[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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).
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.
[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.
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.
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.
[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.
