City of Fair Grove, MO Article III Administrative Procedures

Section 405.110 Administration.

[Ord. No. 06-04-01 §301, 4-25-2006]

A. Compliance Authority (Planning And Zoning Secretary). The Board of Aldermen shall designate a City employee to administer and ensure compliance of this Chapter. Unless otherwise provided for in this Chapter, the Planning and Zoning Secretary shall have the following responsibilities:

1. Receive applications for zoning (rezonings), variances and appeals and for amendments to this Chapter. City Inspector shall authorize building permits, occupancy permits, sign permits and other permits as required by this Chapter.

2. 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.

3. Maintain records of official actions of the Planning and Zoning Commission.

B. Inspection And Right Of Entry.

1. Inspections authorized. The City Building Inspector is 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 premise 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.

Section 405.120 Enforcement and Penalties.

[Ord. No. 06-04-01 §302, 4-25-2006]

A. Persons Liable. Any person, firm, partnership or corporation who fails to comply with or violates any of the regulations in this Chapter may be held responsible for the violation and be subject to the penalties and remedies herein provided.

B. Stop Work Order. Whenever any work is being done on any property within the corporate limits of Fair Grove that is in violation of the requirements of this Chapter, the City may order the work to be stopped 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.

C. Penalties.

1. Pursuant to the provisions of Section 89.120, RSMo., violations of this Chapter or failure to comply with any of its requirements shall constitute an offense, punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty ($250.00) 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.

2. Each day that any such violation continues after written notification by the City, delivered by certified mail, that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified herein.

D. Civil Enforcement. Any person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). Appropriate actions and proceedings may be taken by law or in equity pursuant to Section 89.120, RSMo., to prevent any violation of these regulations, to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or land or to prevent any illegal conduct, business or use in or about such premises and these remedies shall be in addition to the penalties described above.

Section 405.130 Board of Adjustment.

[Ord. No. 06-04-01 §304, 4-25-2006]

A. Membership Of The Board Of Adjustment. The Board of Adjustment for the City of Fair Grove shall consist of five (5) members, all of whom shall be residents of Fair Grove 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 (1st) 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 to 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 the number of members equal to four-fifths (4/5) of the regular Board membership, excluding vacant seats. A member who has withdrawn from the proceedings without an excuse, as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum. 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 regular Board membership (excluding vacant seats) 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 Subsection (F)(3) or has been allowed to withdraw in accordance with Subsection (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.

Section 405.140 Appeals.

[Ord. No. 06-04-01 §605, 4-25-2006]

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, by 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 Fair Grove 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 405.190.

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.

Section 405.150 Variances.

[Ord. No. 06-04-01 §306, 4-25-2006]

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 Subsection (C). A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of certain provisions of this Chapter would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship.

B. 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 Ordinance would result in practical difficulties or undue hardship for the applicant and, by granting the variance, the spirit of the Ordinance 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 affirmatively in writing that each of the following requirements are met:

1. The particular physical surroundings, shape or topographical condition of the specific property involved would result in undue hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out;

2. The conditions of which the applicant complains is one suffered by the applicant and would not be applicable to other property in the same zoning classification;

3. The property in question cannot yield a reasonable return or the applicant cannot make reasonable use of his/her property if strict compliance with the regulations is required;

4. The hardship relates to the applicant's land, rather than personal circumstances;

5. The alleged hardship has not been created by any person presently having an interest in the property;

6. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and

7. The variance will not nullify the intent and purpose of the Fair Grove Zoning Regulations and the Fair Grove Comprehensive Plan.

D. Application For Variance. An application for a variance shall be submitted to the City Clerk. 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 405.190.

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 seven (7) required findings stated in Subsection (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 seven (7) requirements set forth in Subsection (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.

Section 405.160 Recordation of Order of The Board of Adjustment.

[Ord. No. 06-04-01 §307, 4-25-2006]

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 (30) day period.

Section 405.170 Judicial Review — Board of Adjustment Action.

[Ord. No. 06-04-01 §308, 4-25-2006]

Any person aggrieved by any decision of the Board of Adjustment made under the provisions of this Article may seek judicial review of such decision in accordance with the provisions of Section 89.110, RSMo.

Section 405.180 Amendments.

[Ord. No. 06-04-01 §309, 4-25-2006]

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 Fair Grove citizen, property owner organization or governmental body. Applications for amendments initiated by the Commission or the Board of Aldermen shall be accompanied by a motion of such body pertaining to the proposed amendment.

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 thirty (30) 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 Clerk 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 amendments to the zoning regulations text:

a. The name, address and phone number of the applicant.

b. The Section of the text of the Zoning Regulations proposed to be amended.

c. The wording of the proposed text amendment.

d. An identification of any property owned, controlled or occupied by the applicant that would benefit from the proposed amendment.

e. An explanation of the extent to which other properties in the City that are subject to the regulations would be affected by the proposed amendment.

f. Such additional information that the Commission may, by rule, require.

D. Actions By The Commission.

1. Public hearing. The Commission shall hold a public hearing on all proposed amendments. Notice of public hearing shall be given in accordance with the provisions of Section 405.190. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.

2. Commission recommendations. Within thirty (30) days of the public hearing, except when the applicant requests that the amendment be postponed, 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 the applicant or his/her agent did not appear at the public hearing before the Commission and present evidence in regard to the applicant's request for the proposed amendment.

E. Actions By The Board Of Aldermen.

1. Commission report. The Board of Aldermen shall take no action on a proposed amendment until the report or recommendations of the Commission has been submitted. A scheduled meeting shall be held by the Board of Aldermen to take action on the proposed amendment.

2. Protest petitions. In case of a protest against such change or amendments 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 feet (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.

Section 405.190 Notice of Public Hearing.

[Ord. No. 06-04-01 §310, 4-25-2006]

A. Board Of Adjustment Public Hearings. Notice of public hearing before the Board of Adjustment on any request, appeal or variance shall be in accordance with the following:

1. Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Fair Grove at least fifteen (15) days prior to said hearing.

2. Notice of public hearing shall be posted in two (2) conspicuous places on the subject property not less than ten (10) days prior to the public hearing.

3. Notice of public hearing shall be provided by first class mail to the record owners of property within two hundred fifty (250) feet of the subject property.

B. Planning And Zoning Commission Public Hearings.

1. Rezonings and conditional use permits. Notice of public hearing before the Commission on rezonings and conditional use permits shall be in accordance with the following:

a. Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Fair Grove at least fifteen (15) days prior to said hearing.

b. Notice of public hearing shall be posted in two (2) conspicuous places on the subject property not less than ten (10) days prior to the public hearing.

c. Notice of public hearing shall be provided by first class mail to the owner of record per Greene County Assessor website on property within two hundred fifty (250) feet of the subject property.

2. Text amendments. Notice of public hearing before the Commission on any amendment to the text of these regulations shall be given by publications in a newspaper of general circulation in the City of Fair Grove at least fifteen (15) days prior to said hearing.

C. Contents Of Public Hearing Notice. All notices of public hearing required by this Article 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.

D. Party Responsible For Public Notice. The City shall be responsible for providing newspaper and mail notice of all hearings required pursuant to this Section. The applicant shall be responsible for the posting of notices on the subject property. Said signs shall be provided by the City and a deposit shall be required on said signs. The applicant shall be charged for the costs incurred to provide public notice.

E. Substantial Compliance Of Public Notice. With respect to the mailing of notices of public hearing, which are considered directory and not mandatory, substantial compliance with such provisions shall be deemed to constitute proper notice.

Section 405.200 Conditional Uses.

[Ord. No. 06-04-01 §311, 4-25-2006]

A. Conditional Uses Permitted. Any use permitted as a conditional use in Article V shall be regulated by the following conditions.

B. Application. An application for a conditional use permit shall be submitted to the Planning and Zoning Commission by filing a copy of the application with the City Clerk at least thirty (30) working days prior to the public hearing before the Commission. The Clerk shall transmit the application and all papers and materials constituting the record to the Planning and Zoning Commission. The application for conditional use permit shall include the following information:

1. Applicant's name, 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 how the proposed use will comply with the applicable standards of Subsection (F).

7. Statement identifying any potentially adverse effects and how the conditional use will be designed, arranged and operated to ensure that the conditional use will not cause harm to the community and that the value, use and reasonable enjoyment of surrounding property will not be adversely affected.

8. Site Plan, in accordance with the requirements of Section 405.210.

C. Commission Action On Conditional Use Permit. The Planning and Zoning Commission shall hear evidence concerning the proposed conditional use at a public hearing. Notification of public hearing shall be made in accordance with the requirements of Section 405.190(B). The Planning and Zoning Commission shall make a recommendation to the Board of Aldermen that the conditional use permit either be approved, approved with specific conditions or denied.

D. Board Of Aldermen Action On Conditional Use Permit.

1. Commission report. The Board of Aldermen shall take no action on a proposed conditional use permit until the report or recommendations of the Commission has been submitted. A scheduled meeting shall be held by the Board of Aldermen to take action on the proposed conditional use permit.

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. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Subsection (F) 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.

E. 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 Subsection (B).

F. Conditional Use Standards. A conditional use permit shall be granted only if evidence is presented at the public hearing 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 Fair Grove Comprehensive Plan and the Fair Grove Zoning Regulations.

2. The conditional use will not generate noise that exceeds the sound levels that are typical of uses permitted in the district.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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 Fair Grove.

G. 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 standards of Subsection (F), telecommunications facilities and towers permitted as conditional uses in any zoning district shall also comply with the standards set forth in Section 405.410(D).

3. Exemptions. An antenna and tower for the following uses are exempt from these requirements and are permitted uses in any district if accessory to a permitted use and if they comply with the applicable regulations of the district in which situated (see Article VI).

a. Ham radios.

b. Citizen band radios.

4. Application contents. An application for approval of a conditional use permit for a new tower shall include the following in addition to the application requirements of Subsection (B):

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.

5. 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.

Section 405.210 Required Plans.

[Ord. No. 06-04-01 §312, 4-25-2006]

A. Plot Plan. All applications for Building Permits 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. In addition, all buildings or structures to be erected shall be staked out on the site.

1. Dimensions of the lot to be built upon or used.

2. Dimensions of the building or structure to be erected (area and height) and location on the lot.

3. Any other information as may be necessary to determine compliance with the provisions of this Chapter.

B. Construction Plans. A copy of the construction plans must be submitted with plot plan and approved prior to obtaining a building permit.

C. Site Plan.

1. 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.

2. Developments requiring a site plan. Unless otherwise exempted by Subsection (C)(3), a site plan is required for any permitted or conditional use or for any planned development in any zoning district.

3. Exemptions. The following developments and uses shall not require a site plan.

a. Construction of or additions to a single-family or duplex dwelling on a lot of record.

b. Construction of or addition to any permitted accessory use on a single-family or duplex dwelling lot of record.

c. Remodeling or a building or structure if no enlargement or expansion is involved.

d. Any temporary use permitted by this Chapter.

4. Site plan application. An application and two (2) paper copies and one (1) electronic copy of the site plan shall be submitted to the City no less than fifteen (15) days prior to the Commission meeting at which the site plan will be reviewed. 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:

[Ord. No. 107 §1, 4-28-2015]

a. Applicant's name, address and legal interest in the property.

b. Owner's name, address and owner's signed consent to the filing of the application.

c. Street address or common description of the property.

d. Legal description of the property.

e. Zoning classification and boundary lines, present use of the property and proposed uses.

f. The location and widths of all existing, platted or proposed streets, other public rights-of-way, easements and railroad lines which are within or adjacent to the property.

g. The location and size of existing and proposed public water and sewer utilities on and adjacent to the site.

h. The location and size of existing and proposed drainage facilities, including culverts, drains, catch basins or any other drainage facility.

i. The location and arrangement of all existing and proposed buildings and computations showing height in stories and feet, total square feet of ground area coverage and number of dwelling units.

j. If applicable, the location, size and arrangement of proposed outdoor signs.

k. The location and height of proposed screening/buffering and types of materials to be used.

l. If applicable, the location and total area of proposed usable open space.

m. Any significant natural, topographical or physical features of the property, including water courses, rock outcrops and significant stands of trees or other vegetation.

n. Any other information that may be determined necessary by the City to determine compliance with this Chapter and the platting requirements of the Fair Grove Subdivision Regulations.

5. Site plan review process.

a. Commission review. The Commission shall review the site plan and shall make its determination based on the standards for site plan review in accordance with Subsection (C)(6). The Commission may approve the site plan, approve the site plan subject to specific modifications or disapprove the site plan. The Commission shall have sixty (60) days to take action on the site plan. If no action is taken within the sixty (60) day time period, the site plan shall be deemed to be approved. The decision of the Commission is final unless appealed to the Board of Aldermen.

b. 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 Subsection (C)(6).

c. Effect of site plan approval. Approval of the site plan or of the site plan with modifications acceptable to the applicant, shall authorize the continued processing of applications for any further permits which may be required by this Chapter or any other ordinances of the City, including approvals such as a building permit, a certificate of occupancy or a conditional use permit. A site plan approval shall be valid for a period no longer than eighteen (18) months from the date of approval unless a building permit is issued and construction begun within the eighteen (18) month period.

6. Site plan review standards. Site plans shall be reviewed and approved unless it is found in writing that:

a. 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.

b. The site plan will result in unauthorized encroachment on an easement, roadway, utility or public or private right-of-way.

c. 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.

d. The proposed site plan does or will create specific drainage or erosion problems.

e. 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.

f. 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.

D. Construction Plans. Upon approval of site plan (3) copies of the construction plan must be submitted and approved prior to obtaining a building permit.

Section 405.220 Permits.

[Ord. No. 06-04-01 §313, 4-25-2006]

A. Building Permit. It shall be unlawful to start the construction of a new building, structure or sign or the enlargement or structural alteration of an existing building structure or sign, without first applying for and receiving a building permit from the City. No building permit shall be issued unless the City Building Inspector has reviewed the plot plan or site plan if required and construction plans and has certified that such plans are in compliance with all applicable provisions of this Chapter.

B. Certificate Of Occupancy. 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.

1. Application for certificate of occupancy shall be submitted to the City. Following submittal of the application, the City Building Inspector shall cause the building or structure to be inspected, if necessary and shall certify to the City that one (1) of the following actions be taken:

a. If all work has been completed and the building, structure or premises is in compliance with all applicable provisions of this Article and other applicable provisions of this Chapter and other City codes, the issuance of 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 Building Inspector.

b. If all work has not been completed or the structure, building or premises is not in compliance with the applicable provisions of this Chapter and other City codes, written notice shall be made to the applicant informing the reasons why the certificate of occupancy cannot be issued, citing either the applicable City codes or other work that must be completed.

C. Sign Permit.

1. Sign permit required. Except as otherwise provided in Article XI, no sign shall be erected, moved, enlarged, illuminated or substantially altered without first obtaining a sign permit for each sign. Sign permits shall not be required for routine maintenance, repainting or changing the message on a sign.

2. Sign permit for multiple occupants. In the case of a lot occupied or intended to be occupied by multiple businesses, such as a shopping center, sign permits shall be issued in the name of the lot owner or authorized agent rather than in the name of the individual business. The City shall be responsible for enforcing only the provisions of this Article and not the provisions of any private allocation formula, lease or restriction.

3. Sign permit applications. Application for a sign permit shall be made to the City. The applicant shall submit all such information necessary to determine compliance with all appropriate regulations and laws of the City including, but not limited to, the following:

a. Name, address and business license number of applicant.

b. Name and address of sign owner.

c. Name and address of the owner and the occupant of the premises where the sign is to be located.

d. Legible drawings with description showing precise location of the sign and all other existing signs on the same premise; drawings showing dimensions, construction supports, sizes, materials of the sign, method of attachment and character of structural members to which the sign will be attached.

4. Issuance of permit, denial or revocation. Upon review by the Administrative Official, the City shall issue a sign permit when the application therefore has been properly made and the proposed sign complies with all appropriate regulations. The City may suspend, deny or revoke a permit whenever the permit is issued on the basis of misstatement of fact, fraud or non-compliance with this Article. When a sign permit is denied, revoked or suspended, the City shall give written notice to the applicant, along with a written statement of the reason for the denial.

5. Permit period. Every 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 (½) of the original fee, provided that no changes have been made in the original plans.

D. Grading/Excavation.

1. One (1) acre or more, land disturbance permit from DNR to be on file with the City Engineer and City of Fair Grove before any person shall engage in any excavation, grading, dislocation or relocation of any material in connection with any construction, development or alteration of land, structures, utilities or public improvements within the City limits. Any such excavation, grading, dislocation or relocation of material for which a land disturbance permit is required shall be in compliance with the requirements of any applicable City code.

2. Five (5) acres or more, sedimentation erosion control plan and land disturbance permit from DNR required to be on file with the City Engineer and City of Fair Grove before any person shall engage in any excavation, grading, dislocation or relocation of any material in connection with any construction, development or alteration of land, structures, utilities or public improvements within the City limits. Any such excavation, grading, dislocation or relocation of material for which a land disturbance permit is required shall be in compliance with the requirements of any applicable City code.

3. Exemptions. The following construction is exempt from the grading permit requirements:

a. The following activities provided they are not located within twenty-five (25) feet of a spring, sinkhole, wetland or watercourse:

(1) Gardening or landscaping.

(2) Grading and repair of existing roads or driveways, unless otherwise required by the Fair Grove Subdivision Regulations.

(3) Cleaning and routine maintenance of roadside ditches or utilities.

(4) Utility construction where the actual trench width is two (2) feet or less and total area is less than one (1) acre.

b. Emergency construction required to repair or replace roads, utilities or other improvements affecting the general health, safety and welfare of the citizens. In such event, the company or utility conducting the emergency repair shall notify the City within twenty-four (24) hours of the repair work.

E. Utility Installation And Notification.

1. Unless otherwise required to obtain a grading or excavation permit for the installation of underground telephone, cable, electric or other similar utility service, all utility service providers shall notify City of Fair Grove before installation of said service facilities within the City limits. However, in the case of emergency repairs necessary to prevent loss or damage to persons or property, the service provider must notify the City within twenty-four (24) hours of such repair work.

2. Upon completion of the utility installation, the applicant shall submit to the City a sketch map showing the location, depth and distance from property lines for any cable or pipeline installed.