[Ord. No. 97-1, 10-14-1997]
This Chapter shall be known and may be cited as the "Zoning
Code of the Village of Indian Point, Missouri."
[Ord. No. 97-1, 10-14-1997]
A. Authority. This Chapter is adopted pursuant to the
authority contained in Chapter 89, Sections 89.010 to 89.250, of the
Revised Statutes of Missouri.
B. Purpose. The Zoning Regulations contained in this
Chapter are in accordance with the Village of Indian Point Comprehensive
Plan and adopted for the following purposes and are designed to:
1.
Lessen congestion in the streets.
2.
Secure safety from fire, panic and other dangers.
3.
Promote health and the general welfare.
4.
Provide adequate light and air.
5.
Prevent overcrowding of the land.
6.
Avoid undue concentration of population.
7.
Preserve features of historical significance.
8.
Facilitate the adequate provision of transportation, water,
sewerage, parks, and other public requirements.
C. Relationship To The Comprehensive Plan. The provisions
of this Chapter shall be administered to ensure orderly growth and
development, preserve the character of the Village, conserve the values
of property and encourage the most appropriate use of land throughout
the Village. It shall supplement and implement the policies of the
Village of Indian Point's Comprehensive Plan and other planning documents
and related land development considerations.
[Ord. No. 97-1, 10-14-1997]
This Chapter shall be effective throughout the Village of Indian
Point which comprises the area within the corporate boundaries of
the Village of Indian Point.
[Ord. No. 97-1, 10-14-1997]
This Chapter shall be in full force and effect from and after passage. Any preliminary plats, master plats, master plans and final plats submitted to and approved by the Village of Indian Point or recorded with the Recorder of Deeds of Stone County prior to the date of adoption of this Chapter which remains currently in force and maintained in force, including anything built to date or contemplated to be built in accordance with said plats, shall be grandfathered from the requirements of this Chapter and considered permitted uses. The intent of this provision is to acknowledge the validity and the superiority of all prior approvals that would have been required at the time of such action and duly recorded with the Village of Indian Point, Missouri, or Stone County, Missouri, according to the regulations and requirements in force at the time of such recording. Any other users or building lots that are in conflict with the provisions herein shall be considered permitted, nonconforming situations according to Article
VI.
[Ord. No. 97-1, 10-14-1997]
The burden of proof shall be upon the applicant in all proceedings
pursuant to this Chapter. It is presumed that the applicant has knowledge
of the requirements of this Chapter. The applicant is obligated to
meet the requirements unless a variance is granted. Failure to meet
the requirements is one (1) reason for denial of an application.
[Ord. No. 97-1, 10-14-1997]
A. Interpretation And Application. In their interpretation
and application, the provisions of this Chapter shall be held to be
the minimum requirements necessary to promote public health, safety
and general welfare.
B. Conflict. These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided, however, that where the provisions of these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, the provisions of these regulations shall govern, except as provided for in Article
I, Section
410.040.
C. Severability. The provisions of this Chapter are
severable. If any section, sentence, clause or phrase of this Chapter
is for any reason held to be invalid by a court of competent jurisdiction,
the decision shall not affect the remaining portions of this Chapter.
[Ord. No. 97-1, 10-14-1997]
A. Preparation. The Planning and Zoning Commission
shall also cause to be prepared a map of all lots, tracts, and parcels
of land located within the Village of Indian Point, which map shall
illustrate the proposed acceptable future land uses as determined
by the Master Plan goals and objectives or approved individual development
master plans.
B. Use. The Future Development Guide shall be used
in the review and evaluation of rezoning requests to determine whether
such request is in conformance with the overall master plan for the
Village. Rezoning requests that are in conformance shall be recommended
for approval if all other provisions of this Chapter are met. Rezoning
requests that are not in conformance shall be not be recommended for
approval or shall be recommended for approval subject to amendment
of the Future Development Guide.
C. Official Title. A map, identified by the particular
section, township, and range of the lands embraced therein, shall
be marked "Future Development Guide of the Village of Indian Point,
Missouri," and shall be signed by the Chairman of the Planning and
Zoning Commission and marked with the effective date of this Chapter.
D. Maintenance. The Future Development Guide shall
be kept in the Village administrative offices and maintained by the
Planning and Zoning Commission of the Village and shall be available
for inspection and examination by members of the public at all reasonable
times, the same as any other public record. It shall be the responsibility
of the Planning and Zoning Commission of the Village to keep the information
presented in the Future Development Guide current. Any changes or
amendments to the map resulting from actions of an officially constituted
body (Board of Trustees, Board of Zoning Adjustment or Circuit Court)
shall be included and reflected on the Future Development Guide within
forty-five (45) days of such action. Such changes or amendments shall
be noted on the Future Development Guide along with an effective date
of the revision and signature by the Chair of Planning and Zoning
Commission.