[Ord. No. 1383 §300, 1-6-2003]
The provisions of these zoning regulations shall apply to all
structures and land in the incorporated area of Oak Grove, Missouri.
[Ord. No. 1383 §301, 1-6-2003]
The jurisdictional area is hereby divided into ten (10) zoning
districts that are designated as follows:
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"A"
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Agricultural District
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"C-1"
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Neighborhood Commercial District
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"C-2"
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Central Business District
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"C-3"
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High Intensity Commercial
|
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"M-1"
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Light Industrial District
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"M-2"
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Heavy Industrial District
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"R-1"
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Single-Family Dwelling District
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"R-2"
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Two-Family Dwelling District
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"R-3"
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Multiple-Family Dwelling District
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"PUD"
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Planned Unit Development
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[Ord. No. 1383 §302, 1-6-2003]
The City of Oak Grove is hereby divided into zones as shown
on the official Zoning District Map dated February 1, 2003, filed
in the office of the City Clerk. Each of the said maps, with all notations,
references and other information shown thereon, is hereby made as
much a part of the zoning regulations as if the same were specifically
set forth herein.
[Ord. No. 1383 §303, 1-6-2003]
Where uncertainty exists with the boundaries of the various
districts as shown on the official Zoning District Maps, incorporated
herein, the following rules apply:
A.
The
district boundaries are the centerlines of streets, alleys, waterways
and railroad rights-of-way, unless otherwise indicated; and where
the designation of a boundary line on the Zoning Map coincides with
the location of a street, alley, waterway or railroad right-of-way,
the centerline of such street, alley, waterway or railroad right-of-way
shall be construed to be the boundary line of such district.
B.
Where
the district boundaries do not coincide with the location of streets,
alleys, waterways or railroad rights-of-way but do coincide with lot
lines, such lot lines shall be construed to be the boundary of such
district.
C.
Where
the district boundaries do not coincide with the location of streets,
alleys, waterways, railroad rights-of-way or lot lines, the district
boundaries shall be determined by the use of the scale shown on the
Zoning Map.
[Ord. No. 1383 §304, 1-6-2003]
The following structures and uses shall be exempt from the provisions
of these zoning regulations:
A.
Poles,
wires, cables, conduits, vaults, laterals, pipes, mains, valves or
other similar equipment for the distribution to consumers of telephone
or other communications, electricity, gas or water, or the collection
of sewage or surface water operated or maintained by a public utility
but not including substations located on or above the surface of the
ground.
B.
Railroad
tracks, signals, bridges and similar facilities and equipment located
on a railroad right-of-way and maintenance and repair work on such
facilities and equipment.
C.
Agriculture
uses as defined by this Unified Development Code.
D.
Retaining
walls on public property.
E.
Public
signs, such as traffic control devices (stop or yield signs) or street
names.
[Ord. No. 1383 §305, 1-6-2003]
The following general requirements shall apply to all zoning
districts:
A.
No
building, structure or land shall hereafter be used or occupied and
no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with the use regulations herein specified for the district
that it is located within.
[Ord. No. 1383 §306, 1-6-2003]
Whenever the City of Oak Grove annexes any unincorporated territory,
the zoning classification of the annexed territory shall remain the
same as it was prior to the annexation, unless the zoning classification
is affirmatively changed through the rezoning procedures as provided
in this Unified Development Code.
[Ord. No. 1383 §307, 1-6-2003]
It is hereby declared to be the intention of the City that several
provisions of the Unified Development Code are severable in accordance
with the following rules:
A.
If
any court of competent jurisdiction shall adjudge any provision of
this Unified Development Code to be invalid, such judgment shall not
affect any other provisions of this Unified Development Code.
B.
If
any court of competent jurisdiction shall adjudge invalid the application
of any provision of this Unified Development Code to a particular
property or structure, such judgment shall not affect the application
of said provisions to any other property or structure.
[Ord. No. 1383 §308, 1-6-2003]
A.
Responsibility. The Zoning Officer shall be the Director
of Community Development or a designee appointed by the City Administrator
who shall be responsible for administering this Unified Development
Code.
B.
Powers And Duties. In administering this Unified Development
Code, the Zoning Officer shall have the following powers and duties:
1.
To enforce the regulations of this Development Code;
2.
To approve and issue all building and occupancy certificates and
make and maintain records thereof;
3.
To conduct inspections of buildings, structures and uses of land
to determine compliance with the provisions of this Unified Development
Code;
4.
To receive, file and forward to the Board of Zoning Adjustment the
records in all appeals and all other applications;
5.
To maintain permanent and current records of this Unified Development
Code including, but not limited to, all Zoning Maps, amendments, conditional
uses, variances, appeals and applications therefore and records of
hearings thereon;
6.
To maintain for distribution to the public a supply of copies of
the Zoning Map or maps, the compiled text of this Unified Development
Code, and the rules of the Board of Zoning Adjustment; and
7.
To provide such clerical, technical and consultative assistance as
may be reasonably required by the Planning and Zoning Commission,
Board of Zoning Adjustment and other boards, commissions and officials
in the exercise of their duties relating to this Unified Development
Code.
[Ord. No. 1383 §309, 1-6-2003]
A.
Establishment. That a Planning and Zoning Commission is
hereby continued for the City of Oak Grove and hereinafter referred
to as the "Commission".
B.
Membership. That the Commission shall consist of the Mayor
if the Mayor chooses to be a member, one (1) member of the Board of
Aldermen and five (5) citizen members who are appointed by the Mayor
and approved by the Board of Aldermen. In the event the Mayor chooses
not to be a member, an additional citizen member shall be appointed
by the Mayor and approved by the Board of Aldermen. Commission members
shall be entitled to one (1) vote each.
C.
Meetings.
1.
The term of the appointed members shall be for four (4) years but
the terms of the first (1st) members shall be varied so that succeeding
terms will be staggered. There shall be no compensation for the members
of the Commission. A member may be removed by the Board of Aldermen
for cause after a public hearing. Any member facing removal shall
be advised by mail at least five (5) days prior to any public hearing.
Removal of a member of the Commission shall be by a two-thirds (⅔)
vote of the Board of Aldermen.
2.
The Commission shall elect a Chairman and a Secretary for one (1)
year term with no restrictions on the number of terms. The Mayor and
Aldermen are ineligible for the office of the Commission.
3.
The Commission shall adopt rules of procedure, provide for holding
regular and special meetings and maintain a record of its transactions
and meetings that will be public.
4.
The Commission shall not authorize expenditures that exceed the amounts
appropriated by the Board of Aldermen.
D.
In
accordance with Chapter 89, RSMo., the Commission shall/may:
1.
Make and adopt a Comprehensive Plan for the physical development
of the municipality. The Comprehensive Plan shall be made with the
general purpose of guiding and accomplishing a coordinated development
of the municipality that will, in accordance with existing and future
needs, best promote the general welfare as well as efficiency and
economy in the process of development.
2.
After the adoption of a major street plan, prepare and recommend
that the Board of Aldermen adopt regulations governing the subdivision
of land. After adoption of a major street plan, the Commission must
act on all proposed plats.
3.
Prepare proposed zoning regulations, hold public hearings and recommend
zoning regulations to the Board for adoption.
4.
After adoption of the Comprehensive Plan or part thereof, approve
or disapprove all proposed public improvements whose location, character
and extent are included in the Comprehensive Plan.
5.
In general, have the power necessary to enable it to perform its
functions and promote municipal planning.
6.
Make careful and comprehensive surveys and studies of the existing
conditions and probable future growth of the municipality.
7.
Take recommendations on the development of the municipality to public
officials and agencies, public utility companies, civic, educational,
professional and other organizations, and citizens.
8.
Appoint employees and staff necessary to accomplish its work.
9.
Contract with planners and other consultants for services the Commission
may require. All public officials, upon request, shall furnish such
information as the Commission may require.
E.
Content Of The Comprehensive Plan In Accordance With Chapter 89,
RSMo.
1.
The Comprehensive Plan shall include the maps, charts and descriptive
matter explaining the Commission's recommendations for the City's
physical development and uses of land.
3.
The Comprehensive Plan may include:
a.
The general location, character and extent of streets, public rights-of-way,
grounds, places and spaces, terminals and public utilities;
b.
The general character, extent and layout of the replanning of blighted
districts and slum areas;
c.
A recommended zoning plan; and
d.
Recommendations for public improvements and their financing.
4.
Before adopting the Comprehensive Plan or any part thereof, the Commission
shall hold a public hearing on the Comprehensive Plan.
5.
Notice of the hearing shall be placed in a newspaper having general
circulation in the municipality at least fifteen (15) days prior to
the hearing. The hearing may be adjourned from time to time.
6.
After the public hearing the Commission may adopt the Comprehensive
Plan by resolution that refers expressly to the written and graphic
materials that make up the Comprehensive Plan. Adopting resolutions
shall be carried by a majority vote of the full membership of the
Commission. Action taken shall be recorded on the adopted Comprehensive
Plan with the identifying signature of the chairperson of the Commission.
7.
A copy of the adopted Comprehensive Plan or part thereof shall be
certified to the Board of Aldermen and the office of the City Clerk.
A copy shall be available in the office of the County Recorder of
Deeds in Jackson and Lafayette Counties.
8.
After the Comprehensive Plan or part thereof is adopted, no public
improvement that has been included in the Comprehensive Plan shall
be constructed or authorized until the planned improvement has been
submitted to and approved by the Commission. Approval shall not be
required if the Commission fails to act within sixty (60) days after
receiving the plans for the proposed improvement. Disapproval by the
Commission may be overruled by not less than a two-thirds (⅔)
vote of the entire membership of the Board of Aldermen.
9.
After a major street plan and subdivision regulation have been adopted,
no street shall be accomplished nor shall a building permit be issued
for land abutting a street unless:
10.
Other streets may be located and constructed if the Board first submits
the proposed street to the Commission for its approval. Disapproval
by the Commission may be overruled by not less than a two-thirds (⅔)
vote of the entire membership of the Board of Aldermen.
[Ord. No. 1383 §310, 1-6-2003]
A.
Establishment. A Board of Zoning Adjustment is hereby continued
in accordance with Chapter 89, RSMo., regarding the zoning of Cities.
B.
Membership. The Board of Zoning Adjustment shall consist
of five (5) members who are residents of the City. The membership
of the first (1st) Board of Zoning Adjustment appointed shall serve
respectively, one (1) for one (1) year, one (1) for two (2) years,
one (1) for three (3) years, one (1) for four (4) years and one (1)
for five (5) years. Thereafter, members shall be appointed for terms
of five (5) years each. Three (3) alternate members may be appointed
to serve in the absence of or the disqualification of the regular
members. All members and alternates shall be removable for cause by
the appointing authority upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant. The Board of Zoning Adjustment shall elect its
own Chairman who shall serve for one (1) year.
C.
Meetings And Voting. The Board of Zoning Adjustment shall
adopt rules in accordance with the provisions of this Chapter. Meetings
of the Board of Zoning Adjustment shall be held at the call of the
Chairman and at such other times as the Board of Zoning Adjustment
may determine. The Chairman may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Zoning Adjustment shall
be open to the public. The Board of Zoning Adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all that shall
be immediately filed in the office of the Board of Zoning Adjustment,
and shall be public record. All testimony, objections thereto and
rulings thereon shall be taken down by a court reporter employed by
the Board of Zoning Adjustment for that purpose.
D.
Powers And Duties. The Board of Zoning Adjustment shall
have the following powers and duties:
1.
Appeals. To hear and decide appeals where it is
alleged there is an error in any order, requirement, decision or determination
made by an administrative official of the City in the enforcement
of this Unified Development Code.
2.
Variances. To authorize in specific cases a variance
from the specific terms of this Unified Development Code that will
not be contrary to the public interest and where, owing to special
conditions, a literal enforcement of the provisions of this Unified
Development Code will, in an individual case, result in unnecessary
hardship in the case of a use variance or practical difficulties in
the case of an area variance, provided that the spirit of this Unified
Development Code shall be observed, public safety and welfare secured
and substantial justice done.
3.
Other matters. To hear and decide all matters referred
to it or upon that it is required to pass under this Unified Development
Code.
E.
Vote Required For Action. A concurring vote of four (4)
members of the Board of Zoning Adjustment shall be necessary to reverse
any order, requirement, decision or determination of any Administrative
Official, or to approve any variance under this Unified Development
Code, or to decide in favor of the application on any matter that
it is required to pass under this Unified Development Code.
F.
Appeal Of Board Of Zoning Adjustment's Decision.
1.
Any person or persons, jointly or severally, aggrieved by a decision
of the Board of Zoning Adjustment or any officer, department or board
of the municipality may present to the Circuit Court of the County
a petition duly verified setting forth that such decision is illegal,
in whole or part, specifying the grounds of the illegality. Such petition
shall be presented to the Court within thirty (30) days after the
filing of the decision in the office of the Board of Zoning Adjustment.
2.
Upon presentation of such petition, the court may allow a writ of
certiorari directed to the Board of Zoning Adjustment and shall prescribe
therein a time within that a return thereto must be made and served
upon the relator's attorney, that shall not be less than ten (10)
days and may be extended by the court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the Board of Zoning Adjustment and
on due cause shown, grant a restraining order.
3.
The Board of Zoning Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely set forth the
other facts as may be pertinent and material to show the grounds of
the decision appealed from and shall be verified.
4.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
additional evidence or appoint a referee to take such evidence as
it may direct and report the same to the court with the findings of
fact and conclusions of law that shall constitute a part of the proceedings
upon the determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review.
5.
Costs shall not be allowed against the Board of Zoning Adjustment
unless it shall appear to the Court that it acted with gross negligence,
or in bad faith, or with malice in making the decision appealed from.
6.
All issues in any proceeding under this Section shall have preference
over all other civil actions and proceedings.
G.
Resubmission Of Application. Whenever any application or
petition presented has been finally acted upon by the Board of Zoning
Adjustment under the provisions of this Unified Development Code,
said Board of Zoning Adjustment shall not, for a period of six (6)
months from the date of its decision, receive or entertain any identical
or similar application seeking the same or similar relief on the same
property.
[Ord. No. 1383 §311, 1-6-2003]
The following general requirements apply to all applications
under this Development Code:
A.
Authority To File Applications. Any application for development
review or approval under this Unified Development Code shall be filed
by the person having legal authority to take action in accordance
with the approval sought. That person is presumed to be the record
owner, purchaser under a sale from the record owner, or the duly authorized
agent of the record owner in the absence of satisfactory proof to
the contrary. The City shall be authorized to require proof of legal
authority to take the action sought. The Planning and Zoning Commission
or the Board of Aldermen may initiate any action under this Unified
Development Code with or without an application from the property
owner.
B.
Applications. Applications required under this Chapter shall
be submitted on forms provided by the Zoning Officer responsible for
accepting the application and in such numbers as required by the City.
Applications shall be accompanied by a fee established by the Board
of Aldermen to defray the costs of processing applications. Applications
shall be reviewed for completeness. If the Zoning Officer determines
that the application is complete, the application shall then be processed.
If the Zoning Officer determines that it is incomplete, the Zoning
Officer shall, within five (5) days, notify the applicant of the specific
ways in that the application is deficient.
C.
Fees. Any application that does not include required information
or that is not accompanied by the required fee shall be returned to
the applicant as incomplete and no further processing of the application
shall occur until the deficiencies are corrected. Fees shall not be
required with applications initiated by the Planning and Zoning Commission,
Board of Aldermen or City department heads.
D.
Application Processing Cycles. The Zoning Officer, after
consulting with the Planning and Zoning Commission and Board of Aldermen,
may from time to time promulgate a processing cycle for each type
of application. Processing cycles may include:
1.
Dates of regular meetings of review bodies and decision-makers;
2.
Deadlines for receipt of a complete application for consideration
of such application at a particular meeting;
3.
The scheduling of staff reviews and staff reports on complete applications;
4.
All required steps in the application process (including public hearings,
decision meetings and review by other bodies); and
5.
The publication of required notices of public hearings.
E.
Constructive Notice. Minor technical deviations from stated
notice requirements shall not be deemed to impair notice where there
is actual notice of the time, date and place of the public hearing.
When written notices have been properly addressed and deposited in
the mail, failure of a party to receive such notice shall not invalidate
any subsequent action. In all cases, requirements for the timing of
notices and for specifying the time, date and place of public meetings
shall be strictly construed. Where there is a question raised regarding
the adequacy of notice, the body hearing the matter may make a formal
finding at the public hearing about whether there was substantial
compliance with the notice requirements of this Chapter.
F.
Action By Commission And/Or Board As The Case May Be. Decision-makers
may take any action on an application that is consistent with any
notice given including, but not limited to, approving the application
with modifications or denying the application. The decision-making
body may impose conditions on the application or allow amendments
to the application if the effect of the conditions or amendments is
to allow a less intensive use or zoning district than indicated in
the application or to reduce the impact of the development or to reduce
the amount of land area included in the application. Decision-makers
may not approve a greater density of development, a more intensive
use or a more intensive zoning district than was indicated in the
notice.
G.
Inaction By Commission Or Board. When a review body fails
to take action on an application within the time required, such inaction
shall be deemed a recommendation for denial of the application unless
otherwise provided by law, or unless the applicant requests or agrees
to an extension of the time frame. When a decision-maker fails to
take action on an application, such inaction shall be deemed a denial
of the application, unless the applicant requests or agrees to an
extension of the time frame.
H.
Continuation Of Public Hearings. A public hearing that proper
notice was given may be continued to a later date without again complying
with the notice requirements of this Chapter, provided that the continuance
is set for a date and time certain and the date and time is announced
at the original public hearing.
I.
Written Findings. Unless otherwise specifically required
by this Unified Development Code or by other applicable laws, written
findings are not required for a final decision on any application.
However, any decision may be expressly made subject to the subsequent
adoption of written findings and, if expressly made subject to written
findings, the decision shall not be final until the findings are adopted.
Where an appeal of any quasi-judicial decision has been filed in the
Circuit Court of Jackson or Lafayette County in cases where written
findings have not been adopted, written findings shall be adopted
by the approving authority within forty-five (45) days of service
of the appeal on the City and thereafter shall be certified to the
Circuit Court as part of the administrative record. The forty-five
(45) day time period for adoption and certification of findings may
be extended with the permission of the Circuit Court.
J.
Conditional Approvals. In the consideration of any application
authorized by this Unified Development Code, the recommending and
the approving authority may stipulate that the recommendation or approval,
as the case may be, is subject to compliance with certain specified
conditions, including, but not limited to, limitations on permitted
uses, time of performance requirements, limitation on hours of operation,
and provision of services and/or facilities, to ensure that adequate
public services and facilities are available to meet the need for
such services and facilities generated by the development proposed
by the application under consideration.
K.
Criteria For Considering Applications. In considering any
application for rezoning, conditional use permit or preliminary development
plan, the Commission and the Board of Aldermen may give consideration
to the criteria stated below to the extent they are pertinent to the
particular application. The Commission and Board of Aldermen may also
consider other factors that may be relevant to a particular application.
1.
The character of the neighborhood.
2.
The existing and any proposed zoning and uses of adjacent properties,
and the extent to which the proposed use is compatible with the adjacent
zoning and uses.
3.
The extent to which the proposed use facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements.
4.
The suitability of the property for the uses to which it has been
restricted under the applicable zoning district regulations.
5.
The length of time, if any, the property has remained vacant as zoned.
6.
The extent to which the proposed use will negatively affect the aesthetics
of the property and neighboring property.
7.
The extent to which the proposed use will seriously injure the appropriate
use of, or detrimentally affect, neighboring property.
8.
The extent to which the proposed use will adversely affect the capacity
or safety of the portions of the street network impacted by the use
or present parking problems in the vicinity of the property.
9.
The extent to which the proposed use will create excessive stormwater
runoff, air pollution, water pollution, noise pollution or other environmental
harm.
10.
The extent to which the proposed use will negatively affect the values
of the property or neighboring properties.
11.
The extent to which there is a need for the use in the community.
12.
The economic impact of the proposed use on the community.
13.
The ability of the applicant to satisfy any requirements applicable
to the specific use imposed pursuant to this Unified Development Code.
14.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed use.
15.
The gain, if any, to the public health, safety and welfare due to
approval of the application as compared to the hardship imposed upon
the landowner, if any, as a result of denial of the application.
16.
The conformance of the proposed use to the Comprehensive Plan, the
major street plan, the capital improvements plan and other adopted
planning policies.
17.
The recommendation of professional staff.
18.
The consistency of the proposed use with the permitted uses and the
uses subject to conditions in the district in which the proposed rezoning
or conditional use is located.
L.
Submission Of Technical Studies.
1.
Technical studies required by Zoning Officer.
a.
The Zoning Officer may require applicants for rezoning, conditional
use permits, site plan and design review or preliminary plats to submit
any technical studies that the Zoning Officer deems necessary to enable
the Commission or Board of Aldermen to fully evaluate the application.
Examples of technical studies that may be required shall include,
but not be limited to, traffic studies, engineering studies, geologic
or hydrogeologic studies, flood studies, environmental impact assessments,
noise studies, photometric plans (for outdoor lighting) or surface
water management/drainage studies.
b.
The persons or firms preparing the studies shall be acceptable to
the Zoning Officer. The applicant may appeal the Zoning Officer's
determination to the Commission by filing a written notice of appeal
with the Zoning Officer within seven (7) days after the Zoning Officer's
decision. The Zoning Officer shall transmit the notice of appeal to
the Commission, and the Commission shall hear the appeal at the next
scheduled Commission meeting. If the Commission affirms the Zoning
Officer's determination, the applicant may appeal the decision of
the Commission to the Board of Aldermen by filing a written notice
of appeal with the Zoning Officer within seven (7) days after the
Commission's decision. The Zoning Officer shall transmit the notice
of appeal to the Board of Aldermen, and the Board of Aldermen shall
hear the appeal at their next regularly scheduled meeting. The costs
of all studies shall be borne by the applicant.
2.
Technical studies required by Commission or Board of Aldermen. Notwithstanding the fact that the Zoning Officer did not require
submission of a technical study in support of an application, either
the Commission or the Board of Aldermen may require the submission
of a technical study prior to taking action on the application.
[Ord. No. 1383 §312, 1-6-2003]
This Section sets out the required review and approval procedures
for amendments to the text of this Development Code.
A.
Initiation Of Application. An application for an amendment
to the text of this Unified Development Code may be proposed by the
Board of Aldermen or the Planning and Zoning Commission or any department
head with responsibility for reviewing development applications.
B.
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C.
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on
the proposed amendment within sixty (60) days of the date that a complete
application is filed, provided that required notice can be given within
that time. Within forty-five (45) days of the public hearing, the
Planning and Zoning Commission shall recommend approval, modified
approval or denial of the amendment and transmit a written summary
of its action and proceedings to the Board of Aldermen. The recommendation
of the Planning and Zoning Commission shall contain a statement describing
the nature and effect of the proposed amendment and explaining:
1.
Whether such change is consistent with the intent and purpose of
this Development Code;
2.
The areas that are most likely to be directly affected by the amendment
and in what way they will be affected; and
3.
Whether the proposed amendment is made necessary because of changed
or changing social values, new planning concepts or other social or
economic conditions in the area and zoning districts affected.
D.
Review And Action — Board Of Aldermen. Within the
thirty (30) days of the close of the Planning and Zoning Commission's
action, the Board of Aldermen shall hold a public hearing on the proposed
development code amendment. The Board of Aldermen shall act to approve,
approve with modifications or deny the proposed amendment within sixty
(60) days of the date of the close of the Board of Aldermen public
hearing on the amendment.
E.
Notice Of Public Hearings. At least fifteen (15) days' notice
of the time and place of scheduled public hearings before the Planning
and Zoning Commission and the Board of Aldermen shall be published
in a newspaper of general circulation within the City.
F.
Review Criterion. No amendment to the text of this Unified
Development Code shall be approved by the Board of Aldermen that would
have the effect of adversely affecting the general health, safety
and welfare of the citizens of the City.
[Ord. No. 1383 §313, 1-6-2003; Ord. No. 1420 §1, 11-17-2003]
This Section sets out the required review and approval procedures
for amendments to the official Zoning Map (zoning change).
A.
Application. A complete application for an amendment to
the official Zoning Map (zoning change) shall be submitted to the
Zoning Officer in a form established by the City along with a fee
that has been established by the City to defray the cost of processing
the application. No application shall be processed until the application
is complete and the required fee has been paid.
B.
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and applicable review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C.
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the amendment based on the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.085(F). After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen.
D.
Review And Action — Board Of Aldermen. Within the
thirty (30) days of the close of the Planning and Zoning Commission
public hearing, the Board of Aldermen shall hold a public hearing
on the proposed amendment. The Board of Aldermen shall act to approve,
approve with modifications or deny the proposed amendment within sixty
(60) days of the date of the close of the Board of Aldermen public
hearing on the amendment.
E.
Notice Of Public Hearings.
1.
Newspaper notice. At least fifteen (15) days' notice
of the time and place of scheduled public hearings before the Planning
and Zoning Commission and Board of Aldermen shall be published in
a newspaper of general circulation within the City.
2.
Written notice to surrounding property owners. The
City shall attempt to notify, by mail, at least fifteen (15) days
prior to the scheduled public hearing date, all property owners whose
property limits are within one hundred eighty-five (185) feet of the
boundaries of the property for which the application is filed. Failure
to receive notice by mail does not invalidate any action taken.
3.
Posted notice. The City shall attempt to post notice
on property that is the subject of the application at least fifteen
(15) days before the scheduled public hearing. Failure by the City
to post such notice shall not invalidate any action taken.
F.
Review Criteria. In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning and Zoning Commission and Board of Aldermen shall review the proposed amendment in light of the criteria for considering applications contained in Section 405.075(K), as well as the Comprehensive Plan, the general requirements of this Unified Development Code and the following considerations including, but not limited to:
1.
Whether or not the requested zoning change is justified by a change
in conditions since the original ordinance was adopted or by an error
in the original ordinance;
2.
The ability of the City to lessen congestion in the streets; secure
safety from fire, panic and other dangers; promote health and the
general welfare; provide adequate light and air; prevent the overcrowding
of land; avoid undue concentration of population; preserve features
of historical significance; facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements;
3.
The precedents and the possible effects of such precedents, that
might result from approval or denial of the petition;
4.
The consistency of the application with adopted policies of the City;
and
5.
The zoning and land use recommended within the Comprehensive Plan.
G.
Protest Petitions. In order to be considered valid, a protest
petition must be 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
(185) feet distant from the boundaries of the district proposed to
be changed. If a valid protest petition is submitted to the City ten
(10) days prior to Board of Aldermen final action on the application,
an amendment to the official Zoning Map (zoning change) shall not
become effective except by the favorable vote of two-thirds (⅔)
of all the members of the Board of Aldermen.
H.
Successive Applications. In the event that the Board of
Aldermen denies an application for an amendment to the official Zoning
Map (zoning change), an application for the zoning shall not be refiled
for one (1) year from the advertised public hearing date of the Board
of Aldermen. The Planning and Zoning Commission, upon petition by
the applicant, may permit a refiling of said application after six
(6) months from the original Board of Aldermen public hearing date
when it determines that significant physical, economic or land use
changes have taken place on the subject tract or within the immediate
vicinity or a significant development code text amendment has been
adopted.
I.
Adoption By Ordinance — Changes To Official Zoning Map. Amendment to the official Zoning Map (zoning changes) shall be approved
by the Board of Aldermen in the form of an ordinance. Approved changes
shall be indicated on the official Zoning Map by Zoning Officer promptly
after the ordinance authorizing such change is adopted by the Board
of Aldermen.
[Ord. No. 1383 §314, 1-6-2003; Ord. No. 1515 §1, 6-5-2006]
This Section sets out the required review and approval procedures
for planned unit developments.
A.
Overview Of Process. The "PUD" review process involves at
least two (2) steps: "PUD" concept plan review and "PUD" final plan
review. In many cases, land will need to be subdivided in order to
carry out a "PUD" plan. The subdivision process, however, is a separate
process, although it can run concurrently with (or following the conclusion
of) the "PUD" review process of this Section.
1.
"PUD" concept plan review. During "PUD" concept
plan review, the "PUD" concept plan application is reviewed with respect
to such issues as density, including the number, type and location
of dwelling units and other uses; impacts on surrounding areas; and
the adequacy of facilities and services. The result of this review
is the establishment of the basic parameters for development of the
"PUD" project. "PUD" concept plan approval establishes the maximum
development envelope for the project with regard to density, lot sizes,
overall scale, open space, environmental protection and other land
development service provision issues.
2.
"PUD" final plan review. The "PUD" final plan review
stage is the point where applicants bring forward detailed plans for
carrying out the type of project approved conceptually during "PUD"
concept plan review. The applicant must submit the detailed and technical
information necessary to demonstrate that all applicable standards,
requirements and conditions have been met. Approval will only be granted
if the "PUD" final plan is in substantial conformance with the approved
"PUD" concept plan.
B.
"PUD" Concept Plan.
1.
Pre-application conference. Before submitting a
"PUD" concept plan, the applicant shall confer with the Director of
Community Development or designee and other City Officials designated
by the Director of Community Development or designee. The purpose
of this pre-application conference is to discuss the proposal and
the applicable development review and approval procedures.
2.
Purpose of "PUD" concept plan. A "PUD" concept plan
is a generalized land use plan for the entire area proposed to be
included within a "PUD". The purpose of a "PUD" concept plan is to
allow very early review of a proposed "PUD" plan before substantial
technical planning work has been undertaken.
4.
"PUD" concept plan review criteria. Applications
for "PUD" concept plan approval shall be approved if the following
criteria are met:
a.
The plan represents an improvement over what could have been accomplished
through strict application of otherwise applicable base zoning district
standards based on the purpose and intent of this Unified Development
Code;
b.
The "PUD" concept plan is in conformance with the "PUD" standards of Section 405.195 and any standards required as a result of an overlay district;
c.
The existing or proposed utility services are adequate for the proposed
development;
d.
The development is consistent with and implements the planning goals
and objectives of the City as contained in the Comprehensive Plan
and other adopted policy resolutions; and
e.
The "PUD" concept plan is consistent with good general planning practice
and the development will promote the general welfare of the City.
5.
Effect of "PUD" concept plan approval. Approval
of a "PUD" concept plan shall constitute acceptance of the overall
general planning concepts for the proposed "PUD" development and is
a prerequisite for the filing of a "PUD" final plan.
6.
Lapse of "PUD" concept plan approval. An approved
"PUD" concept plan shall lapse and be of no further force and effect
if a "PUD" final plan for the "PUD" (or a phase of the "PUD") has
not been approved within two (2) years of the date of approval of
the "PUD" concept plan.
C.
"PUD" Final Plan.
1.
Procedure. The process for "PUD" final plan review shall be the same as Section 405.075, General Requirements for All Applications.
2.
"PUD" final plan review criteria. A "PUD" final
plan shall be approved by the Planning and Zoning Commission if it
is determined by the Planning and Zoning Commission to be in substantial
compliance with the approved "PUD" concept plan. The "PUD" final plan
shall be deemed to be in substantial compliance with the "PUD" concept
plan as long as, when compared with the "PUD" concept plan, it does
not result in:
a.
An increase of ten percent (10%) or more in density or intensity,
including the number of housing units per acre or the amount of non-residential
floor area per acre;
b.
A change in the mix of housing types or the amount of land area devoted
to non-residential uses;
c.
A reduction in the amount of open space;
d.
Any change to the vehicular system that results in a significant
change in the amount or location of streets, common parking areas
and access to the "PUD";
e.
Any change within fifty (50) feet of an "R-2" or less intensive zoning
district;
f.
Any change determined by the Planning and Zoning Commission to represent
an increase in development intensity;
g.
A change in use categories; or
h.
A substantial change in the layout of buildings.
3.
Effect of approval — lapse of approval. Approval of a "PUD" final plan shall confer upon the applicant the right to develop the subject property in accordance with the approved "PUD" final plan. The right to develop in accordance with an approved "PUD" final plan shall lapse and be of no further effect if all development shown on the "PUD" final plan is not complete within a time frame established by the Board of Aldermen pursuant to Section 405.090(B)(6). Once approval lapses, the plan is no longer valid.
4.
Designation of official zoning map. Sites governed
by an approved "PUD" final plan shall be designated on the official
Zoning Map with the letters "PUD" and a case file locator number for
the approved "PUD" final plan.
[Ord. No. 1383 §315, 1-6-2003; Ord. No. 1637 §1, 6-1-2009]
This Section sets out the required review and approval procedures
for conditional use permits.
A.
Application. A complete application for a conditional use
permit shall be submitted to the Zoning Officer in a form established
by the City along with a non-refundable fee that has been established
by the City to defray the cost of processing the application. No application
shall be processed until the application is complete and the required
fee has been paid.
B.
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the application in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the applicable review criteria set forth in Section 405.075. The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
C.
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on
the proposed amendment within sixty (60) days of the date that a complete
application is filed, provided that required notice can be given within
that time. Within forty-five (45) days of the close of the public
hearing, the Planning and Zoning Commission shall recommend approval,
modified approval or denial of the request. After taking action, the
Planning and Zoning Commission shall transmit a written summary of
its action and proceedings to the Board of Aldermen. In acting on
conditional use permits, the Planning and Zoning Commission shall
be authorized to recommend such conditions, safeguards, restrictions
or time frames upon the premises benefited by the conditional use
as may be necessary to reduce or minimize any potentially injurious
effect upon other property in the area or to carry out the general
purpose an intent of this Unified Development Code so long as the
condition, safeguard or restriction relates to a situation created
or aggravated by the proposed use.
D.
Review And Action — Board Of Aldermen. Within the
thirty (30) days of the close of the Planning and Zoning Commission
public hearing, the Board of Aldermen shall hold a public hearing
on the proposed amendment. The Board of Aldermen shall act to approve,
approve with modifications or deny the proposed amendment within sixty
(60) days of the date of the close of the Board of Aldermen public
hearing on the amendment.
E.
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.
F.
Conditional Use Permits — Standards For Approval.
1.
Special uses may be approved by action of the Board of Aldermen after recommendation from the Commission using the procedures and standards set forth in Section 405.095. Conditional uses may be approved with conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual special use and other conditions deemed necessary to insure compatibility with surrounding land uses.
2.
In considering any application for a conditional use permit, the Commission and Board of Aldermen may give consideration to the criteria listed in Section 405.075(K), to the extent they are pertinent to the particular application.
G.
Conditional Use Permits — Vesting Of Rights.
1.
The mere issuance of a conditional use permit gives no vested rights
to the permit holder.
2.
A right to continue a specially permitted use shall vest only if
the project is constructed and the use actually started.
3.
The right to continue a special use that was permitted prior to the
effective date of this Unified Development Code shall last only as
long as specified by the conditional use permit, provided that all
conditions of said approval continues to be met.
4.
As of the effective date of this Unified Development Code, existing
permits shall be subject to the provisions for transferability as
expressed in this Unified Development Code.
H.
Successive Applications. In the event that the Board of
Aldermen takes final action to deny an application for a conditional
use permit, an application for the same use shall not be refiled for
one (1) year from the advertised public hearing date. The Planning
and Zoning Commission, upon petition by the applicant, may permit
a refiling of said application six (6) months after the original Planning
and Zoning Commission or Board of Aldermen public hearing date when
it determines that significant physical, economic or land use changes
have taken place within the immediate vicinity or a significant development
code text amendment has been adopted.
I.
Amendments. The procedure for amending a conditional use
permit shall be the same as required for the original approval.
[Ord. No. 1383 §316, 1-6-2003; Ord. No. 1420 §§2 —
3, 11-17-2003; Ord. No. 1515 §2, 6-5-2006]
This Section sets out the required review and approval procedures
for obtaining a building permit for construction subject to site plan
and design review.
A.
Uses And Development Subject To Site Plan And Design Review. The Zoning Officer shall not allow a building permit to be issued
for any of the following development types until a site plan has been
reviewed and approved in accordance with the terms of this Section:
1.
All development requiring permits except: Signs, single-family units,
fences six (6) feet in height or less, renovations and structures
in the Agriculture (limited or general) District not in excess of
seven hundred fifty (750) square feet.
B.
Application. A complete application for site plan and design
review approval shall be submitted to the Zoning Officer in a form
established by the City along with a non-refundable fee that has been
established by the City to defray the cost of processing the application.
No application shall be processed until the application is complete
and the required fee has been paid.
C.
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed site plan in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.100(G). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
D.
Review And Recommendation — Planning And Zoning Commission. After reviewing the site plan and architectural drawings, the Planning and Zoning Commission shall act to recommend approval, approval with modifications or denial of the application for site plan and design review based on the criteria set forth in Section 405.100(G). If the Planning and Zoning Commission determines that the application involves a proposed site plan that meets any of the following criteria:
1.
Property larger than five (5) acres.
2.
New construction greater than five thousand (5,000) square feet.
3.
Uses including outdoor activities.
4.
Uses with hours of operation between the hours of 7:00 P.M. and 7:00
A.M.
5.
Uses that have a significant impact on public infrastructure.
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it may include in its recommendation that the Board of Aldermen
provide notice and hold a public hearing on the proposed site plan
in its consideration of the application.
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E.
Review And Action — Board Of Aldermen. Within thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall consider the proposed site plan. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed site plan within sixty (60) days of the date of the close of the Board of Aldermen's consideration of the site plan. In the event the Planning Commission has recommended that a public hearing be held on the application pursuant to Section 405.100(D) or the Board of Aldermen determines on its own initiative that a public hearing should be held, the Board of Aldermen shall hold a public hearing on the proposed site plan. Any approval by the Board of Aldermen of an application in which a public hearing is held shall be by ordinance in conjunction with the rezoning of the property, or if not in conjunction with rezoning, as an amendment to the ordinance that previously zoned the property.
F.
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.
G.
Review Criteria. In reviewing a site plan and design review
application, the Planning and Zoning Commission and the Board of Aldermen
shall identify and evaluate all factors relevant to the application,
including whether it complies with all applicable provisions of this
Development Code. The Planning and Zoning Commission and the Board
of Aldermen shall approve a site plan unless it is determined that
the proposed development:
1.
When completed in accordance with the proposed plan, would not comply with all applicable requirements of this Unified Development Code, including, as applicable, the Non-Residential Design Standards of Section 405.260 would adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonable expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area; is not compatible with existing or permitted uses on abutting sites in terms of building height, setbacks and open spaces, bulk and scale, landscaping, exterior building design features, drainage, access, parking and circulation features;
2.
Adversely affects traffic control or adjacent properties by inappropriate
location, lighting, size, height or types of signs; or
3.
Will be detrimental to the public health, safety or welfare or materially
injurious to properties or improvements in the vicinity for reasons
specifically articulated by the Planning and Zoning Commission.
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The applicant shall have the burden of demonstrating that the
proposal meets the applicable review criteria.
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I.
Revisions To Approved Site Plan And Design Review Plans. The Zoning Officer may approve minor amendments to approved site
plans and architectural drawings without the refiling of a new application,
but in no event shall Zoning Officer approve the following amendments
except through the same process used to approve the original site
plan and drawings.
J.
Expiration Of Approved Site Plan And Design Review Plans. An approved site plan and design review plan shall expire and be
of no further effect if an application for a building permit for one
(1) or more buildings shown on the approved site plan and design review
plan is not filed within one (1) year of the date that the site plan
and design review plan is approved.
[Ord. No. 1383 §317, 1-6-2003]
A.
Building Permit. In accordance with the City Code, it shall
be unlawful to commence or to proceed with the erection, construction,
reconstruction, structural conversion, structural alteration, enlargement,
extension, razing or moving of any building or structure or any portion
thereof until a building permit has been granted therefore.
B.
Occupancy Permit. In accordance with the City Code, it shall
be unlawful to occupy any building or structure or any portion thereof
until an occupancy permit has been granted therefore.
[Ord. No. 1383 §318, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
This Section sets out the required review and approval procedures
for vacation of any plat, part of a plat, street, alley, utility easement.
A.
Application. A complete application for vacation shall be
submitted to the Zoning Officer in a form established by the City
along with a non-refundable fee that has been established by the City
to defray the cost of processing the application. No application shall
be processed until the application is complete and the required fee
has been paid. The application shall be made by all owners of lands
adjoining on both sides of the street, alley or public reservation
proposed to be vacated. If the application is not submitted by all
such owners, that fact shall be noted on the application along with
the names and addresses of all adjoining owners who are not party
to the application.
B.
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed vacation request in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.110(D) and (E). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C.
Notice Of Public Hearing.
1.
Newspaper notice. Notice of the time and place of
scheduled public hearing before the Planning and Zoning Commission
shall be published in a newspaper of general circulation at least
fifteen (15) days prior to the public hearing.
2.
Written notice. The City shall attempt to notify
by mail all owners of property abutting the proposed area of vacation,
holders of any property interests of record and any utility providers
with lines in the area to be vacated. Failure to receive notice by
mail does not invalidate any action taken.
D.
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall consider the vacation request in light of the Comprehensive Plan, the general requirements of this Development Code and the applicable review criteria of Section 405.110(B). After such consideration, the Planning and Zoning Commission shall make a recommendation to approve or disapprove the vacation. The Planning and Zoning Commission recommendation shall be provided to the Board of Aldermen and the applicant at least five (5) days before the meeting that the Board of Aldermen considers the vacation.
E.
Review And Action — Board Of Aldermen. The Board of
Aldermen shall consider the vacation request at a regular meeting.
The Board of Aldermen shall approve the application if it determines
from the submitted evidence and testimony that:
1.
Due and legal notice has been given by publication as required herein;
2.
No private rights will be injured or endangered by the vacation;
3.
The public will suffer no loss or inconvenience thereby and that
in justice to the applicant or applicants, the application should
be granted.
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The City may require easements to be provided if deemed necessary
for the public good or welfare.
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[Ord. No. 1383 §319, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
This Section sets out the required review and approval procedures
for use variances and area variances.
A.
Application Submittal. A complete application for a variance
shall be submitted to the Zoning Officer in a form established by
the City along with a non-refundable fee that has been established
by the City to defray the cost of processing the application. No application
shall be processed until the application is complete and the required
fee has been paid.
B.
Review And Action — Board Of Zoning Adjustment. The
Board of Zoning Adjustment shall review the variance application and
act to approve, approve with modifications or deny the application
based upon review criteria set out in this Section. The Board of Zoning
Adjustment shall take action on a variance application within a reasonable
period of time after application submittal but in no case more than
sixty (60) days after receipt of a complete application unless the
applicant consents to an extension of the sixty (60) day period. A
concurring vote of at least four (4) members of the Board of Zoning
Adjustment shall be required to approve any variance request.
C.
Notice Of Public Hearings. Notification requirements shall be the same as the requirements listed in Section 405.085.
D.
Review Criteria — Findings Of Fact.
1.
Use variances. A variance that would have the effect
of allowing a use that the underlying zoning district prohibits may
be granted by the Board of Zoning Adjustment upon an affirmative finding
that all of the following conditions have been met. The Board of Zoning
and Adjustment shall make a determination on each condition, and its
findings shall be entered in the official record.
a.
The requested variance arises from conditions that are unique to
the subject property, that are not ordinarily found in the same zoning
district and that are not a result of the owner's intentional action;
b.
The granting of the permit for the variance will not adversely affect
the rights of adjacent property owners or residents;
c.
The strict application of the provisions of the zoning regulations
that the variance is requested will constitute unnecessary hardship
upon the property owner represented in the application;
d.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare.
2.
Area variances. A variance that does not have the
effect of allowing a use that the underlying zoning district prohibits
may be granted by the Board of Zoning Adjustment upon on affirmative
finding that all of the following conditions have been met. The Board
of Zoning Adjustment shall make a determination on each condition,
and its findings shall be entered in the official record.
a.
The requested variance arises from conditions that are unique to
the subject property, that are not ordinarily found in the same zoning
district and that are not a result of the owner's intentional action;
b.
The granting of the permit for the variance will not adversely affect
the rights of adjacent property owners or residents;
c.
The strict application of the provisions of the zoning regulations
of that the variance is requested will constitute a practical difficulty
because the property cannot be used for an otherwise permitted use
without coming into conflict with applicable site development standards;
and
d.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare.
E.
Conditions Of Approval.
1.
Conditions. In granting a variance, the Board of
Zoning Adjustment may impose such conditions, safeguards and restrictions
upon the premises benefited by the variance as may be necessary to
reduce or minimize any potentially injurious effect of such variance
upon other property in the neighborhood and to carry out the general
purpose and intent of this Development Code. In addition, the Board
of Zoning Adjustment may grant a temporary variance with specific
time limits.
2.
Performance bonds. The Board of Zoning Adjustment
may require a performance bond to guarantee the installation of improvements.
The amount of the bond shall be based on a general estimate of cost
for the improvements as determined by the Board of Zoning Adjustment,
and shall be enforceable by or payable to the City in this sum equal
to the cost of constructing the required improvements.
3.
Time limits. In lieu of performance bonds or other
conditions, the Board of Zoning Adjustment may specify a time limit
for the completion of such required improvements and in the event
the improvements are not completed within the specified time, the
Board of Zoning Adjustment may, after reconsideration, declare the
granting of the application null and void, or the variance may be
made contingent on the performance of certain actions.
F.
Appeals Of Board Of Zoning Adjustment Decisions. Any person
aggrieved by a decision of the Board of Zoning Adjustment may present
to the Circuit Court of the County a petition duly verified setting
forth that such decision is illegal, in whole or part, specifying
the grounds of the illegality. Such petition shall be presented to
the court within thirty (30) days after the date of the Board of Zoning
Adjustment's decision on the matter.
[Ord. No. 1383 §320, 1-6-2003]
This Section sets out the required review and approval procedures
for written interpretations of the provisions of this Unified Development
Code.
A.
Application Submittal. A complete application for a written
interpretation shall be submitted to the Zoning Officer in a form
established by the City along with a non-refundable fee that has been
established by the City to defray the cost of processing the application.
No application shall be processed until the application is complete
and the required fee has been paid.
B.
Review And Action — Zoning Officer. Within twenty
(20) days after a complete application for a written interpretation
has been submitted, the Zoning Officer shall:
C.
Form. The interpretation shall be provided to the applicant
in writing and shall be filed in the official record of interpretations.
D.
Official Record Of Interpretations. The Zoning Officer shall
maintain an official record of interpretations. The record of interpretations
shall be available for public inspection in the office of the Zoning
Officer during normal business hours.
E.
Appeal Of Zoning Officer's Interpretation. Appeals of the Zoning Officer's written interpretations may be taken to the Board of Zoning Adjustment, in accordance with the procedures of Section 405.125, by filing an appeal with the Zoning Officer within seven (7) days of the date of the Zoning Officer's decision.
[Ord. No. 1383 §321, 1-6-2003]
This Section sets out the required review and approval procedures
for appeals of administrative decisions.
A.
Applicability. The Board of Zoning Adjustment shall be authorized
to hear and decide appeals where it is alleged there is an error in
any order, requirement, decision or determination made by an administrative
official of the City in the administration or enforcement of this
Unified Development Code.
B.
Right To Appeal. Appeals of administrative decisions may
be filed by any person aggrieved or by and officer, department, board
or bureau of the municipality affected by any decision of the administrative
officer.
C.
Application Submittal. Applications for appeals of administrative
decisions shall be submitted to the Zoning Officer in a form established
by the City along with a non-refundable fee that has been established
by the City to defray the cost of processing the application. No application
shall be processed until the application is complete and the required
fee has been paid.
D.
Time Of Filing Appeal. Appeals of administrative decisions
shall be filed within ten (10) days of the date of the decision being
appealed.
E.
Effect Of Filing. The filing of a complete application for
appeal stays all proceedings in furtherance of the action appealed,
unless the official whose decision is being appealed certifies to
the Board of Zoning Adjustment, after the appeal is filed, that, because
of facts stated in the certification, a stay would cause immediate
peril to the public welfare, life or property. In such case, proceedings
shall not be stayed other than by a restraining order that may be
granted by the Board of Zoning Adjustment or by a court of record.
F.
Action By The Zoning Officer. The Zoning Officer or the
official whose decision is being appealed shall transmit to the Board
of Zoning Adjustment all papers constituting the record that the action
appealed is taken.
G.
Review And Action — Board Of Zoning Adjustment. Appeals
of administrative decisions shall be taken to the Board of Zoning
Adjustment. The Board of Zoning Adjustment shall grant to the administrative
official's decision a presumption of correctness, placing the burden
of persuasion of error on the appellant. In exercising the appeal
power, the Board of Zoning Adjustment shall have all the powers of
the official from whom the appeal is taken, and the Board of Zoning
Adjustment may reverse or affirm, wholly or partly, or may modify
the decision being appealed. If the Board of Zoning Adjustment determines
that it is necessary to obtain additional evidence in order to resolve
the matter, it shall remand the appeal to the official from whom the
appeal is taken with directions to obtain such evidence and to reconsider
the decision in light of such evidence. The Board of Zoning Adjustment
shall take action on an appeal within a reasonable period of time
after application submittal but in no case more than sixty (60) days
after receipt of a complete application. A concurring vote of four
(4) members of the Board of Zoning Adjustment shall be necessary to
reverse any order, requirement, decision or determination of an administrative
official.
H.
Review Criteria — Findings Of Fact And Conclusions Of Law. An appeal shall be sustained only if the Board of Zoning Adjustment
finds that the administrative official erred. Every decision of the
Board of Zoning Adjustment shall be accompanied by a written finding
of fact and conclusions of law specifying the reason for the decision
and said written findings shall be filed in the office of the Board
of Zoning Adjustment.
I.
Appeals Of Board Of Zoning Adjustment Decisions. Any person
aggrieved by a decision of the Board of Zoning Adjustment may present
to the Circuit Court of the County a petition duly verified setting
forth that such decision is illegal, in while or in part, specifying
the grounds of the illegality. Such petition shall be presented to
the court within thirty (30) days after the date that the Board of
Zoning Adjustment's written decision on the matter is filed in the
office of the Board of Zoning Adjustment.
[Ord. No. 1383 §322, 1-6-2003]
A.
Authority. The Board of Aldermen, by resolution, may direct the Zoning Officer, or other appropriate City staff, not to initiate or not to continue the processing of any development application authorized by this Unified Development Code; provided that, the Board of Aldermen has previously directed City staff to prepare, or obtain consultant assistance in the preparation of, Unified Development Code text amendments contemplated by Section 405.080 of this Unified Development Code or planning policies.
B.
Procedure. The Board of Aldermen, in the resolution, shall
establish the types and nature of development applications with respect
to which processing shall be delayed. This decision shall be based
upon the likelihood that the proposed Unified Development Code text
amendment or planning policy may have an impact on the content and
submission requirements and/or consideration of a certain type and/or
nature of development applications. The resolution may delay the processing
of certain types or nature of, or all, development applications within
the entire City or a defined geographic area of the City if it determines
that development applications related to property within the defined
geographic area covered by the resolution will be impacted by the
proposed Unified Development Code text amendment or planning policy.
C.
Effective Period. The resolution shall establish the period
of time within which processing of development applications shall
be delayed or discontinued. The period of time set shall not exceed
one (1) year from the date of adoption of the resolution; provided
that, in no event shall the period set extend beyond the date upon
which the Board of Aldermen makes a final decision in its consideration
of the Unified Development Code text amendment or planning policy
that it has directed City staff to prepare. If the Board of Aldermen
determines that a good faith effort is being made to prepare and make
a final decision on the Unified Development Code text amendment or
planning policy but that no final decision has been made, it may extend
the period of time set in the initial resolution for an additional
period not to exceed one (1) year.
D.
Purpose. This Section is designed to preserve the status
quo while consideration is given to a Unified Development Code text
amendment or planning policy and to prevent the establishment of a
new non-conforming situation that will undermine the effect of the
Unified Development Code text amendment before it is adopted.
[Ord. No. 1383 §1009, 1-6-2003]
A.
The
Zoning Officer is authorized, as deemed necessary, to prepare administrative
guidelines to augment, implement and provide further details and examples
of methods and manners of complying with the minimum design standards
of this Section and to assist City staff, the Planning and Zoning
Commission and the Board of Aldermen in evaluating whether a proposed
subdivision complies with the minimum design standards.
B.
No
later than fourteen (14) days in advance of the effective date as
set by the Zoning Officer of an administrative guideline, the Zoning
Officer shall provide a copy of the administrative guideline to each
member of the Board of Aldermen. Upon receipt of the administrative
guideline, a majority of the Board of Aldermen may request a review
of the administrative guideline and may approve all or a portion of
such guidelines by resolution. Any portion reviewed by the Board of
Aldermen and not so approved shall not take effect. If the Board of
Aldermen does not request review, the administrative guideline shall
take effect on the date set by the Zoning Officer. All administrative
guidelines that take effect in this manner and have not been previously
adopted by the Board of Aldermen shall be adopted by the Board of
Aldermen by resolution annually.
[Ord. No. 1383 §323, 1-6-2003]
The provisions of this Unified Development Code are not intended
to affect any deed restriction, covenant, easement or any other private
agreement relating to or restricting the use of land. Where the provisions
of this Unified Development Code are more restrictive than any private
restriction, the requirements of this Unified Development Code shall
control. Where the provisions of any private restriction are more
restrictive than the provisions of this Unified Development Code,
the private restrictions shall control, if properly enforced by a
person having the legal right to enforce the restrictions. Private
restrictions shall not be enforced by the City.
[Ord. No. 1383 §324, 1-6-2003]
A.
Previously Existing Regulations. Those regulations in effect
immediately prior to the effective date of this Unified Development
Code shall be referred to in this Unified Development Code as the
"previously existing regulations". This Unified Development Code shall
be referred to either as "these regulations" or the UDC.
B.
Administrative Permits. All permits issued by an administrative official or body, or a legislative body acting in an administrative capacity, prior to the effective date of this Unified Development Code shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this Unified Development Code, except as further specified in Article IX.
C.
Subdivision. Complete applications for preliminary plat(s)
submitted prior to the effective date of these regulations shall be
processed under the previously existing regulations. Incomplete applications
for preliminary plats submitted prior to the effective date of this
Unified Development Code, and that are not submitted in a complete
form until after the effective date of this Unified Development Code,
shall be processed under this Unified Development Code. All applications
for subdivision approvals submitted after the effective date of these
regulations shall be reviewed pursuant to these regulations. Preliminary
or final plat applications, approved under the previously existing
regulations, that are allowed to lapse or expire will be subject to
reapplication under these regulations.
D.
Zoning.
1.
Existing uses may continue either in compliance with these regulations or as legal non-conforming uses subject to the requirements of Article IX.
2.
Existing lots that do not comply with the requirements of these regulations may be developed pursuant to the requirements of Article IX.
3.
Applications for proposed new uses submitted after the effective
date of this Unified Development Code shall be considered pursuant
to these regulations.
E.
Special Permits. The Zoning Officer shall monitor all outstanding conditional use permits issued under the previously existing regulations and prior to expiration of an existing conditional use permit, the permit holder may, if required under this UDC, apply for a conditional use permit as set forth in Section 405.095.
