City of Mount Vernon, MO Article VI Administration and Penalty

Section 410.380 Variances, Exceptions And Waiver Of Conditions.

[R.O. 2004 § 410.380; Ord. No. 2.56 § 3(Art. 1 § 1.11), 1-9-2001]

A. General. Whenever the Planning and Zoning Commission deems that extraordinary hardship or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be better served by an alternative proposal, it may authorize a variance, exception or waiver of the conditions of these regulations. In authorizing such variance, exception or waiver, the Planning and Zoning Commission shall consider the following:

1. The conditions that the request is based upon constitute special circumstances or conditions affecting the property for which the relief is sought and are not generally applicable to other property.

2. The variance, exception or waiver is necessary for the reasonable and acceptable development of the property in question and involve a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.

3. The granting of the variance, exception or waiver will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

4. The granting of the variance, exception or waiver will not in any manner vary the provisions of the zoning regulations, Comprehensive Plan or Official Map, except that those documents may be amended in the manner specified by law.

B. Conditions. In approving variances, exception or waiver of conditions, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the purpose described in Section 410.060 of these regulations.

C. Procedure. A petition for a variance, exception or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary or final plat is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the condition from which the petitioner is seeking relief, the grounds for the application and all of the facts relied upon by the petitioner, including the ability to meet the conditions of Section 410.380(A) above.

Section 410.390 Amendments.

[R.O. 2004 § 410.390; Ord. No. 2.56 § 3(Art. 1 § 1.12), 1-9-2001]

For the purpose of protecting the public health, safety and general welfare, the Planning and Zoning Commission may from time to time propose amendments to these regulations. Such proposed amendments shall be heard as part of a public hearing following public notice as require by law. Following recommendation by the Planning and Zoning Commission, the Governing Body shall make action by approving or disapproving the amendment.

Section 410.400 Duties Of The Zoning Administrator.

[R.O. 2004 § 410.400; Ord. No. 2.56 § 3(Art. 2 § 2.01), 1-9-2001]

A. Maintain permanent and current records with respect to these regulations, including amendments thereto. Keep on file minutes and agendas of all meeting and hearings.

B. Review all applications for sketch, preliminary and final plats and notify applicants of acceptability for review.

C. Process and distribute all sketch, preliminary and final plats together with applications and filing fees.

D. Transmit sketch, preliminary and final plats to the Planning and Zoning Commission along with written comments.

E. Transmit Planning and Zoning Commission recommendations regarding acceptance of plats to the Governing Body for its action.

F. Transmit final plats to Recorder of Deeds for filing.

G. Review and approve, approve conditionally or disapprove lot splits per Article III.

Section 410.410 Duties Of The City Engineer.

[R.O. 2004 § 410.410; Ord. No. 2.56 § 3(Art. 2 § 2.02), 1-9-2001]

A. Determine the need for a detailed drainage study or stormwater improvements based upon the submittal of the sketch plat per Section 410.140.

B. Review all applications for sketch, preliminary and final plats and notify applicants of acceptability for review.

C. Review and approve, approve conditionally or disapprove drainage studies per Section 410.170.

D. Review and approve, approve conditionally or disapprove construction documents per Section 410.180.

E. Review and approve, approve conditionally or disapprove lot splits per Article III.

F. Review or inspect all required improvements and as-built drawings and recommend acceptance, acceptance conditionally or rejection per Section 410.340.

Section 410.420 Duties Of The Planning And Zoning Commission.

[R.O. 2004 § 410.420; Ord. No. 2.56 § 3(Art. 2 § 2.03), 1-9-2001]

A. Review and approve, approve conditionally or disapprove preliminary plats per Section 410.150(F) through (G) within sixty (60) days after the first meeting of the Planning and Zoning Commission constituting the official submission date as defined in Section 410.130.

B. Review and approve, approve conditionally or disapprove final plats within sixty (60) days after the first meeting of the Planning and Zoning Commission following the submission of the final plat per Section 410.160(F) through (G). Transmit approved final plats, together with appropriate recommendations, to the Governing Body for its acceptance of dedications of public improvements.

C. Review and approve, approve conditionally or disapprove lot splits where an applicant has appealed staff's decision per Section 410.200.

D. Review and approve, approve conditionally or disapprove variances, exceptions and waivers of conditions of the regulations herein per Section 410.380.

E. Make other determinations and decisions including making recommendations of amendments to these regulations as may be required of the Planning and Zoning Commission from time to time per Section 410.390.

Section 410.430 Duties Of The Governing Body.

[R.O. 2004 § 410.430; Ord. No. 2.56 § 3(Art. 2 § 2.04), 1-9-2001]

A. Consider Planning and Zoning Commission recommendations on final plats and accept or reject dedications of public improvements within thirty (30) days after the first meeting of the Governing Body following action by the Planning and Zoning Commission per Section 410.160(H).

B. Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by the regulation per Section 410.320.

C. Accept, accept conditionally or reject dedication of required improvements following completion and inspection per Section 410.340.

D. Take other action as required from time to time, including the consideration of amendments to these regulations per Section 410.390.

Section 410.440 Severability And Savings Clause.

[R.O. 2004 § 410.440; Ord. No. 2.56 § 3(Art. 1 § 1.10), 1-9-2001]

A. Each Section and each Subsection of these regulations are hereby declared to be independent of every other Section or Subsection so far as the passage of these regulations are concerned and the invalidity of any Section or Subsection of these regulations shall not invalidate any other Section or Subsection thereof.

B. These regulations shall in no manner affect pending actions either civil or criminal founded on or growing out of any ordinance or part of any ordinance hereby repealed and these regulations shall in no manner affect rights or causes of action either civil or criminal not in suit that may have already occurred or grown out of any ordinance or part of any ordinance hereby repealed.

C. If any Section, Subsection, sentence, clause, phrase or portion of these regulations are for any reason held to be invalid or unconstitutional by the decision of any court, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.