[CC 1988 §25.141]
The subdivider of a proposed subdivision may appeal decisions
made in the enforcement of these regulations by the Coordinator to
the Planning and Zoning Commission and by the Planning Commission
to the Governing Body. Any such appeal shall provide a hearing de
novo. In the event the Governing Body sustains the Planning and Zoning
Commission, the action of the Planning and Zoning Commission shall
be final, except as otherwise provided by law. If the Governing Body
overrules the Planning and Zoning Commission, the Governing Body shall
make its decision, in writing, stating the reason therefore and, except
as provided in this Article, return such decision and plat to the
Planning and Zoning Commission for reapproval as required by law.
[CC 1988 §25.142]
Any appeal as to approval concerning standards or plans and
engineering drawings in connection with required improvements shall
be directed to the Board of Aldermen and that action shall be final.
[CC 1988 §25.143]
Any waiver of the required improvements may be by only the Governing
Body showing that such improvement is technically not feasible.
[CC 1988 §25.144]
A. In cases
in which there is unwarranted hardship in carrying out the literal
provisions of these regulations as to design criteria (e.g., lot width,
lot depth, block length, etc.), Planning and Zoning Commission may
grant a variance from such provision.
1. An application
for a variance shall be made to the Coordinator who shall transmit
the application to the Planning and Zoning Commission. The Planning
and Zoning Commission shall give the applicant and any other interested
person an opportunity to be heard with respect to the proposed application
for a variance.
2. The
Planning and Zoning Commission shall not grant a variance unless it
shall find that the strict application of these regulations will create
an unwarranted hardship, and unless the proposed variance is in harmony
with the intended purpose of these regulations and that the public
safety and welfare will be protected.
3. Variances permitted under the provisions of this Section shall not include variances from the requirements of making improvements required in Section
405.240 unless approved as provided for in Section
405.280, the standards of specifications thereof, nor from the provisions of the zoning ordinance of a City, except as to variances from minimum lot width and/or area requirements. Consideration of an application for a variance pursuant to this Section does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including zoning regulations) of the City relating to variances.
4. When
used in this Section, the term "unwarranted hardship" shall mean the complete deprivation of use as distinguished from
a mere inconvenience.
[CC 1988 §25.145]
A. When
a plat or subdivision is prepared in connection with a planned unit
development authorized by any legally adopted zoning regulation regulating
the same area, then the Planning and Zoning Commission may vary the
design standards contained in this Section to such extent as may be
necessary to permit the preparation of a planned development plan
in accordance with the standards, conditions and restrictions of such
zoning regulation.
1. The
Commission may authorize a variance from these regulations in case
of a plan for a complete community or neighborhood which, in the judgment
of the Commission, provides adequate public spaces and includes provisions
for efficient circulation, light and air and other needs. In making
its findings as required herein below, the Commission shall take into
account the nature of the proposed use of land and the existing use
of land in the vicinity, the number of persons to reside or work in
the proposed subdivision and the probable effect of the proposed subdivision
upon traffic conditions in the vicinity. The Commission shall find
that:
a. The
proposed project will constitute a desirable and stable community
development;
b. The
proposed project will be in harmony with the adjacent areas;
c. Adequate
provisions for park and playground areas are provided;
d. Through
traffic problems are adequately provided for and a majority of the
minor streets shall be so laid out as to discourage through traffic;
e. The
tract of land comprising the unit is twenty (20) acres or more; provided
however, that if the Planning and Zoning Commission expressly finds
that development is impracticable under the existing regulations,
a smaller tract may be provided;
f. All
structures will be used only for single-family dwellings, two-family
or multi-family dwellings together with the usual accessory buildings
such as garages, buildings for community activities and churches.
The average area per family within the unit, exclusive of areas occupied
by streets, is not less than the area per family required by the zoning
ordinance of the City of Eldon, Missouri, for the district in which
the unit is located; provided that in no case is the area per family
less than six thousand (6,000) square feet for detached single-family
dwellings;
g. The
lands and property adjacent to a community unit area will not be adversely
affected and that the plan will not adversely affect the health, safety
and welfare of the community;
h. Appropriate
restrictions have been submitted and are attached to the plat of the
area to maintain the use restrictions as approved in the case of an
approval by the Planning and Zoning Commission.
2. Application
for permission to use a tract of land as a planned unit development
shall be made by the owner or subdivider of the tract of land in writing,
together with a seventy-five dollar ($75.00) fee to defray posting
and publishing when the preliminary plat of the community or neighborhood
development unit is filed with the Planning and Zoning Commission.
The application shall state fully and clearly all the facts relied
upon by the applicant and shall be supplemented with maps, plans or
any other additional information which might aid the Planning and
Zoning Commission or which the Commission might require.
3. Planning and Zoning Commission actions. The Planning and
Zoning Commission shall hold a public hearing and may approve the
community or neighborhood unit development plan as submitted or may
approve it with modifications or may reject the plan altogether. The
recommendation of the Planning and Zoning Commission shall be reported
by the Secretary of the Commission to the Governing Body and the applicant
notified of the action of the Planning and Zoning Commission. Each
application shall be maintained in a separate file and made a part
of the permanent records of the Planning and Zoning Commission.
4. Board of Aldermen action. The Board of Aldermen shall act
upon the recommendation of the Planning and Zoning Commission and
shall conduct the same hearings and give the same notices as would
be given in the event such recommendations were an application for
rezoning. If the Board of Aldermen approves the plan or approves the
plan with modifications, building permits and certificates of occupancy
may be issued in conformity with the plan, even though such uses would
not ordinarily be allowed by the zoning regulations of the City of
Eldon, Missouri.
[CC 1988 §25.146]
A. The following
shall apply:
1. The
plat must be in three (3) dimensions relating vertical control to
City or U.S.G.S. datum.
2. A bench
mark must be set on or near the building at ground level for future
reference in locating units in the plat.
3. Each
floor plan of the permanent structure must be shown as well as basement
and roof levels and area of plot plan. The dimensions and ties shown
for each parcel must be definite enough with respect to both vertical
and horizontal control so that the boundaries of each apartment may
be accurately located by the use of standard survey methods.
4. All
unit or apartment property lines shall be the interior surfaces of
the perimeter walls, floor, ceiling, windows and doors thereof.
5. A condominium
plat must contain all of the certifications and approvals required
for any plat. There must also be an approval by the official authorized
to issue building, zoning or occupancy permits indicating that the
building plans have been approved by his/her office and a certification
by the architect that the plat is in agreement with the building plan.
[CC 1988 §25.147]
A. General Intent. The Planning and Zoning Commission hereby
delegates to and designates the Coordinator authority for approving
or disapproving lot splits in accordance with the following regulations.
B. Application Procedure. Requests for lot split approval shall
be made by the owner of the land to the Coordinator. Four (4) copies
of a drawing to scale of the lots involved if there are no structures
thereon, or if structures are located on any part of the lot being
split, four (4) copies of a survey of the lot(s) and the location
of the structure(s) thereon, together with the precise nature, location
and dimensions of the split, shall accompany the application. The
application shall be accompanied by the names and addresses of all
persons to receive notices. Written notices shall be given to all
owners of land within one hundred eighty-five (185) feet of the property
proposed to be split. Such owners shall have ten (10) days from the
date of notification to notify the Coordinator of any protests they
may have concerning the lot split. The ten (10) day waiting period
may be waived upon submission in writing of statements from those
to be notified that they have no objection to the proposed lot split.
C. Approval Guidelines. Approval or disapproval of lot splits
shall be made based on the following guidelines:
1. No lot
split shall be approved if:
a. A
new street or alley is needed or proposed.
b. A
vacation of streets, alleys, setback lines, access control or easements
is required or proposed.
c. If
such action will result in significant increases in service requirements,
e.g., utilities, schools, traffic controls, streets, etc., or will
interfere with maintaining existing service levels, e.g., additional
curb cuts, repaving, etc.
d. There
is less street rights-of-way than required by these regulations or
the Comprehensive Plan unless such dedication can be made by separate
instrument.
e. Old
easement requirements have not been satisfied.
f. If
such lot split will result in a tract without direct access to a street.
g. A
substandard-sized lot or parcel will be created.
2. The
Coordinator may make such additional requirements necessary to carry
out the intent and purpose of existing land development regulations
and Governing Body policy. Requirements may include, but not be limited
to, installation of public facilities, dedication of rights-of-way
and easements, and submission of covenants for the protection of other
landowners in the original subdivision.
3. The
Coordinator shall, in writing, either approve or disapprove, with
or without conditions, the lot split within thirty (30) days of application.
If approved and after all conditions have been met, he/she shall sign
and furnish a certificate of approval to be affixed to the lot split
survey, and certified copy thereof shall be filed with the County
Recorder of Deeds and a copy shall be furnished to the applicant.
[Ord. No. 2012-03 §1, 2-28-2012]
A. General Intent. The Planning and Zoning Commission ("Commission")
shall hear and make a recommendation to the Board of Aldermen that
a lot combination, as provided in this Section, be approved or disapproved,
it being understood that the Board of Aldermen shall have the authority
for either approving or disapproving a lot combination pursuant to
this Section.
B. Application Procedure. Lot combination applications shall
be made by the owner of the land to the Planning and Zoning Coordinator
("Coordinator"). The application, fees and all information will need
to be completed and submitted to the Coordinator. If the application
is not complete or information is missing, the application will be
returned to the applicant and delay this process. A proper application
must include the following:
1. The application fee. See Section
400.290 fees.
2. Four
(4) copies of a drawing to scale of the lots involved if there are
no structures thereon, or if structures are located on any part of
the lot being combined.
3. Four
(4) copies of a survey of the lot(s) and the location of the structure(s)
thereon, together with the precise nature, location and dimensions
of the combination, shall accompany the application.
4. The
application shall be accompanied by the names and addresses of all
persons to receive notices. Written notices shall be given to all
owners of land within one hundred eighty-five (185) feet of the property
proposed to be combined.
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Once all application requirements have been satisfied, the Coordinator
shall prepare the application together with all relevant information
and provide this information to the Commission, together with the
Coordinator's recommendation, and the matter shall then be set on
the Commission's next regularly scheduled meeting and the Coordinator
shall provide notice as required under this Chapter.
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C. Approval Guidelines. Approval or disapproval of lot combinations
shall be made based on the following guidelines:
1. No lot
combination shall be approved if:
a. A
new street or alley is needed or proposed.
b. A
change in zoning is proposed or needed.
c. A
vacation of streets, alleys, setback lines, access control or easements
is required or proposed.
d. A
variance in setbacks, building structures, use or any other land use
regulation is proposed or needed.
e. If
such action will result in significant increases in service requirements,
e.g., utilities, schools, traffic controls, streets, etc., or will
interfere with maintaining existing service levels, e.g., additional
curb cuts, repaving, etc.
f. There
are less street rights-of-way than required by these regulations or
the Comprehensive Plan unless such dedication can be made by separate
instrument.
g. Easement
requirements have not been satisfied.
h. If
such lot combination will result in a tract without direct access
to a street.
i. A
substandard-sized lot or parcel will be created.
j. If
any provision of the Eldon City Code, the laws of the State of Missouri,
or Federal law would be violated by the proposed lot combination.
2. The
Planning and Zoning Commission may make such additional requirements
and/or conditions as may be necessary to carry out the intent and
purpose of existing land development regulations and Governing Body
policy. Requirements may include, but not be limited to, installation
of public facilities, dedication of rights-of-way and easements, and
submission of covenants for the protection of other landowners in
the original subdivision.
3. The
Planning and Zoning Commission shall, after a hearing on the matter,
make their recommendation in writing for either approval or disapproval
to the Board of Aldermen. If the Board of Aldermen shall approve the
lot combination and after all conditions have been met, the Coordinator
shall sign and furnish a certificate of approval to be affixed to
the lot combination survey, and certified copy thereof shall be filed
with the County Recorder of Deeds and a copy shall be furnished to
the applicant.
[CC 1988 §25.148]
A. The Coordinator,
as delegated by the Planning and Zoning Commission, may authorize
a variance from these regulations when a resubdivision of an approved
or recorded subdivision of not more than five (5) lots is submitted,
provided such resubdivision meets the minimum standards of these regulations
and, provided further, that separate abstracts and lot surveys are
drawn to fit the re-subdivided lots.
B. Replats
of existing subdivisions of over five (5) lots in a recorded plat
shall be processed in the same manner as if it were a new subdivision.
[CC 1988 §25.150]
Septic tanks and filtration beds can be constructed only after
the site has been inspected and the plans and specifications for the
construction of the same approved by the Coordinator of the City of
Eldon as conforming to the sanitary code of the Division of Public
Health of Missouri.
[CC 1988 §25.160]
No plat of any subdivision shall be entitled to be recorded
in the County Recorder's office or have any validity until the plat
thereof has been prepared, approved and acknowledged in the manner
herein presented. Recording of plat approved in the manner herein
prescribed shall be conclusive evidence of validity of the plat.
[CC 1988 §25.170]
After November 15, 1982, no public improvements shall be made
or permitted in any area that has been subdivided or upon any street
that has been platted after October 26, 1982, unless such subdivision
or street has been approved and recorded in accordance with the provisions
contained herein.
[CC 1988 §25.180]
No plat of any subdivision of land within the City shall be
accepted or approved by the Commission or by the Coordinator if the
streets, avenues or alleys in said addition or subdivision are improved
or sewers are constructed or improvements of a public nature are made
in a manner not complying with the plans and specifications fixed
by the Coordinator of the doing of work, or the making of improvements
of that character, at the time such work or improvement was begun,
and if such improvements are not made under the supervision and inspection
of the City.
[CC 1988 §25.190]
No street, avenue, alley or public highway which has been improved
shall hereafter be accepted by the Commission, the Coordinator, or
by any other officer or officers of the City unless such improvements
were constructed according to the plans and specifications then in
force for the doing of such work or making such improvement at the
time the work making of such improvement was begun, and unless such
improvements were constructed under the supervision and inspection
of the city, except streets acquired through extension of the City
limits.
[CC 1988 §25.200]
The Coordinator or the Commission, upon the request of the subdivider,
may grant limited approval to subdivisions outside the City limits
of Eldon, provided the subdivision meets the minimum requirements
of these regulations. Such limited approval shall be endorsed on the
plat before recording.
[CC 1988 §25.210]
It shall be unlawful for any person, firm or corporation owning
an addition or subdivision of land within the City to represent that
any improvements upon any of the streets, alleys or avenues of said
addition or subdivision or any sewer in said addition or subdivision
has been constructed according to the plans and specifications approved
by the Coordinator, or has been supervised or inspected by him/her,
when such improvement is not so constructed, supervised or inspected.
[CC 1988 §25.220]
Any persons violating the provisions of this Chapter shall be guilty of a misdemeanor and shall be subject to a fine as set forth in Section
100.130 of this Code.
[CC 1988 §25.230]
If any Section, Subsection, sentence, clause or phrase of this
Chapter or the application thereof to any person is for any reason
held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Chapter.
[CC 1988 §25.240]
This Chapter may be amended at any time after the Planning and
Zoning Commission shall have held a public hearing on the proposed
amendment. A notice of such public hearing shall be published in the
official City newspaper. At or after such public hearing is held,
the Planning and Zoning Commission may adopt such amendments, but
such amendments shall not become effective until approval by the Board
of Aldermen of the City of Eldon.