[Ord. No. 646 §2; Ord. No. 962 §1, 7-3-1990; Ord. No. 1488 §27, 10-17-2000]
(a)
When one or more structures are to be erected on a lot or tract which
is zoned to permit such development as a use by right, no construction
permit shall be issued, other than for permitted single-family detached
dwellings and their associated uses, without review and approval of
a site development plan by the zoning commission. The zoning commission
shall determine that the proposed development complies with applicable
Code requirements regarding access, parking standards, setback requirements,
on the site circulation, landscape and fencing details and general
compatibility with established or projected land use patterns.
(b)
Copies of a development plan reflecting the nature of the proposed
development shall be submitted to the zoning commission along with
such data and information which may be prescribed by that board, including
an engineering study for floodproofing the sites or structures within
the designated floodplain, so as to assure the fullest practicable
presentation of facts for analysis and for the permanent record. Such
information shall include, but not be limited to, the following:
(1)
A site plan showing proposed uses and structures;
(2)
Existing and proposed contours at intervals of two feet or less
referred to sea level datum;
(3)
Location of all isolated trees having a diameter of six inches
or more, and all tree masses;
(4)
Proposed ingress and egress to the site, including on-site parking
areas and adjacent streets;
(5)
Proposed landscaping, including type and size of planting and
fencing; and
(6)
Two section profiles through the site showing building form
and mass.
(c)
Upon approval of the submitted or revised development plan by the
zoning commission, application for construction permits and certificates
of occupancy may take place at the office of the building commissioner.
(d)
No buildings, facilities, establishments or service concerns may
occupy or use any portion of the subject tract until the required
improvements are constructed or a performance bond or escrow agreement
is posted covering construction of improvements as determined by the
building commissioner. If the development is to occur in sections,
all improvements necessary to the proper operation and functioning
of the section, even though same may be located outside the section,
must be constructed and installed, or a performance bond or escrow
agreement posted covering the estimated cost of improvements, as determined
by the zoning commission.
(e)
Every single-family dwelling hereafter erected or structurally altered
shall be located on a separate lot or tract, and in no case shall
there be more than one single-family dwelling on one lot or tract
except for accessory buildings or uses, as defined herein, and except
for any structure authorized as part of a planned or special district
or similar procedure requiring submission to the zoning commission
of a site plan for review and approval.
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PROCEDURE FOR PROCESSING OF PERMITTED USES
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Applicant
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Application for Building or
Occupancy Permit and Site Plan
Submitted to Building Commissioner
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If Permitted Single-Family Home, Review by Building Commissioner
only
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Zoning Commission Review of Site Plan
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Denial by Zoning Commission
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Approval of Site Plan by Zoning Commission
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Revised Plan Submitted by Applicant
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Construction Permit or Certificate of Occupancy Issued
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[Ord. No. 646 §2; Ord. No. 680 §7; Ord. No. 1099 §1, 5-17-1994; Ord. No. 1338 §1, 2-17-1998]
(a)
Generally. The board of aldermen may, from time
to time, on its own motion, upon recommendation of the zoning commission
or on petition, amend, supplement, change, modify or repeal by ordinance
the boundaries, districts, regulations or restrictions established
in this chapter. Any amendment, supplement, change, modification or
repeal shall first be submitted to the zoning commission for its recommendation
and report.
(b)
Petition.
(1)
Petitions for any change of zoning district classification as
indicated on the zoning district map of the city shall be addressed
to the board of aldermen and filed with the city administrator upon
forms prescribed for that purpose and accompanied by such plans, data
and other information as may be required by the zoning commission
so as to assure the fullest practicable presentation of facts, and
accompanied by a fifty-dollar nonrefundable filing fee.
(2)
Each such petition, other than those initiated by the board
of aldermen or the zoning commission, shall be verified by at least
one of the owners or authorized representatives of the owner of the
property in question, attesting to the truth and accuracy of all facts
and information presented therein. The petitioner, at his option,
may request that a verbatim record be made of the public hearing.
If the petitioner elects to request a verbatim record, the actual
cost of such shall be borne by the petitioner, and the petitioner
shall deposit one hundred dollars toward the cost of such, to be appropriately
adjusted when the actual cost is known.
(3)
Upon filing of the petition with the city administrator or upon
initiation of a resolution of intention by the board of aldermen or
the zoning commission, the city administrator shall:
a.
Cause public notice of hearing to be given as follows: Publication
at least once in some daily, tri-weekly, semi-weekly or weekly newspaper
of general circulation in the city which shall have been admitted
to the post office as second class matter and shall have been published
regularly and consecutively for a period of three years. Publication
shall commence not more than thirty nor less than fifteen days before
the hearing date. Every affidavit of proof of publication shall state
that such publication and the newspaper in which notice was published
have met the requirements of the foregoing provisions and those of
chapter 493 of the Revised Statutes of Missouri, governing legal publications,
notice and advertisement. Notice shall contain, in addition to the
legal description of the parcel of land, the approximate street location
or address when possible, the name of the person seeking the zoning
change, the present zoning district classification and the zoning
district classification sought.
b.
Cause a sign or signs to be placed on each parcel of land on
which an application for a zoning district change has been filed with
the zoning commission. Such sign or signs shall be placed on such
land at least fifteen days prior to the public hearing to be held
by the zoning commission, and shall be posted in a conspicuous place
upon such land at a point nearest to the right-of-way of any street
or roadway abutting such land, and so as to be clearly visible to
the traveled portion of such street or roadway. The city administrator
shall determine the number of additional signs to be placed that may
be necessary to carry out the intent of this Section. Such public
notice sign shall contain information indicating the date and time
of public hearing, zoning change requested, place where the public
hearing is to be held and additional information determined necessary
to inform the public as to the nature of the pending petition. In
the case of a City of Eureka initiated rezoning application, such
public hearing signage posting requirement is waived, and in lieu
of the posting of such signage, the City shall take all reasonable
efforts to notify the owner of record of the subject property, as
well as the owners of record of all adjoining property, of the public
hearing by means of certified mail of the proposed rezoning.
(c)
Publication of proposed general amendments. Amendments
to this chapter which are of general nature, not pertaining to a specific
property as in the case of a change in the boundaries of a zoning
district, shall require publication of notice at least once in some
daily, tri-weekly, semi-weekly or weekly newspaper of general circulation
in the city which shall have been admitted to the post office as second
class matter and shall have been published regularly and consecutively
for a period of three years. Publication shall commence not more than
thirty nor less than fifteen days before the hearing date. Every affidavit
of proof of publication shall state that such publication and the
newspaper in which notice was published has met the requirements of
the foregoing provisions and those of chapter 493 of the Revised Statutes
of Missouri, governing legal publications, notice and advertisement.
Public notice for such general amendments shall not require posting
of any signs. It shall not be necessary to publish notice or hold
public hearings on amendments to this chapter pertaining to procedural
matters and to the duties and powers of officials, officers, boards,
commissions and bureaus in carrying out the regulations of this chapter.
(d)
Public hearing. The zoning commission shall hold
a public hearing on the proposed amendment petition within sixty days
of the filing of a petition fully complying with the submission requirements.
(e)
Review. Subsequent to public hearing, the zoning
commission shall review all pertinent data, plans and other information
presented to determine whether the subject proposal is consistent
with sound planning practice, is compatible with existing area uses
and developments, is not detrimental to the comprehensive city planning
effort and is deemed desirable to promote the general welfare.
(f)
Submission of commission report. The zoning commission
shall then submit its report and recommendation to the board of aldermen
for action. The zoning commission may recommend and the board of aldermen
may enact by ordinance a zoning district classification other than
that requested in the petition; provided, that the recommendation
or ordinance is for a district classification of the same use type
as that requested by the petitioner. District classification of the
same use type as referred to in this section shall include Planned
Commercial District in the C district classification and Planned Industrial
District in the M district classification when a petition proposes
a particular use and presents plans at or prior to the public hearing
which are substantially similar to those required by the processing
procedures for planned districts.
(g)
Action by board. If a bill granting or denying the
application is not introduced by the board of aldermen within ninety
days after a report thereon by the zoning commission is received by
the board of aldermen at a regular meeting, it shall be deemed denied,
unless extended by resolution of the board of aldermen during the
ninety-day period. No provision herein shall be construed to prevent
the board of aldermen from initiating the procedure provided in this
section by a resolution of intention at any time.
(h)
Subsequent applications. From the date of the receipt
and filing by the board of aldermen of the zoning commission's report
and recommendation regarding a requested amendment to the zoning district
boundaries of the city, no subsequent application requesting the same
classification for the same tract of land or part thereof shall be
accepted for processing within a twelve month period. However, any
request for withdrawal of a legally filed petition may be denied,
approved with prejudice or approved without prejudice by the zoning
commission prior to official receipt and filing of the zoning commission's
report and recommendation by the board of aldermen.
(i)
Appeal procedure.
(1)
Appeal by petitioner from recommendation of denial. Upon a recommendation of denial by the zoning commission of a petition,
the applicant may file an appeal with the board of aldermen requesting
a determination from that body. The appeal shall be in writing, filed
within thirty days after the zoning commission's report is received
by the board of aldermen at a regular board meeting and shall address
the objections set forth in the commission's report recommending denial.
(2)
Public hearing by board. Upon receipt of an
appeal, the board of aldermen shall refer it to the zoning commission.
The zoning commission shall report thereon to the board of aldermen
disclosing in what respect the application and facts offered in support
of the appeal either failed to alter the original recommendation or
presented new facts or modifications which could warrant support of
the application. The board of aldermen may affirm, reverse or modify,
in whole or in part, any determination of the zoning commission. Before
acting on any appeal, the board shall set the matter for public hearing
and give written notice to the person filing the appeal and to all
other persons who spoke on the matter of the petition at the public
hearing before the zoning commission. An affirmative vote of two-thirds
of the members of the whole board of aldermen shall be required to
reverse, modify or amend any determination of the zoning commission.
A majority vote of the whole board of aldermen shall be sufficient
to affirm any determination of the zoning commission.
(j)
Applications for permits, etc. Upon final approval
of the petition by the board of aldermen applications for construction
permits and certificates of occupancy may take place at the office
of the building commissioner.
(k)
Any application fees or deposits required by the City in conjunction
with any application for action under this section is intended to
defray the cost of review, analysis and consideration of same. Such
costs may include, but not be limited to, legal or informational publications,
signage, legal reviews, engineering and architectural reviews, ordinance
preparation, hearings, surveys, studies and any other direct, indirect
or third party costs. In the event that such fees are insufficient
to cover such total costs for a specific application, the applicant
shall deposit with the City such additional sums to cover the entire
cost of such review upon request by the City.
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PROCEDURE FOR PROCESSING OF ZONING ORDINANCE AMENDMENTS
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Applicant
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Petition Submitted to
City Administrator*
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Zoning Commission Public
Hearing and Review
(Recommendation to Board of Aldermen)
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Denial Recommended
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Approval Recommended
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Appeal by Applicant
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Board of Aldermen Public Hearing
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Review by Board of Aldermen
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Denial of Petition
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Approval by Board of Aldermen (Ordinance Adopted)
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Applicant Applies for Building or Occupancy Permit as Outlined
in Procedure for Processing of Permitted Uses
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*
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Address to Board of Aldermen
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[Ord. No. 646 §2; Ord. No. 660 §§1, 2; Ord.
No. 680 §8; Ord. No. 1194 §1, 5-17-1994; Ord. No. 1813 §2, 1-4-2005]
(a)
The board of aldermen or the zoning commission, on their own motion, may initiate the establishment of a Planned Commercial or Planned Industrial District by the same basic procedure as specified in subsection (a) of section 23-181 and further may, but need not provide a development plan or adopt detailed development conditions.
(b)
Every petition for establishment of a planned commercial or planned
industrial district or community unit plan or special use permit,
other than by motion of the board of aldermen or zoning commission
to develop land previously established as a planned district by action
of the board of aldermen, or petition for use requiring a special
use permit, shall be addressed to the board of aldermen and filed
with the city administrator on forms prescribed for that purpose and
accompanied by a fifty dollar nonrefundable filing fee. The petitioner,
at his option, may request that a verbatim record be made of the public
hearing. If the petitioner elects to request a verbatim record, the
actual cost of such shall be borne by the petitioner, and the petitioner
shall deposit one hundred dollars toward the cost of such, to be appropriately
adjusted when the actual cost is known. In addition, the petitioner
for establishment of a planned commercial or planned industrial district
or community unit plan or, when applicable, special use permit shall
submit a preliminary development plan in such detail as to include
the following:
(1)
Preliminary site plan, showing proposed uses and structures.
(2)
Existing and proposed contours at intervals of two feet or less,
referred to sea level datum.
(3)
Location of all isolated trees having a diameter of six inches
or more, and all tree masses.
(4)
Two section profiles through the site, showing preliminary building
form.
(5)
The proposed ingress and egress to the site, including adjacent
streets.
(6)
A preliminary plan for provision of sanitary sewers and storm
water drainage facilities.
(c)
Verification of accuracy of the petition and plan, public notification of public hearing by publication and the posting of a public notice sign upon the property in question, and the public hearing procedure shall be the same as that required for any other change of zoning as described in section 23-181.
(d)
The City reserves the full right and authority to deny any application
for a planned district application, community unit plan and special
use permit. The City shall not approve such an application unless
it finds evidence and the application clearly:
[Ord. No. 2723, 6-20-2023]
(1)
Complies with all other applicable provisions of City Code and
building regulations;
(2)
Will contribute to and promote the community welfare and convenience
at the specific location;
(3)
Will not cause substantial injury to the value of the neighboring
property;
(4)
Will provide, if applicable, erosion control and on-site stormwater
detention in accordance with applicable regulations; and
(5)
Will be compatible with the surrounding area, and thus not impose
an excessive burden or have a substantial negative impact on the surrounding
or adjacent users, or on community facilities or services.
(e)
The zoning commission shall forward its recommendation for approval
or denial of the application to the board of aldermen indicating the
rationale and planning considerations on which such recommendation
is based. If the recommendation is one of approval, it shall contain
recommended development conditions to be incorporated into an ordinance
authorizing approval of the application. The conditions shall include
but not be limited to:
(1)
Time limitations for submission of the final development plan
and commencement of construction;
(2)
Specific uses permitted in this district;
(3)
Yard requirements:
(4)
Off-street parking and loading requirements;
(5)
Performance standards; and
(6)
Requirement that any transfer of ownership or lease of the property
shall include in the transfer or lease agreement a provision that
the purchaser or lessee agrees to be bound by the conditions of this
development ordinance and plan.
(f)
After passage of an ordinance authorizing approval of the petition by the board of aldermen, the developer shall submit the final development plans to the zoning commission within the period of time specified in the ordinance. The plans shall include such information as is required by the zoning commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable. If in the opinion of the zoning commission the submitted plan substantially deviates from the preliminary development plan approved by the board of aldermen, the commission shall report to the petitioner and the board of aldermen on the manner in which such plan deviates from the approved preliminary plan and, if deemed necessary, forward a resolution of intent to the board of aldermen for the purpose of a new public hearing on the matter in accordance with the proceedings specified in section 23-181.
(g)
Within sixty days of approval of the final development plan by the
zoning commission, the plan shall be recorded by the developer together
with conditions of the ordinance authorizing the establishment of
the district in the office of the recorder of deeds in the county.
(h)
All conditions relating to or limiting the use, status or operation
of the use or development after issuance of a conditional or temporary
occupancy permit shall be posted in a conspicuous public place on
the premises prior to the issuance of a permanent occupancy permit.
So long as a substantial part of the development remains in single
ownership, or ownership of any part of the property is retained or
held by the developer or by trustees with duties imposed by this chapter
or by conditions imposed under authority hereof, such person or persons
shall maintain such list of conditions in a conspicuous public place,
and failure to do so shall constitute a violation of this chapter.
(i)
No buildings, facilities, commercial establishments or service concerns
may occupy or use any portion of the district or site until the required
related off-site improvements including but not limited to streets,
sidewalks, sanitary and storm sewers, street lights and street trees
are constructed or a performance bond or escrow posted covering the
estimated cost of construction as determined by the building commissioner.
(j)
If substantial construction of development does not begin within
a period of time specified in the conditions of the ordinance authorizing
establishment of a planned district, the board of aldermen may, on
its motion or on a recommendation of the zoning commission, rezone
the property or any portion thereof to the zoning district classification
that prevailed prior to the approval of the planned district classification.
In the case of an application to develop an existing planned district
or site governed by a special use permit, the board of aldermen by
resolution may revoke the planned district ordinance or special use
permit.
(k)
The time limitations specified in the ordinance approving the application
for submission of final development plans and for completion of construction
may be extended by the board of aldermen for cause.
(l)
After recording of a final development plan, changes not inconsistent
with the purpose of intent of this section may be approved by the
zoning commission. Changes affecting the purpose or intent of this
section shall require a new petition.
(m)
The appeal procedure for any planned district or special use permit petition for which the zoning commission has recommended denial shall be the same as that provided in section 23-181.
(n)
Upon approval of the final development plan by the zoning commission
and after recording the same together with accompanying development
conditions in the office of the recorder of deeds of the county, applications
for construction permits and certificates of occupancy may take place
at the office of the building commissioner.
(o)
Special use permits and conditions thereof shall not be required
to be recorded in the office of the recorder of deeds of the county,
nor shall the passage of an ordinance be required to approve such
special use permits.
(p)
Changes, alterations or modifications of the conditions to the approval
of applications for planned districts or special use permits shall
be processed as anew application.
(q)
Violation of any condition to the approval of applications for planned districts or special use permits shall be cause for revocation of the approved permit or district. Notification of violation shall be processed as set forth in section 23-183.
(r)
Any application fees or deposits required by the City in conjunction
with any application for action under this section is intended to
defray the cost of review, analysis and consideration of same. Such
costs may include, but not be limited to, legal or informational publications,
signage, legal reviews, engineering and architectural reviews, ordinance
preparation, hearings, surveys, studies and any other direct, indirect
or third party costs. In the event that such fees are insufficient
to cover such total costs for a specific application, the applicant
shall deposit with the City such additional sums to cover the entire
cost of such review upon request by the City.
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PROCEDURE FOR PROCESSING OF PLANNED DISTRICTS (WITH OR
WITHOUT ACCOMPANYING REZONING) AND SPECIAL USE PERMITS
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Applicant
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Petition and Development Plan
Submitted to City Administrator*
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Zoning Commission Public Hearing
and Review (Recommendation to Board of Aldermen)
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Denial Recommended
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Approval Recommended
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Appeal by Applicant
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Board of Aldermen Public Hearing
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Review by Board of Aldermen
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Denial of Application
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Approval by Board of Aldermen (Ordinance Adopted and Preliminary
Development Plan Approved)
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Note: steps below not required for Special Use Permits.
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Final Development Plan Submitted by Applicant to Zoning Commission
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Final Development Plan Approved by Zoning Commission and Recorded
by Applicant
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Applicant Applies for Building or Occupancy Permit Issued by
the Building Commissioner
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*
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Address to Board of Aldermen.
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[Ord. No. 646, §2]
It shall be the duty of the mayor, through the proper departments
to enforce this chapter.
The owner or agent of a building or premises in or upon which
a violation of any provision of this chapter has been committed or
shall exist; or the lessee or tenant of an entire building or entire
premises in or upon which violation has been committed or shall exist;
or the owner, agent, lessee or tenant of any part of the building
or premises in or upon which such violation has been committed or
shall exist; or the agent, architect, building contractor or any other
person who commits, takes part or assists in any violation or who
maintains any building or premises in or upon which such violation
shall exist shall be guilty of a misdemeanor punishable by a fine
of not less than ten dollars and not more than five hundred dollars
for each day that such violation continues, or by imprisonment for
ten days for each day such violation shall continue, or by both such
fine and imprisonment, in the discretion of the court.
Any such person who, having been served with an order to remove
any such violation, shall fail to comply with the order within ten
days after such service, or shall continue to violate any provision
of the regulations made under authority of this chapter in the respect
named in such order, shall also be subject to a civil penalty of five
hundred dollars.
