the City within ten (10) days after the date of order
of removal from the Commission.
C.
Meetings Of The Planning And Zoning Commission.
1.
Adopting Rules. The Commission may
adopt rules and regulations governing the procedures and operations
of the Commission not inconsistent with the provisions of this Chapter.
2.
Meeting Schedule. 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.
3.
Open Meetings. The Commission shall
conduct its meetings so as to obtain necessary information and to
promote the full and free exchange of ideas and evidence. All 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.
4.
Minutes Of Meetings. Minutes shall
be kept of all Commission proceedings.
D.
Authority. 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 and requirements governing the coordinated
development of land within the City. Recommendations may be made,
among other things, 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.
Hold public hearings on rezoning
applications, conditional use permits and amendments to the Zoning
Map and make recommendations to the Board of Aldermen regarding the
approval or disapproval of rezoning applications, conditional use
permits and amendments to the Zoning Map.
5.
Conduct study, hold public hearing
and make recommendations to the Board of Aldermen on modifications
and amendments to the zoning regulations.
6.
Carry out other such work and activity
as may be requested by the Board of Aldermen pursuant to Chapter 89,
RSMo.
E.
Reports To Board Of Aldermen. The Commission
shall make reports to the Board of Aldermen, as it may deem proper
or as requested by the Board of Aldermen, on its investigations, transactions
and recommendations and other reports relative to its prescribed responsibilities
and authority.
[R.O. 2017 § 400.150; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Membership Of The Board Of Adjustment.
The Board of Adjustment for the City of Battlefield shall consist
of five (5) members, all of whom shall be residents of Battlefield
appointed by the Mayor and approved by a majority of 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.
B.
Period Of Appointment. Members of the first
appointed Board of Adjustment shall serve as follows: one (1) member
for one (1) year, one (1) member for two (2) years, one (1) member
for three (3) years, one (1) member for four (4) years and one (1)
member for five (5) years. Thereafter, members shall be appointed
for terms of five (5) years each. Any vacancy in membership shall
be filled for the unexpired term by appointment by the Mayor and approval
by the Board of Aldermen.
C.
Removal Of Members. All members and alternates
may be removed for cause by the Board of Aldermen upon written charges
and after a public hearing. The absence of a member from three (3)
consecutive meetings shall constitute just cause for removal from
the Board of Adjustment.
D.
Meetings Of The Board Of Adjustment.
1.
Adopting Rules. The Board of Adjustment
shall adopt rules of procedure in accordance with the provisions of
Sections 89.010 through 89.170, RSMo.
2.
Meeting Schedule. Meetings of the
Board of Adjustment shall be held at the call of the Chairperson and
at such other times as the Board of Adjustment may determine. Meetings
shall be held frequently enough so that applications and appeals may
be processed expeditiously.
3.
Open Meetings. 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.
4.
Minutes Of Meetings. The Board of
Adjustment shall keep minutes of its proceedings, showing the vote
of each member upon 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.
5.
Board Of Adjustment Quorum. At any meeting at which a vote is taken to reverse any order, requirement, decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of four (4) members. A member who has withdrawn from the proceedings without an excuse, as provided for in Section 400.150(F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
E.
Powers And Duties Of Board Of Adjustment.
The Board of Adjustment shall hear and decide:
1.
Appeals from any order, decision,
requirement or interpretation made by any administrative official
of the City.
2.
Applications for variances.
3.
Questions involving interpretations
of the Zoning Map, including disputed district boundary lines and
lot lines.
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. All other actions of the
Board shall be taken by a majority vote.
2.
Failure of a member present at the Board of Adjustment meeting to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Section 400.150(F)(3) or has been allowed to withdraw in accordance with Section 400.150(F)(4).
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.
[R.O. 2017 § 400.160; Ord. No. 02-18 §§ 1 — 5, 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 this Chapter.
B.
When Appeals May Be Taken. An appeal may
be taken to the Board of Adjustment by any person aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person, or by an officer, department, board or agency of the City
of Battlefield affected by a decision of an Administrative Official.
An appeal must be made within thirty (30) 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 in accordance with the provisions of Section 400.210.
E.
Board Of Adjustment Decision On Appeal.
1.
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 of Adjustment 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.
[R.O. 2017 § 400.170; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Jurisdiction And Authority. The Board of Adjustment shall exercise the authority to vary the strict or literal terms of the applicable zoning provisions of this Chapter in accordance with the standards set forth in Section 400.170(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.
Authorized Variances. Variances from the
zoning 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 landscaping and
buffer yard requirements.
C.
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 that:
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;
and
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.
D.
Application For Variance. An application
for a variance shall be submitted to the City. The City Clerk shall
transmit the application and all papers and materials constituting
the record to the Board of Adjustment.
E.
Hearing On Variances. The Board of Adjustment shall hold a public hearing on any application for variance in accordance with the provisions of Section 400.210.
F.
Board Of Adjustment Decision On Variances.
1.
In deciding on variances, the Board of Adjustment shall take a separate vote on each of the six (6) required findings stated in Section 400.170(C). 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 six (6) requirements set forth in Section 400.170(C) 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.
[R.O. 2017 § 400.180; Ord. No. 02-18 §§ 1 — 5, 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 Greene 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-day period.
[R.O. 2017 § 400.190; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Any person aggrieved by any decision
of the Board of Adjustment made under the provisions of this Chapter
may seek judicial review of such decision in accordance with the provisions
of Section 89.110, RSMo.
[R.O. 2017 § 400.200; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 03-07 § 1, 3-18-2003; Ord. No. 08-25 §§ 1 — 6, 12-2-2008]
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 the zoning regulations
herein or subsequently established. The Board of Aldermen must receive
the recommendation and report of the Planning and Zoning Commission
before it may take any such action.
B.
Initiation Of Amendment. Amendments may
be proposed by any Battlefield citizen, property owner organization
or governmental body. Applications for amendments initiated by the
Commission or the Board of Aldermen shall be accompanied by the motion
or resolution of such body setting forth the amendment or amendments
proposed or sought to be enacted.
C.
Application For Amendment. An application
for an amendment, along with pertinent data and information as may
be proscribed by the Commission, shall be submitted to the City at
least fifteen (15) days prior to the public hearing to be held by
the Commission on the application. The application shall be on forms
provided by the City and shall contain the following information,
dependent on the type of application submitted:
1.
For amendments to zoning district
classification (rezonings).
a.
The name, address and phone number
of the applicant.
b.
The name of the person, firm or organization
holding title to such real estate 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.
Legal description of the property
proposed for rezoning.
d.
The street address of such real estate
and if there is no street address, a sufficient description of the
location of said real estate to enable the ordinary person to determine
its location.
e.
The current zoning classification
of the property, the current use of the property and the zoning classification
requested.
f.
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.
Public Hearing Before Commission. The Commission shall hold a public hearing on all proposed amendments in zoning district classifications or the text of this Chapter. Notice of public hearing shall be provided in accordance with the requirements of Section 400.210. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.
E.
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 amendment
in zoning district classification or the text of this Chapter:
1.
Recommend against the proposed change
in zoning district classification or the text of the ordinance;
2.
Recommend a change in the zoning
district classification or the text of this Chapter;
3.
Recommend a change in the zoning
district classification or the text of this Chapter together with
recommendations that, 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 Battlefield
Comprehensive Plan.
F.
Report Of Commission Action Taken. The
Commission shall make written findings of fact on the proposed amendment
and shall submit 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.
G.
Actions Of Board Of Aldermen.
1.
When the Commission has recommended a change in zoning district classification or the text of this Chapter together with recommendations for additional requirements pursuant to Section 400.200(E)(3), the Board of Aldermen shall have the discretion to accept, reject or make other or additional requirements. Any such requirements shall become a part of the ordinance changing the zoning classification of such property or the text of this Chapter. Such requirements regarding a change in zoning district classification shall be considered as an amendment to this Chapter insofar as it is applicable to such property. Such requirements shall be considered as conditions precedent to the granting of a certificate of occupancy and there shall be compliance with such requirements before a certificate of occupancy will be issued by the City for the use or occupancy of the building, land or structure on such property.
2.
The Board of Aldermen shall not consider any change to any zoning classification for any tract or parcel of realty other than the zoning classification which was requested in the application for amendment, or such other zoning classification as may have been expressly considered by the Commission as evidenced by its written report to the Board of Aldermen pursuant to Subsection (F) hereof. If an applicant files a written request with the City Clerk prior to any final action being taken by the Board of Aldermen on a submitted application for zoning amendment, which written request asks that a new and different zoning classification be considered, and which request contains the affirmative statement that the applicant will pay all fees and costs required by the submission of a new application for a zoning amendment, then the Board of Aldermen may consider such new and different zoning classification only after referring such written request to the Commission so that it may conduct a new public hearing on such written request and make new written findings of fact and written recommendations for submission to the Board of Aldermen.
H.
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.
I.
Two-Thirds Majority Necessary When Protest.
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.
[R.O. 2017 § 400.210; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 08-25 § 7, 12-2-2008]
A.
Board Of Adjustment Public Hearing. Notice
of public hearing before the Board of Adjustment on any application
for variance or appeal shall be in accordance with the following requirements:
1.
Publication of notice in a newspaper
of general circulation in the City of Battlefield at least fifteen
(15) days prior to said hearing.
2.
Posting of notice in two (2) conspicuous
places on the subject property at least ten (10) days prior to the
hearing date.
3.
Sending of notice by first-class
mail to all property owners of record within one hundred eighty-five
(185) feet of subject property.
B.
Planning And Zoning Commission Public Hearings.
1.
Rezonings And Conditional Use Permits.
Notice of public hearing before the Commission on any application
for rezoning or conditional use permit shall be in accordance with
the following requirements:
a.
Publication of notice in a newspaper of general circulation in the
City of Battlefield at least fifteen (15) days prior to said hearing.
b.
Posting of notice in two (2) conspicuous places on the subject property
at least ten (10) days prior to the hearing date.
c.
Sending of notice by first-class mail to all property owners of record
within one hundred eighty-five (185) feet of 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 Battlefield at least fifteen (15)
days prior to said hearing.
C.
Board Of Aldermen Hearing. The Board of Aldermen is not required to hold a public hearing on any application for amendment filed with the City regardless of whether such application requests an amendment to supplement, change, modify or repeal the boundaries of any zoning district classification or to amend the text of any other provision of the land development regulations of the City. If the Board of Aldermen chooses to hold a public hearing, notice thereof shall be given in the same manner as required for hearings before the Commission in accordance with Section 400.210(B).
D.
Contents Of Public Hearing Notices. All
notices of hearing required by this Section shall include the following
information:
1.
Name of the applicant.
2.
Name of the property owner, if different
than the applicant (not required for text amendment).
3.
Street address or common description
of the property involved (not required for text amendment).
4.
Legal description of the property
involved (not required for text amendment).
5.
Concise description of the nature
of the request.
6.
Date, time and place of the public
hearing.
7.
Place at which further information
regarding the request can be obtained.
E.
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 a list of said property owners and addresses that has been compiled
by a title company authorized to issue title policies in the State
of Missouri, and 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.
F.
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.
[R.O. 2017 § 400.220; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Authority And Purpose. The City Clerk or
duly authorized representative shall have the authority to issue zoning
certificates. 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.
B.
C.
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.
[R.O. 2017 § 400.230; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
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:
B.
Application Procedure. Application for certificate of occupancy shall be submitted in duplicate to the City. All applications shall be accompanied by a plot plan containing information in accordance with Section 400.260; or if otherwise required by this Chapter, a site plan in accordance with Section 400.270. 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:
1.
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 by the City within five (5) working days
of receipt of report from the inspector.
2.
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.
[R.O. 2017 § 400.240; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
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.
1.
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 Chapter and not the provisions of any private allocation formula,
lease or restriction.
2.
A sign permit issued by the City
shall become null and void if work on the sign is not commenced within
one hundred eighty (180) days from the issuance of the permit. If
work authorized by the permit is suspended or abandoned for ninety
(90) days after the work commences, the sign shall be considered abandoned
and a new sign permit shall be required to proceed with work on the
sign. In such cases, the sign permit fee will be one-half (1/2) of
the original fee, provided that no changes have been made in the original
plans.
B.
Sign Permit Applications. Application for
a sign permit shall be made upon forms provided by the City. The applicant
shall submit all such information necessary to determine compliance
with all appropriate regulations of the City, including, but not limited
to, the following:
1.
Name, address and business license
number of applicant.
2.
Name and address of sign owner.
3.
Name and address of the owner and
the occupant of the premises where the sign is to be located.
4.
Legible drawings with description
showing precise location of the sign and all other existing signs
on the same premises; 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.
C.
Issuance Of Permit, Denial Or Revocation.
Upon review, the City shall issue a sign permit when 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 Chapter.
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.
[R.O. 2017 § 400.250; Ord. No. 02-18 §§ 1 — 5, 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:
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 Section 400.250(G).
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 400.210.
2.
Following 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 Section 400.250(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 Commission's decision.
E.
Board Of Aldermen Action On Conditional
Use Permit.
1.
The Board of Aldermen 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 400.210.
2.
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 Section 400.250(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 or hearing. Requests for time extension shall be made by filing an application with the City 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 Sections 400.250(C) through 400.250(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 Battlefield Comprehensive Plan
and the Battlefield 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 Battlefield.
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, 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 co-location 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 Section 400.250(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 Board of Aldermen 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.
[R.O. 2017 § 400.260; Ord. No. 02-18 §§ 1 — 5, 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.
[R.O. 2017 § 400.270; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Applicability. Site plans prepared and
approved in accordance with the provisions of this Chapter are required
to assist City 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.
B.
Developments Requiring A Site Plan. Unless otherwise exempted by Section 400.270(C), a site plan is required for permitted and conditional uses in zoning districts as specified in Article V.
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. An application and
eight (8) copies of the site plan shall be submitted to the City.
The site plan should provide sufficient information to determine whether
the proposed development is in compliance with these regulations.
The site plan shall include the following information:
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 in accordance with Article VIII and drawings of proposed screening or buffer plantings and types of materials or plantings used.
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.
Site Plan Review Process.
1.
Commission Review. The Commission
shall review all site plan applications. The application for 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 Section 400.270(F). 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-day time period, the site plan shall be deemed to be approved. The decision of the Commission is final unless appealed to the Board of Aldermen pursuant to the provisions of Section 400.270(E)(3).
3.
Appeals To Board Of Aldermen. The decision of the Commission to approve a site plan with modifications not acceptable to the applicant or to disapprove a site plan may be appealed to the Board of Aldermen. The application for appeal shall be filed with the City Clerk within thirty (30) days of the final decision of the Commission. In making its decision, the Board of Aldermen shall take into consideration the findings of the Commission and the standards for site plan review as prescribed in Section 400.270(F).
4.
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-month period.
F.
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.
The screening and buffer area landscaping
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.
[R.O. 2017 § 400.280; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 23-15, 11-21-2023]
A.
Purpose And Intent. The purpose of the conservation subdivision development
is to allow a procedure for development which will promote more economic
subdivision layout, which will preserve open space and provide for
recreational areas, which will preserve and protect unique or sensitive
natural features, and which will encourage creative design of living
environments. To achieve this purpose, modification of minimum lot
area and lot dimensions shall be permitted.
B.
Minimum Lot Size. Conservation subdivision developments shall be
permitted to reduce minimum lot size for single-family dwellings in
the "R-LD" (Single-Family Low Density Residence District) from twenty
thousand (20,000) square feet to ten thousand (10,000) square feet.
D.
Usable Open Space Requirements.
1.
In each conservation subdivision development, the lot size may be reduced from the minimum size required in the zoning district to the minimum size permitted in Section 400.280(B). All lot reductions shall be compensated for by setting aside an equivalent amount of land for usable open space or common area.
2.
The provisions of this Section may be used only if the usable
open space set aside in a subdivision is at least one (1) acre and
at least thirty percent (30%) of the subdivision tract is devoted
to permanent, usable open space. Calculation of total area of said
open space shall not include land devoted to public infrastructure
improvements or private stormwater drainage and detention facilities
that may be required by the City as a condition of subdivision plat
approval.
3.
Open space or common areas within a conservation subdivision
development may be offered for dedication to the public at the time
of application. The Board of Aldermen may accept such dedication upon
finding that the location, size, type of space or cost of development
or maintenance of such open space would make public use desirable.
4.
The development and maintenance of conservation subdivision
open space not dedicated to the public shall be provided through legal
arrangements satisfactory to the Board of Aldermen. Covenants or other
legal arrangements shall specify: open space ownership; method of
maintenance; responsibility for maintenance; taxes and insurance;
homeowners' association compulsory membership and assessment;
guarantees that any homeowners' association or other association
formed to own and maintain the open space will not be dissolved without
the review of the Planning and Zoning Commission and consent of the
Board of Aldermen.
E.
Conservation Subdivision Development Approval.
1.
A conservation subdivision shall be considered a major subdivision
for platting purposes and shall be subject to the major subdivision
procedures of the City of Battlefield subdivision regulations.
2.
All modifications to lot sizes and lot dimensions must be shown
on the conservation development preliminary plat.
3.
A conservation development shall be approved only if evidence
is provided which establishes that:
a.
The development will be in harmony with the purposes, goals
and policies of the Battlefield Comprehensive Plan.
b.
The development will not have an adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utilities
or the public health, safety and welfare.
c.
Permanent open space intended for recreation or public use is
easily accessible to pedestrians, including the disabled and elderly.
d.
The development will not result in the loss or destruction of
any scenic, natural or historic feature of significant importance.
4.
The Planning and Zoning Commission and Board of Aldermen shall make written findings that each condition in Section 400.280(E) has been satisfied.
