[Ord. No. 2000-46 §1(28-00), 4-10-2000]
A. Three
(3) types of exceptions or modifications are provided in this Article
to insure flexibility. Application for the issuance of a conditional
use permit, zoning amendment shall be made to the Planning and Zoning
Commission. Any proceedings to classify certain uses as provided in
this Section may be initiated either by application or by the Planning
and Zoning Commission. The Planning and Zoning Commission may hold
such hearings on the proposal to issue a conditional use permit or
zoning amendment as it may consider necessary but at least one (1)
public hearing shall be held on each application for such a permit.
Notice shall be given not less than fifteen (15) days in advance of
the hearings by publishing pertinent data regarding the amendment
or modification at least once in the official newspaper. The Planning
and Zoning Commission shall make a report to the Council upon any
application for a conditional use permit or Zoning Map or text amendment
and shall recommend to the Council whatever action it deems advisable,
but it shall not recommend the granting of a permit unless special
circumstances or conditions applying to the building or land in question
are peculiar to such property. Also, the granting of any conditional
use permit, variance or Zoning Map amendment or zoning ordinance text
amendment shall not impair the health, safety, morals, comfort, convenience
or welfare of the persons residing or working in the neighborhood
of such use or the public welfare of the persons residing or working
in the neighborhood of such use.
B. Such
regulations, restrictions, and boundaries may from time to time be
amended, supplemented, changed, modified or repealed. In case, however,
of a protest against such change 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 distant from the boundaries of the district
proposed to be changed, such amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of all the members
of the legislative body of such municipality. The provisions of Section
89.050, RSMo., relative to public hearing and official notice shall
apply equally to all changes or amendments.
[Ord. No. 2000-46 §1(28-01), 4-10-2000]
A. Conditional
use permits may be issued by the City Council upon receipt of a recommendation
to do so from the Planning and Zoning Commission. The conditional
use permit, once issued, may designate conditions and require guarantees
in the granting of use permits in the manner prescribed herein. Upon
receipt of the report of the Planning and Zoning Commission, the Council
may hold whatever public hearing it deems advisable and shall make
a decision upon the proposal to grant a conditional use permit. The
Planning and Zoning Commission shall not recommend the granting of
any conditional use permit and the Council shall not grant any application
unless they find the following facts:
1. There are special circumstances or unique conditions affecting the
land, building or use referred to in the application.
2. The granting of the application is necessary for the preservation
and enjoyment of substantial property rights.
3. The granting of the application will not materially affect adversely
the health or safety of persons residing or working in the neighborhood
of the property of the applicant and will not be materially detrimental
to the public welfare or injurious to property or improvements in
the neighborhood.
4. At the hearing, the applicant shall present a statement and evidence
in such form as the Planning and Zoning Commission may require to
show these facts.
[Ord. No. 2000-46 §1(28-02), 4-10-2000]
The City Clerk or Zoning Administrator shall make available
conditional use permit application forms, applications for variance
or amendments to a prospective applicant under this Article. Any use
permitted under such a conditional use permit shall conform to the
terms and conditions of the permit or may be subject to termination
by the City Council upon the gathering of facts regarding same at
a public hearing.
[Ord. No. 2000-46 §1(28-03), 4-10-2000; Ord. No. 2001-50 §1(28-03), 5-14-2001; Ord. No. 2014-40 §1, 8-11-2014]
A. Generally. The Board of Adjustment shall have the
power to approve or disapprove variances to the strict requirements
of the zoning regulations.
B. Variances.
1.
Such application for variance shall be limited to matters pertaining
to height of structures, setback requirements, easements, bulk, density
and area requirements.
2.
Also to location of easements or extension of roadways or sidewalks
within another public right-of-way.
3.
Variances shall be granted only as hereinafter provided and
shall not change or permit any use not otherwise permitted in a district.
4.
A written application to the Board which shall require the following:
a.
A public hearing with a public notice pursuant to law prior
to said hearing.
b.
Written findings by the Board of Adjustment as required by this
Article in granting said variance.
5.
After a public hearing, the Board of Adjustment may grant said
application upon written findings that said request is required on
the grounds of practical difficulties that show that the property
cannot be used for a permitted use without coming into conflict with
the restriction contained in the ordinance. The criteria to be considered
shall be:
a.
How substantial the variation is in relation to the requirement;
b.
The effect, if the variance is allowed, of the increased population
density thus produced on available governmental facilities (fire,
water, garbage and the like);
c.
Whether the substantial change will be produced in the character
of the neighborhood or a substantial detriment to adjoining properties
created;
d.
Whether the difficulty can be obviated by some method, feasible
for the applicant to pursue, other than a variance; and
e.
Whether in view of the manner in which the difficulty arose
and considering all of the above factors the interest of justice will
be served by allowing the variance.
C. Use Variances.
1.
Use variances shall be granted only as hereinafter provided.
Use variances may allow a use not otherwise permitted in a district.
2.
A written application to the Board which shall require the following:
a.
A public hearing with a public notice pursuant to law prior
to said hearing.
b.
Written finding by the Board of Adjustment as required by this
Article in granting said variance.
3.
After a public hearing, the Board of Adjustment may grant said
applicant upon written findings that said request is required on the
grounds of unnecessary hardship demonstrated by the following:
a.
The land in question cannot yield a reasonable return if used
only for a purpose allowed in that zone;
b.
The plight of the owner is due to unique circumstances and not
to the general conditions in the neighborhood which may reflect the
unreasonableness of the zoning ordinance itself; and
c.
The use to be authorized by variance will not alter the essential
character of the locality.
4.
The Board of Adjustment may grant said request after the findings
above set forth and put any reasonable restrictions, requirements
or condition upon said variance as deemed necessary or grant said
request and preserve the surrounding property values, neighborhood
character and community welfare.
[Ord. No. 2000-46 §1(28-04), 4-10-2000]
A. The
Planning and Zoning Commission may recommend, or the City Council
may initiate, a petition or appeal having the effect of a zoning ordinance
or map amendment. Such amendment may:
1. Transfer land or a portion thereof from the district in which it
is situated into another district by amendment to this Article.
2. Change any of the regulations of this Article as to the use or platting
of land in any district or as to the restrictions upon buildings or
structures and their placement thereon by amendment to this Article.
3. Any action of amending this Article by the City Council shall first
be reviewed by the Planning and Zoning Commission.
4. Such a Zoning Map or ordinance amendment may only be approved if
the following conditions are met:
a. It is apparent that a mechanical mistake was made when the Zoning
Map was approved.
b. At the time the City land use development plan was approved by the
City, a judgmental error was made.
c. Unforeseeable changes have occurred which have altered the City land
development plan and that plan has been amended.
d. The proposed rezoning changes the land use to one which is more consistent
with the land use plan.
[Ord. No. 2000-46 §1(28-05), 4-10-2000]
A. An
application for amendment, variance or conditional use permit shall
be filed with the City Clerk or Zoning Administrator in duplicate,
accompanied by a fee as determined by the City Council. The Clerk
or Zoning Administrator shall forward the application as appropriate:
1. An application for a Zoning Map or text amendment shall be submitted
to the Planning and Zoning Commission for review.
2. An application for a street change on the major street plan or for
a subdivision/plat review shall be submitted to the Planning and Zoning
Commission.
3. An application for a conditional use permit shall be submitted to
the Planning and Zoning Commission.
4. An application for a variance shall be submitted to the Board of
Adjustment.
B. The
Board of Adjustment or Planning and Zoning Commission, as appropriate,
shall schedule and give notice of the time and place of a public hearing
on the proposed exception or modification. Notice shall be given not
less than fifteen (15) days in advance of the hearing(s) by publishing
pertinent data regarding the amendment at least once in the official
newspaper and by notifying the property owners within one hundred
eighty-five (185) feet to the subject property at least ten (10) days
prior to the date of the hearing. The current City Assessor's tax
records shall be deemed sufficient for the location or certification
of ownership of said properties. Following the hearing, the Planning
and Zoning Commission shall transmit its recommendations on the application
to the City Council within thirty (30) days. Such recommendation shall
be in writing. On applications involving a request for a variance,
the decision of the Board of Adjustment is final and any appeal on
a variance must be made with the court of competent jurisdiction.
C. The
Council, upon receiving reports of the Planning and Zoning Commission
and without further public hearing, may vote upon the adoption of
the proposed exception or modification or it may refer it back to
the Planning and Zoning Commission for further consideration. In considering
any amendment, due allowance shall be made for existing conditions
for the conservation of property values, for the direction of building
development to the best advantage of the entire municipality and for
the uses to which the property affected is being devoted at the time;
no change on a Zone Map or text amendment shall be effective unless
or until three-fourths (¾) of all members of the Council concur
in its passage.
D. The
Planning and Zoning Commission and Council shall provide for a record
of their proceedings, which shall include the minutes of their meetings,
their findings and the action taken on each matter heard by them,
including final recommendation, decision and order.
[Ord. No. 2000-46 §1(28-06), 4-10-2000]
A. Any
person or persons, or any board, taxpayer, department, or bureau of
the municipality aggrieved by the decision of the Council may seek
remedy by the following methods:
1. In the case of an application for conditional use permit or zoning
amendment the applicant may appeal directly to the Circuit Court of
competent jurisdiction.
2. Appeals regarding the action(s) of the Zoning Administrator or in
matters regarding a variance, the aggrieved party shall appeal to
the Planning and Zoning Commission for dispensation. In the case where
a variance is before the Planning and Zoning Commission, the final
decision on the issuance or a denial of the variance request shall
rest with the Board of Adjustment.