Editor's Note — See the Editor's Note at the beginning
of Title IV.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Subject
to the requirements of this Chapter, the use made of vacant property
may not be substantially changed, through the clearing, grading or
excavation of any land, nor may any buildings, accessory structures,
streets, curbs and gutters, sidewalks or utilities be constructed,
erected, installed, moved or substantially altered, except in accordance
with and pursuant to approval of one (1) of the following types of
applications:
1.
A zoning
permit that is approved by the Land Use Administrator. Application
fee is fifty dollars ($50.00).
2.
A conditional
use permit that is reviewed by the Planning and Zoning Commission
and approved by the Board of Aldermen. Application fee is eighty-five
dollars ($85.00).
3.
A minor subdivision plat that is approved by the Land Use Administrator. (Fees see Section 407.015.)
4.
A major subdivision plat that is reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. (Fees see Section 407.015.)
5.
A change
of zoning district that is reviewed by the Planning and Zoning Commission
and approved by the Board of Aldermen. Application fee is eighty-five
dollars ($85.00).
B.
Zoning
permits and conditional use permits are issued under this regulation
only when a review of the application submitted, including the plans
contained therein, indicate that the development will comply with
the provisions of this regulation and is completed as proposed. Such
plans and applications as are finally approved are incorporated into
any permit issued and, except as otherwise provided for in this regulation,
all developments shall occur strictly in accordance with such approved
plans and applications.
C.
Physical
improvements to land to be subdivided, including the installation
of utilities and construction of streets, may not commence until the
master plan, final plat, engineered plans and specifications have
been reviewed and approved in accordance with all the requirements
of these regulations.
D.
Permits shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority for the permits listed in Section 406.001(A).
E.
Application
fees shall be paid at the time of filing and made out to the order
of "City of St. Robert" in the form of a money order or personal check.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
The process of obtaining a building permit is a separate permit
process governed by the provisions of the adopted Building Codes of
St. Robert and administered through the City Building Department.
No building permits shall be issued for the construction of any residential
or non-residential building until all supporting infrastructure improvements
(streets, drainage, water, sewer, street lights and sidewalks) to
the lot(s) served are completed in their entirety for that phase of
development.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Applications
will be accepted only from persons having the legal authority to take
action in accordance with the permit approval. In general, this means
that applications shall be made by the owners of property or their
designated agents or persons who have contracted to purchase property
contingent upon their ability to acquire the necessary permits under
this Chapter or the agents of such persons (who may make application
in the name of such owners, lessees or contract vendees).
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
All zoning
applications must be complete and the appropriate filing fee paid
before the permit application will be accepted for formal processing
and review.
B.
Subject to Subsection (C), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Chapter.
C.
Detailed
or technical design drawings and construction specifications relating
to various types of improvements (such as streets, sidewalks, utilities,
etc.) are set forth in the St. Robert Infrastructure Development Regulations.
D.
No construction
work on any development covered by one (1) or more of these Chapters
may commence until the necessary plans and specifications have been
submitted to and approved by the City. Failure to observe this requirement
may result in permit revocation, denial of final subdivision plat
approval or other penalty as provided for in this regulation.
E.
The presumption
established by this Chapter is that all of the information set forth
in succeeding Chapters of this regulation is necessary to satisfy
the requirements of this Section. However, it is recognized that each
development is unique and therefore the permit issuing authority may
allow less information or require more information to be submitted
according to the needs of the particular case. For applications submitted
to the Planning and Zoning Commission or Board of Aldermen, the applicant
may rely in the first (1st) instance on the recommendations of the
Land Use Administrator as to whether more or less information than
that set forth in other Chapters of this regulation should be submitted.
F.
The Land
Use Administrator shall develop application forms, instructional sheets,
development checklists or other techniques or devices to assist applicants
in understanding the application requirements and the form and type
of information that must be submitted. Where a minimal amount of information
is necessary to enable the Administrator to determine compliance with
this Chapter, such as applications for zoning permits and conditional
use permits, the Administrator shall develop standard forms that will
expedite the submission of the necessary plans and other required
information.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
To minimize development planning and construction costs, avoid
misunderstanding or misinterpretation of regulatory criteria and ensure
compliance with the requirements of this regulation, pre-development
consultation between the applicant and the Public Works, Building
and Land Use Departments is required prior to the formal submission
of any application for which development activities will take place.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Upon
receipt of a formal zoning application, the Land Use Administrator
shall review the application and confer with the applicant to ensure
that he understands the Administrator's interpretation of the applicable
requirements of this Chapter, that he has submitted all of the information
that he intends to submit, and that the application represents precisely
and completely what he proposed to do.
B.
The Land Use Administrator shall place the application on the agenda of the Planning and Zoning Commission when the applicant indicates that the application is as complete as he intends to make it. However, as provided in Section 406.029 (Commission Review of Applications for Conditional Use Permits) if the Administrator believes that the application is incomplete, he shall recommend to the Planning and Zoning Commission that the application be tabled on that basis until the application is made complete.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The burden
of presenting a complete application shall be upon the applicant.
However, unless the applicant is informed prior to the meetings or
hearings in what way the application is incomplete and is offered
an opportunity to complete the application (either at the meeting
or at a continuation meeting or hearing), the application shall be
presumed to be complete.
B.
Once
a completed application has been submitted, the burden of presenting
evidence to the Planning and Zoning Commission and the Board of Aldermen
sufficient for the respective members to conclude that the application
should be denied shall be upon the party or parties urging this position.
C.
The burden
of persuasion on the issue of whether development, if completed as
proposed, will comply with the requirements of this regulation remains
at all times on the applicant. The burden of persuasion on the issue
whether the application should be turned down rests on the party or
parties urging that the requested permit should be denied.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
If either
of the following situations occur, zoning permits shall expire automatically
one (1) year after the approval of such application and conditional
use permits shall expire automatically two (2) years after the approval
of such application.
1.
When
the use authorized by such permits has not commenced in circumstances
where no substantial construction, erection, alteration, excavation,
demolition or similar work is necessary before commencement of such
use, or
2.
Less
than ten percent (10%) of the total cost of all construction, erection,
alteration, excavation, demolition or similar work on any development
authorized by such permits has been completed on the site. With respect
to phased developments, this requirement shall apply only to the first
(1st) phase.
B.
If, after
some physical alteration to land or structures begins to take place,
such work is discontinued for a period of one (1) year, then the permit
authorizing such work shall immediately expire.
C.
The Land Use Administrator may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to Subsections (A) or (B) if it concludes that:
1.
The
permit has not yet expired,
2.
The
permit recipient has proceeded with due diligence and in good faith,
and
3.
Conditions
have not changed substantially as to warrant a new application. Successive
extensions may be granted without resort to the formal processes and
fees required for a new permit.
D.
For purposes
of this Section, a conditional use permit is deemed issued when the
Board of Aldermen votes to approve the application and authorize the
development.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Minor
deviations from the permit (including deviations from the approved
plans) issued are permissible and the Land Use Administrator may authorize
such insignificant deviations. Such permission may be obtained without
a formal application, public hearing or payment of any additional
fee. For purposes of this Section, minor design modifications or changes
are those that have no substantial impact on neighboring properties,
the general public or those intended to occupy or use the proposed
development.
B.
All other requests for changes to approved plans will be processed as new applications. During its review of the new application, the Board of Aldermen may impose new conditions, in accordance with Section 406.027 (Additional Requirements on Conditional Use Permits), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
D.
A developer
requesting approval of changes, other than minor deviations, shall
submit a written request for such approval to the Land Use Administrator
and that request shall identify the changes. Approval of all changes
must be given in writing.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
The developer has the duty of compliance with reasonable conditions
laid down by the Commission and the Aldermen for the design, dedication,
improvement and restrictive use of the land so as to conform to the
physical and economical development of the City and to promote the
safety and general welfare of the future lot owners in residential
and non-residential subdivisions and of the community at large; the
subdivision of land being a privilege conferred through these regulations.
The recipient or successor of any zoning permit or conditional use
permit shall be responsible for maintaining all common areas, improvements,
infrastructures or facilities required by this regulation, or any
permit issued in accordance with its provisions, until such time as
the offer of dedication to the public has been accepted by the Board
of Aldermen. As illustrations and without limiting the generality
of the foregoing, this means that streets and parking areas, water
and sewer lines and recreational facilities must be properly maintained
so that they can be used in the manner intended; and any vegetation
and trees required by this regulation for screening or shading must
be replaced if they die or are destroyed.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
When
the development of a lot, tract, parcel or subdivision requires the
construction of streets, drainage structures, water, sewer, street
lights and sidewalks, the developer shall be required by the City
to provide the following two (2) types of agreements to the City prior
to any improvements being started:
1.
Construction agreement. A construction agreement will be
filed with the City of St. Robert outlining the type of surety that
will be posted on behalf of the City that will ensure all public improvements
will be completed as planned to support the development. The agreement
will specify the type of surety the developer will provide and shall
be in the sum of one hundred percent (100%) of the estimated cost
of construction for the infrastructure improvements. One (1) of the
following types of sureties will be provided to indemnify the City
of St. Robert:
2.
Maintenance agreement. To protect the City from infrastructure
improvements that may suffer from design defects and/or failures in
workmanship, a maintenance agreement will be filed with the City of
St. Robert after all infrastructure improvements have been completed
that support the development. The agreement will specify the type
of surety the developer will provide and shall be in the sum of ten
percent (10%) of the actual costs of construction for the infrastructure
improvements. The maintenance deposit agreement shall be held for
a period of twelve (12) months. One (1) of the following types of
sureties will be provided to indemnify the City of St. Robert:
B.
Performance Bond/Irrevocable Letter Of Credit. The possibility
of insolvency of a developer during the construction of subdivision
improvements will most likely result in delayed project completion
and additional expenses for a completion contractor to finish the
work. For this reason, the City may require developers to provide
a bond or irrevocable letter of credit from a bank, bonding or surety
company so that the City of St. Robert can recover damages it may
sustain as a result of the developer's default up to the estimated
cost of construction for the improvements.
C.
Maintenance Bond. Maintenance bonds are required after
construction of infrastructure improvements are completed to guarantee
the performance of improvements. Maintenance bonds indemnify the City
against design defects and/or failures in workmanship and to guarantee
that infrastructure constructed will be regularly and adequately maintained
throughout the warranty period. Maintenance bonds are limited to a
period of twelve (12) months, after which time the responsibility
for maintenance of the infrastructure improvements will be transferred
to the City of St. Robert.
D.
Materials And Labor Bond. The City may also require the
filing of a materials and labor bond which is a type of guaranty or
security that is provided by a bonding or surety company to the City
on behalf of a developer or contractor. These bonds are issued usually
with (and for the same amount as) performance bonds and cover payment
for all equipment, labor, materials and services in the event the
developer or contractor fails to pay for them under the terms of the
contract.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
If an owner intends to develop a parcel of land for residential or non-residential purposes and it is to be developed in sections, tracts or phases, then the provisions of Chapter 407 (Subdivision Developments) shall apply.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The principal
objective of these regulations is to provide for an orderly arrangement
of compatible buildings and land uses and for proper location of all
types of uses required for the social and economic welfare of the
community. To accomplish this objective, each type and kind of use
is classified as permitted in one (1) or more zoning district established
by these regulations. However, in addition to those uses specifically
classified and permitted in each zoning district, there are certain
additional uses which it may be necessary to allow because of unusual
characteristics they provide to the public. These conditional uses
require particular considerations as to their proper location to adjacent,
established or intended uses or to the planned growth of the City
of St. Robert. The conditions controlling the locations and operation
of such conditional uses are established by the applicable Sections
of these regulations.
B.
An application
for a conditional use permit shall be filed with the Land Use Administrator.
The application shall be filed on forms prescribed for that purpose.
C.
Upon
receipt of an application for a conditional use permit, the Land Use
Administrator shall:
1.
Immediately
note the date of filing and make a permanent record of the application
and information required to be submitted.
2.
Check
the application for completeness and accuracy.
a.
If
the Land Use Administrator determines that the application does not
comply with minimum application requirements, the applicant shall
be notified and required to submit additional information or otherwise
correct any noted deficiencies within fifteen (15) calendar days from
the Land Use Administrator's letter. If the deficiencies are not corrected
within the fifteen (15) day period, the Land Use Administrator shall
return the application to the applicant.
b.
The
Land Use Administrator shall accept the application for a conditional
use permit and certify it as complete if all pertinent requirements
are met and required plans and supporting documentation are provided.
3.
Process
the application by forwarding the submitted plans and other supporting
documentation through the various City departments for review and
comment.
D.
Upon
accepting the application for a conditional use permit, the Land Use
Administrator shall note the date on which the application was accepted
and shall:
1.
Notify,
in writing, the adjacent property owners named in the application
of the conditional use permit and the date of the Planning and Zoning
Commission meeting at which the application will be considered. The
notices shall be mailed or otherwise delivered at least fifteen (15)
calendar days before the date of said Commission meeting.
2.
Place
the matter on the agenda of the Planning and Zoning Commission. In
order for the matter to be considered at the next Commission meeting,
the public notice requirements must be satisfied.
F.
Staff Review. If the staff finds that the application fails
to comply with the requirements of this regulation or additional City
regulations, it shall identify the requirement in question and specifically
state supporting reasons for the proposed findings. The staff report
shall include recommendations (if any) for additional requirements
to be imposed.
G.
Planning And Zoning Commission Review. The Planning and
Zoning Commission shall issue its findings and recommendations to
the Board of Aldermen for final determination.
H.
The Board
of Aldermen shall grant or deny each application for a conditional
use permit after a public hearing is held to provide all interested
and effected persons an opportunity to voice their comments and concerns.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The Planning
and Zoning Commission may recommend to the Board of Aldermen that
conditional requirements be attached to the approval of the permit
when such stipulations are deemed necessary to safeguard existing
permitted developments and uses in the district; to retain a visual
compatibility with the permitted uses and developments in the surrounding
area; or to preserve the public health, safety and general welfare
of the City of St. Robert. In recommending such conditions, the Planning
and Zoning Commission may suggest the following additional restrictions
be imposed on the development in compliance with the following guidelines:
1.
Height limitations for structures. The total height of any
structure shall be limited by the conditions governing the particular
development or use authorized by the conditional use permit. However,
the total height of any structure authorized by conditional use permits
shall not exceed the least restrictive regulations of the particular
zoning district in which the conditional use is located unless Building
Code height and area limitations design criteria can be met.
2.
Lot area, lot dimension, development limitations and yard requirements. Any development or use authorized by a conditional use permit shall
abide by the lot area, lot dimension, development limitation and yard
requirements of the particular zoning district in which the conditional
use or development is located. However, these requirements may be
made more restrictive in the conditions governing the particular development
or use authorized by the conditional use permit.
3.
Off-street parking and loading requirements. The minimum
off-street parking and loading requirements, including required setbacks
for parking areas, loading spaces and internal drives, for any development
or use authorized by a conditional use permit shall not be reduced
below the minimum off-street parking requirements. However, these
requirements may be made more restrictive in the conditions governing
the particular development or use authorized by a conditional use
permit.
4.
Sign regulations. Specific sign regulations may be established
in the conditions governing the particular development or use authorized
by a conditional use permit in accordance with the provisions of this
regulation. However, in no instance shall they be less restrictive
than the sign regulations of the particular zoning district in which
the conditional use or development is located.
5.
Time limitations. The Planning and Zoning Commission may
recommend a provision limiting the permit to a specified time or duration.
Upon the expiration of the time limit specified in a particular permit,
the property owner may request that the conditional use permit be
reviewed for renewal in accordance with the provisions of this Chapter.
If no time limit is specified on the permit issued by the Board of
Aldermen, the conditional use permit shall be valid for a period not
to exceed twenty-four (24) months.
6.
Any
additional conditions or requirements authorized by this Chapter are
enforceable in the same manner and to the same extent as any other
applicable requirement of this regulation.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
When presented to the Planning and Zoning Commission, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 406.007 (Applications to be Complete) or any other requirement of this regulation, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The Planning
and Zoning Commission shall recommend to the Board of Aldermen approval
of the requested conditional use permit unless it concludes, based
upon the information submitted at its meeting, that:
1.
The
application is incomplete, or
2.
The
requested permit is not compatible with adjoining land uses or would
have a detrimental effect on adjacent property values and the health,
safety and welfare of the community, or
3.
If completed
as proposed in the application, the development will not comply with
one (1) or more requirements of this regulation.
B.
If the
Planning and Zoning Commission concludes that the application fails
to comply with one (1) or more requirements of this regulation, the
Planning and Zoning Commission shall recommend that the application
be tabled or denied. If the Commission concludes that all such requirements
are met, it shall recommend to the Board of Aldermen that the application
be approved.
C.
Even
if the Planning and Zoning Commission finds that the application complies
with all other provisions of this regulation, it may still recommend
denial of the permit if it concludes, based upon the information submitted
at the meeting, that if completed as proposed, the development, more
probably than not:
D.
After
the Planning and Zoning Commission has reviewed the application, it
shall file a report with the Board of Aldermen in which the Commission
shall outline its findings and recommend to the Board of Aldermen
whether each application for a conditional use permit be granted or
denied and state the reasons therefore.
E.
If the
Commission makes no report within sixty (60) days of the meeting at
which the Commission reviewed the conditional use permit application,
it shall be considered to have made a report approving the proposed
conditional use permit.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
An application for a conditional use permit shall be submitted
to the Planning and Zoning Commission for action in accordance with
this Chapter before being presented to the Board of Aldermen. The
Board of Aldermen may not hold a public hearing on a conditional use
permit application until the Planning and Zoning Commission has had
an opportunity to consider the application pursuant to standard agenda
procedures. In addition, at the request of the Planning and Zoning
Commission, the Board of Aldermen may continue the public hearing
to allow the Planning and Zoning Commission more time to consider
or reconsider the application.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
During
the regularly scheduled meeting of the Board, a vote will be taken
on whether to approve or deny the applicant's conditional use permit.
In considering whether to approve an application for a conditional
use permit, the Board of Aldermen shall proceed according to the following
format:
B.
If the
Board of Aldermen concludes that the application fails to comply with
one (1) or more requirements of this regulation, the application shall
be denied. If the Board of Aldermen concludes that all such requirements
are met, it shall approve the permit. Such a motion shall propose
specific findings, based upon the evidence submitted, justifying such
a conclusion.
C.
Any additional
conditions or requirements approved by the Board of Aldermen shall
be entered upon the approval of the permit.
D.
If the
Board of Aldermen does not take final action on the proposed conditional
use permit within one hundred twenty (120) days after the public hearing
on the proposed permit, the permit shall be deemed denied.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
If a
petition opposing an application for a conditional use permit for
any property is filed in accordance with the provisions of this Section,
then the proposed conditional use permit may be approved only by a
favorable vote of two-thirds (2/3) of the membership of the Board
of Aldermen.
B.
To trigger
the two-thirds (2/3) vote requirement, the petition must:
1.
Be signed
by the owners of thirty percent (30%) or more within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distant from the property boundaries of the proposed conditional use
location.
2.
Be in
the form of a written petition actually bearing the signatures of
the required number of property owners and stating that the signers
do protest the proposed conditional use permit. In addition to the
required signatures, the petition shall contain the following information
for each property owner signing the petition:
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Whenever
the Board of Aldermen disapproves a conditional use permit application
on any basis other than failure of the applicant to submit a complete
application, such action may not be reconsidered by the Board of Aldermen
for a period of one (1) year unless the applicant clearly demonstrates
that:
1.
Circumstances
affecting the property that is the subject of the application have
substantially changed;
2.
New
information is available that could not with reasonable diligence
have been presented at a previous hearing. A request to be heard on
this basis must be filed with the Land Use Administrator within the
time period for an appeal. However, such a request does not extend
the period within which an appeal can be taken.
B.
The Board
of Aldermen may at any time consider a new application affecting the
same property as an application previously denied. A new application
is one that differs in some substantial way from one previously considered.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Conditional
uses are land uses which are considered by the City to be desirable
or convenient to the community, but which by their nature or operation
have:
1.
A tendency
to generate excessive traffic,
2.
A potential
for attracting a large number of persons, thus creating noise or other
pollutants,
3.
A detrimental
effect upon the value or potential development of other properties
in the neighborhood, or
4.
An extraordinary
potential for accidents or danger to public health and safety.
B.
In presenting
any application for a conditional use permit, the burden of proof
shall rest with the applicant to clearly establish that the proposed
conditional use shall meet the following criteria:
1.
The
proposed conditional use complies with all applicable provisions of
the district zoning regulations.
2.
The
proposed conditional use at the specified location will contribute
to and promote the welfare or convenience of the public and not adversely
affect adjoining properties.
3.
The
location and size of the conditional use, the nature and intensity
of operation involved in or conducted in connection with it, and the
location of the site with respect to streets giving access to it are
such that the conditional use will not dominate the immediate neighborhood
so as to prevent development and use of neighboring property in accordance
with the applicable zoning district regulations or the City's Comprehensive
Plan.
4.
The
applicant can demonstrate adequate provision for maintenance of the
conditional use and associated structures.
5.
Adequate
utility, drainage and other such necessary facilities have been or
will be provided.
6.
The
conditional use will not create undue traffic congestion or hazardous
conflict points at points of intersection of the traveled way especially
at those points where entrance drives intersect public streets. Traffic
studies will be provided, at the developer's cost, to substantiate
proposed traffic volume projections created by the conditional use.
7.
The
proposed uses where such developments or uses are deemed consistent
with good planning practice which can be operated in a manner that
is not detrimental to the permitted developments and uses in the district;
can be developed and operated in a manner that is visually compatible
with the permitted uses in the surrounding area; and are deemed essential,
convenient or desirable to preserve and promote the public health,
safety and general welfare of the City of St. Robert.
