[R.O. 1992 § 400.010; Ord. No.
228 § 709.1, 5-10-1990]
A.
To assist the Board of Aldermen in administering and enforcing the
regulations contained in this Chapter, the following are established:
[R.O. 1992 § 400.020; Ord. No.
228 § 709.1, 5-10-1990; Ord. No. 764 § I, 7-26-2012]
A.
Composition. The Planning and Zoning Commission shall have a membership of not more than eight (8) nor less than six (6) members, consisting of six (6) citizens appointed by the Mayor and approved by the Board of Aldermen, the Mayor, if the Mayor chooses to be a member; and a member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Planning and Zoning Commission. Citizen members shall be appointed, and vacancies shall be filled in accordance with Chapter 115 of this Code. Members shall serve without compensation. The Board of Aldermen may remove any citizen member for cause stated, in writing, and after public hearing.
B.
Organization. The Commission shall elect annually from among its
membership a Chairman, Vice-Chairman and Secretary and from time to
time shall provide such rules and regulations consistent with this
Code and State laws for its own organization and procedures. The Commission
shall hold regular meetings and special meetings as its rules provide
and shall keep public record of its proceedings. The Commission shall
be required to obtain Board approval to appoint employees or staff
necessary for any work, to contract with City planners or other professionals
for any services or to make any other expenditures.
C.
Reports. The Commission shall report at least annually to the Board
of Aldermen detailing its investigations, transactions and recommendations,
or more often as necessary or as the Board of Aldermen requires.
D.
Purposes, Powers And Duties. The Commission shall:
1.
Advise and recommend to the Board of Aldermen for adoption,
based on comprehensive surveys and studies of existing conditions
and probable future growth, a plan for the City's physical development,
including the location, length, width and arrangements of the streets,
alleys, boulevards and parkways; bridges and viaducts; parks, playgrounds,
recreation areas or other public grounds or improvements; the platting
of public property into lots, streets or alleys; the location of railroad
or street car lines, transportation or other channels for communication
of any kind; the grouping of public buildings; the design and placement
of memorials, art works, power and lighting plants, street lighting
standards, telegraph, telephone and electric poles, street name signs,
billboards or projecting signs; the elimination of railroad grade
crossings; and other items pertaining to the welfare, housing, appearance
or beauty of the City or any portion thereof.
2.
Recommend in connection with the City plan's execution
and detailed interpretation, such changes and adjustments deemed desirable.
3.
Prepare and recommend to the Board of Aldermen rules controlling
land subdivision and/or use.
4.
Recommend the approval or disapproval of plats for land subdivision
and/or use, such plats being referred to the Commission prior to Board's
action. Failure of the Commission to act within sixty (60) days, shall
be deemed an approval, except that the Commission, with the consent
of the applicant for the approval, may extend the sixty-day period.
5.
Recommend the legislation intended to further the purposes of
City planning.
7.
Assume such other powers and duties the Board of Aldermen delegates
or State Statutes provide relative to planning in this City.
E.
Vote Required. A majority vote of the Commission's full membership
shall be required for the adoption, amendment or extension of its
recommendations to the Board of Aldermen or for the approval or denial
of any application over which it has authority.
F.
Absences. The seat of any citizen Commissioner who shall have three (3) or more absences from regular meetings of the Commission in a twelve-month period shall be deemed vacated by the Commission at such time as the citizen member is absent without excuse for the third time. Such absences may also be cause for removal pursuant to Subsection (A) above.
[R.O. 1992 § 400.030; Ord. No.
228 § 702.3, 5-10-1990]
B.
Powers And Duties. The Zoning Enforcement Officer or his or her authorized
representative shall:
1.
Attend all regular meetings of the Board of Aldermen, the Commission
and the Board.
2.
Have the right of entry at any reasonable time to cause any
building, structure, place or premises to be inspected and examined;
the right to order, in writing, the remedying of any condition found
therein violating any requirement of these regulations; and the right
to issue a stop order by written notice served on any person engaged
in doing such work or causing such condition found in violation of
these regulations, and such person(s) served shall cease such activity
until authorized by the Officer to proceed.
3.
Maintain permanent and current records of all the transactions
relative to these regulations, including but not limited to, mapping,
meetings, applications, issued permits or other dispositions, and
provide an information service for the citizens of Wright City on
all matters concerning zoning therein.
4.
Examine all applications, for zoning-related permits and/or
for administrative action, and determine if said applications and
submissions therewith conform to all provisions of these regulations.
5.
6.
Initiate, direct and review from time to time a study of the
provisions of this Chapter and make such reports available to the
Planning and Zoning Commission at least annually or more often as
directed.
7.
Initiate and direct for review applications for land use and/or
land subdivision.
[R.O. 1992 § 400.040; Ord. No.
228 § 709.4, 5-10-1990]
A.
Composition. The Board of Adjustment shall consist of five (5) members
who shall be residents of the municipality. Members shall be appointed
by the Mayor with the advice and consent of the Board of Aldermen
for terms of five (5) years each. Three (3) alternate members may
also be appointed to serve in the absence of or the disqualification
of the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
B.
Organization. The Board shall elect annually from among its members
a chairman, vice-chairman, and secretary and shall adopt such rules
and regulations consistent with this Code and State laws for its own
organization and procedures. The Board shall meet at the call of the
chairman and at such other times as it determines or is required by
the Board of Aldermen and shall keep public record of its proceedings.
All testimony, objections thereto and rulings thereon, shall be taken
down by a reporter employed by the Board for that purpose. All meetings
of the Board shall be open to the public. Prior Board of Aldermen
approval shall be obtained by the Board before any expenditures are
made or assistance is requested from City employees.
C.
Powers And Duties. The Board shall:
1.
Hear and decide appeals made by any person or persons severally
or jointly aggrieved by any order, requirement, decision or determination
made by the Code Official or other official in the enforcement of
the Zoning Code.
2.
Hear and decide all matters referred to it or upon which it
is required to pass under this Section.
3.
To vary or modify the application of the Zoning Code relating
to the construction or alteration of buildings or structures or related
use of land so that the spirit of the Zoning Code shall be observed,
public safety and welfare secured and substantial justice done, provided
that, in any city with a population of three hundred fifty thousand
(350,000) or more inhabitants which is located in more than one County,
the Board of Adjustment shall not have the power to vary or modify
any ordinance relating to the use of land.
D.
Variances.
1.
In addition to hearing appeals as set forth in Subsection (C)(1) and (2) above and, as set forth in Subsection (D)(3), the Board of Adjustment may grant specific variances from the strict application of the Zoning Code when, by reason of exceptional narrowness, shallowness, shape or substandard size of specific parcels of property, or by reason of exceptional topography conditions or other extraordinary situations or conditions of specific regulations or amendments thereto would result in a practical difficulty or unnecessary hardship upon the owner of said property, provided:
a.
Such relief or modification can be granted without substantial impairment
of the intent, purpose and integrity of the Zoning Code and of the
City's comprehensive plan;
b.
This shall not permit a land use not authorized by the Zoning Code
for a specific zoning district;
c.
If the owner complied with the specific regulations to which he or
she is requesting said variance, he or she would not be able to make
any reasonable use of his or her property;
d.
The difficulties or hardship are peculiar to the property in question
in contrast with those of other property in the same district;
e.
The hardship is not the result of the applicant's own action;
f.
The hardship is not merely financial or pecuniary; and
g.
The spirit of the ordinance shall be observed, public safety and
welfare secured and substantial justice done.
2.
Applications for variances shall be processed as follows:
a.
The application shall be on the appropriate form and submitted, with
the fee and such legal descriptions, maps, plans and other information
to completely detail the proposed use and existing conditions, to
the Officer who shall transmit it to the Board of Adjustment for review.
b.
The Board of Adjustment shall conduct a public hearing within a reasonable
time, give not less than fifteen (15) days' public notice thereof,
as well as due notice to the parties in interest, and decide the same
within a reasonable time. At the hearing, any party may appear in
person or by agent or by attorney.
c.
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to effect any variation in the Zoning Ordinance.[1] In exercising the above powers, the Board may make such
order, requirement, decision or determination as ought to be made,
and to that end shall have all the powers of the Building Commissioner.
E.
Appeals;
Procedure. Appeals to the Board of Adjustment from actions by the
Zoning Officials shall be taken in the following manner.
1.
All appeals shall be filed within sixty (60) days from the date of
the action which is appealed.
2.
Appeals from the enforcement and interpretation of this Chapter,
signed by the appellant, shall be addressed to the Board of Adjustment
and filed with the Officer. The notice of appeal shall be accompanied
by the required fees and such legal descriptions, maps, plans and
other information to completely describe the decisions or interpretation
being appealed and the reason therefor, along with the names and addresses
of the residents within two hundred (200) feet of the property under
appeal.
3.
The Officer shall transmit to the Board of Adjustment all papers
constituting the record upon which the action appealed was taken.
4.
Upon receipt of the above, the Board of Adjustment shall schedule
a hearing to be held within sixty (60) days from initial filing and
shall publish a notice of said hearing in a newspaper of general circulation
at least once each week for two (2) successive weeks prior to the
hearing date. The Officer also shall post notice on the property in
question for a period of one (1) week before the hearing date, and
said notice shall be mailed to the Commission and all known residents
within two hundred (200) feet of said property.
5.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Officer certifies to the Board of Adjustment by reason
of facts in the record a stay would, in his or her opinion, cause
imminent peril to life and property, in which case proceedings shall
not be stayed other than by court order.
6.
In hearing an appeal before the Board of Adjustment, the appellant
may appear in person or by agent or attorney, and all testimony, objections
thereto and ruling thereof shall be recorded.
7.
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination from any such administrative official. In exercising
the above powers, the Board may reverse or affirm wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the Building Commissioner from whom the appeal is taken.
8.
The action of the Board of Adjustment shall be final unless an appeal
is taken to the Circuit Court of Warren County within thirty (30)
days therefrom. No case shall be reopened nor shall any application
be accepted constituting the same appeal involving the same property
upon which the Board has taken final action.
9.
Any aggrieved person or person may present to the Circuit Court of
Warren County a petition, duly verified, setting forth that a Board
of Adjustment decision is illegal, in whole or in part, and specifying
the grounds of the illegality, such petition to be presented to the
Courts within thirty (30) days from the Board's final action relative
thereto, and the Court may wholly or partly reverse, affirm, or modify
the decision brought for review.
[R.O. 1992 § 400.050; Ord. No.
228 § 709.5, 5-10-1990; Ord. No. 353 § I, 3-25-1999; Ord. No. 863 § I, 10-22-2015; Ord. No. 910, 4-27-2017]
A.
Application forms shall be available at City Hall for the following:
1.
Zoning And Text Amendments. The Board of Aldermen may amend
the written text of the regulations imposed in the districts created
by this Zoning Code (a text amendment) and/or amend the district boundary
lines (a "zoning amendment"), provided such amendment conforms to
the purpose and intent of the Zoning Code, according to the procedure
set forth herein.
a.
Zoning amendments may be proposed by any citizen, organization
or the Board of Aldermen. Text amendments may be proposed only by
the Board of Aldermen.
b.
An application for an amendment shall be filed with the Zoning
Enforcement Officer on the appropriate form and accompanied by such
information, including the names and current addresses of all property
owners within two hundred (200) feet of the property in question,
if any, and fee as may be required. The submitted application shall
be reviewed by the Zoning Enforcement Officer for completeness and
transmitted to the Commission and the Board of Aldermen for their
review and action.
c.
The Board of Aldermen shall conduct a public hearing for each zoning or text amendment application at such time and place as it shall establish and publish in a notice at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing date. For zoning amendments and conditional use permits [Section 400.050(A)(2)(c)], said notice also shall be mailed to all property owners within two hundred (200) feet of the property in question and shall be posted on the property in question and in one (1) prominent place within the City for a period of one (1) week before the public hearing date.
d.
The Commission shall make a preliminary report and hold public
hearings thereon before submitting its final report and the Board
of Aldermen shall not hold its public hearings or take action until
it has received the final report of said Commission. Where the purpose
and effect of the proposed amendment is to change the zoning classification
of a particular property, the Commission shall consider:
(1)
Relatedness of the proposed amendment to goals
and outlines of the City's long-range physical plan;
(2)
Existing uses of property within the general area
of the property in question;
(3)
The zoning classification of property within the
general area of the property in question;
(4)
The suitability of the property in question to
the uses permitted under the existing zoning classifications; and
(5)
The trend of development, if any, in the general
area of the property in question, including changes, if any, which
have taken place in its present zoning classification.
e.
In case of a written protest signed and acknowledged by the
owners of thirty percent (30%) of the property within one hundred
and eighty-five (185) feet of the property in question, such amendment
shall not be passed except by a favorable vote of two-thirds (2/3)
of the members of the Board of Aldermen.
f.
The Board of Aldermen shall approve or deny the proposed amendment.
g.
Notwithstanding anything to the contrary, no ordinance or other
action of the Board of Aldermen shall be invalidated due to the City's
failure to strictly comply with any notice requirements of this provision
that are in addition and supplemental to those of Section 89.060 of
Chapter 89, RSMo., as amended.
2.
Permits. The following permits and the procedures for obtaining
them are established:
a.
General. Zoning permits shall be a part of the building permit
and hereafter referred to as "building permits":
(1)
No building or other structure, no use or reuse of land shall
be erected, constructed, reconstructed, moved or demolished, nor shall
it be altered without first making application for, paying the required
fee and being issued a permit in accordance with the terms of the
Zoning Code.
(2)
No permit is required for farm outbuildings or structures utilized
in agriculture operations as defined herein.
(3)
All permits are subject to conformity to plans, drawings and
other submissions, including all information on the application therefor
and shall be revoked if found to be out of conformance therewith.
No plan alterations, after approval, will be permitted.
(4)
Nullification clause. In the event any permit issued is not
in conformity with the provisions of the Zoning Code, such permit
shall be null and void.
b.
Building/zoning. Zoning permits shall be a part of the building
permit and hereafter referred to as "building permits":
(1)
Applications shall be filed with the Officer on forms prescribed
setting forth the legal description and including a duplicate set
of plans drawn to scale and indicating:
(a)
The shape and dimensions of the land and adjacent rights-of-way;
(b)
A general description of any existing or proposed buildings
or structures, including dimensions, shape and location on the premises;
(c)
The intended use and its location;
(d)
The location and dimensions of off-street parking and loading
spaces and the means of ingress and egress to same;
(e)
Any other information deemed necessary for consideration in
enforcing the provisions of this Chapter.
(2)
The Officer shall act within thirty (30) days of receiving any
permit application. In the event an application does not meet the
requirements of the Zoning Code, the Officer shall so notify the applicant,
and the applicant may request the decision be reviewed by the Commission.
If the Commission upholds the Officer's decision, the applicant may
appeal to the Board in accordance with the appeals procedures herein.
(3)
Each principal building or structure to be constructed, erected
or altered shall require a separate permit, except accessory buildings
and appurtenances may be included in the permit for the principal
building upon payment of additional fee and when construction is simultaneous.
(4)
Each permit shall be posted upon the premises for which it is
issued.
(5)
A building permit shall expire six (6) months from the date
of issuance, at which time the exterior of the building must be completed.
If exterior is completed, an extension of up to six (6) additional
months will be granted by the Officer for interior work at no additional
charge upon application for extension. If exterior is not completed
after six (6) months, then an extension (of up to six (6) additional
months) can only be granted after review by the Planning and Zoning
Commission and with a penalty of twice the normal building permit
fee.
(6)
A permit issued in accordance with this Code may be revoked
by the issuing Officer if such Officer finds, prior to the completion
of the structure therefor, a departure has been made from the approved
plans, specifications and/or requirements or conditions required under
the terms of the permit, or the same was issued under false representation,
or any other provision of the Zoning Code is being violated.
(7)
Failure, refusal or neglect of any property owner or his or
her authorized representative to apply for and secure a valid permit,
including payment of the prescribed fee, shall be reason for ten (10)
days' notice for and the subsequent issuance of a stop order by the
Officer, said order to be posted on or near the property in question
in a conspicuous place, and no further construction shall proceed
until compliance is observed and recorded by the Officer.
(8)
Where building or construction has proceeded without a valid
permit, the issuance fee of a subsequent permit shall be increased
according to the penalty schedule.
c.
Conditional use.
(1)
Application for a conditional use permit shall be filed with
the Officer and transmitted to the Commission on the approved form
at least twenty (20) days prior to any regular Commission meeting.
Additional submissions may be required, to include a plot plan and
other such details necessary to properly assess the suitability of
the use within the subject district.
(2)
The Commission shall conduct a public hearing in accordance
with the procedure established in the amendment Section of this Chapter.
(3)
After public hearing, the Commission may approve or deny said
application based on the desirability of said use on that particular
site. The Commission may provide approval contingent on acceptance
and observance of specified conditions, including but not limited
to:
(4)
The Commission's decision shall be final unless overruled by
the Board of Aldermen within thirty (30) days. Should the Board of
Aldermen take no action on the Commission decision within thirty (30)
days, the inaction shall be deemed an approval.
d.
Exceptional use. The Commission shall review requests for exceptional
use permits in accordance with the procedures for conditional use
permits, except the applicant shall:
(1)
Submit to the Officer an application on the approved form, including
a statement certifying the applicant is the lawful owner of the land
upon which the exceptional use is proposed or he or she has a lawful
right to the use thereof if the application is granted.
(2)
File a declaration of the use to be made by the legal owner
if the application is granted. The declaration must provide the land
use will be solely that which is stated in the application and if
such use is abandoned or is proposed to be changed, the subsequent
use shall be in conformity with the zoning restrictions in the underlying
district.
(3)
Submit with the application a plot plan showing the legal dimensions
of the tract, location of all proposed improvements and existing structures,
grade elevations, setback requirements, location and type of any screening
effort, specific plan for restoring the land after the use is abandoned
or discontinued and such other items as the Commission shall deem
reasonably necessary to properly process the application.
e.
Non-conforming use. Any person or persons, jointly or severally,
having a proprietary interest in any building, structure or use non-conforming
at the effective date of the Zoning Code, or any amendment thereto,
may propose to change said non-conforming use to another of an equal
or more appropriate nature to the permitted uses of an underlying
district.
(1)
An application for a certificate of non-conformity shall be
submitted to the Officer on the appropriate form.
(2)
The applicant shall furnish, in writing, all information and/or
site plans to scale as may be reasonably required to establish evidence
of the equal or more appropriate nature of the proposed non-conformity.
(3)
The Officer shall issue or deny the certificate within thirty
(30) days of filing.
(4)
If the Officer denies the certificate, the applicant may, within
thirty (30) days, request Commission review; said request to be submitted,
in writing, to the Commission twenty (20) days prior to its next regular
meeting.
f.
Temporary use.
(1)
An application for a temporary use permit shall be made to the
Officer and said permit may be issued by the Officer for a period
of not more than sixty (60) days for any of the following uses:
(2)
The following temporary uses require Commission approval prior
to permit issuance and may be authorized for a period not to exceed
six (6) months:
g.
Transitional area. Any land or use facing or adjacent to (either
directly or across a public street), or overlapping into, a zoning
district permitting uses characteristically different in use or intensity
from those of the district in which the subject property or use is
located is eligible for its owner or legal agent to apply for a transitional
area permit, thereby placing the subject land or use under the jurisdiction
of the said adjacent district.
(1)
Only uses listed as "Permitted" in said adjacent zoning district
will be permitted in the transitional area.
(2)
An application for a transitional area permit shall be filed
with the Officer and transmitted to the Commission stating the planned
use of the transitional area which may not be subsequently changed
unless reapplication is made for the different proposed use.
(3)
The applicant must submit such plans and profiles as are required
in the building/zoning permit Section of this Chapter and such other
information and details as are necessary for Commission review.
(4)
The Commission shall follow the procedures for conditional use
permits and shall determine the proposed use would not be detrimental
to any properties adjacent thereto.
(5)
If an application is approved, the applicant will be required
to file in the County Recorder's office a covenant stating the use
approved and that the property shall not be used for any other purpose
unless rezoned or reapplication is made to the City. Proof of recording
will be required prior to permit issuance.
(6)
The effective date of an approved transitional area will be
thirty (30) days from the date of Commission approval, and the Official
Zoning Map shall be marked with the letters "TA" to indicate those
lots so approved.
h.
Uses not listed. The amendment procedure shall be followed for
establishing a use not previously identified in the Zoning Code after
a determination is made by the Commission based on the following:
(1)
The recommendation of the Commission to the Board of Aldermen
shall be rendered within a reasonable time, not to exceed sixty (60)
days from application, and shall include a definition and state the
class or classes of districts in which the proposed use will be added
and whether it is a permitted, conditional or accessory use.
(2)
The determination of the use shall be effective upon Board of
Aldermen approval, pending a formal amendment.
(3)
Application shall be made, in writing, but no specific form
is required.
3.
General. In each instance where approval of a use or development
of property is made subject to conditions by the Board of Aldermen
or Commission, by issuance of a conditional use permit, exceptional
use permit, transitional area permit or variance, a copy of the approval
document shall be:
a.
Duly recorded by the property owner(s) prior to the commencement
of said use or development; and
b.
Furnished by said property owner(s) to the operator, lessee,
tenant or manager and their successors, each of whom shall forward
to the Officer an acknowledgement of having read and accepted said
conditions to the use or development so affected.
[R.O. 1992 § 400.060; Ord. No.
228 § 709.6, 5-10-1990; Ord. No. 254 § I, 5-19-1992; Ord. No. 287 § I, 10-13-1994; Ord. No. 452 § I, 3-25-2004; Ord. No. 477 § I, 7-22-2004; Ord. No. 714 § I, 5-27-2010]
A.
The following schedule shall be required for application administration.
1.
Fees, General.
a.
Until all applicable fees, charges and expenses have been paid
in full, no action shall be taken on any application or appeal.
b.
For all procedures requiring their evaluation, professional
services such as surveying or engineering shall require the costs
of said services to be paid by the applicant.
c.
No fee shall be charged where the change or request is initiated
by the Commission or Board of Aldermen.
2.
Fees, Specific. Permits and procedures shall require the fees
as follows:
a.
Amendments. All costs plus fifteen percent (15%) to be borne
by the applicant with a minimum fee to be two hundred dollars ($200.00).
b.
Appeal. All costs plus fifteen percent (15%) to be borne by
the applicant with a minimum fee to be two hundred dollars ($200.00).
d.
Conditional Use Permit. All costs plus fifteen percent (15%)
to be borne by the applicant with a minimum fee to be two hundred
dollars ($200.00).
e.
Exceptional Use Permit. All costs plus fifteen percent (15%)
to be borne by the applicant with a minimum fee to be two hundred
dollars ($200.00).
f.
Rezoning. All costs plus fifteen percent (15%) to be borne by
the applicant with a minimum fee to be two hundred dollars ($200.00).
g.
Transitional Area Permits. All costs plus fifteen percent (15%)
to be borne by the applicant with a minimum fee to be two hundred
dollars ($200.00).
h.
Variances. All costs plus fifteen percent (15%) to be borne
by the applicant with a minimum fee to be two hundred dollars ($200.00).
i.
Sanitary Landfill Permits. All costs plus fifteen percent (15%)
to be borne by the applicant with a minimum fee to be two hundred
dollars ($200.00).
[1]
State Law Reference: As to penalty, see RSMo. § 89.120
for similar provisions.
