[Ord. No. 849 § 400.1, 10-16-2007]
This Chapter sets forth the Land Development Regulations of
Lake Lotawana, Missouri.
[Ord. No. 849 § 400.2, 10-16-2007]
The authority to adopt Land Development Regulations is codified
in Chapter 89, RSMo.
[Ord. No. 849 § 400.3, 10-16-2007]
These Land Development Regulations shall be in full force and
effect from and after their approval by the Board of Aldermen.
[Ord. No. 849 § 400.4, 10-16-2007]
A.
Consistent with the City's adopted Comprehensive Plan, as same may
from time to time be amended, the purpose of these regulations is
to:
1.
Promote the public health, safety, and general welfare;
2.
Ensure that all development approvals, legislation and public/private
acts are consistent with the adopted Comprehensive Plan;
3.
Promote orderly, appropriate and balanced use and development
of land consistent with sound environmental policies;
4.
Protect the quality and quantity of prime agricultural and environmentally
sensitive lands;
5.
Facilitate safe and economical provision of streets, water,
wastewater disposal, stormwater drainage, schools, libraries, utilities,
parks, fire and police facilities, and other public requirements;
6.
Regulate the density of population, the location and use of
buildings, structures and land for trade, industry, residence, mixed
uses, prevent the overcrowding of land, and avoid the undue concentration
of population;
7.
Preserve features of historic and archeological significance;
8.
Establish levels of service in these regulations to ensure the
availability and location of concurrent and adequate public facilities
by State, County, regional, or other service providers (including
transportation, stormwater management, sewer, water, telephone, electric
and gas utilities, emergency services, fire, police, parks, open space,
library and schools) consistent with the Comprehensive Plan, as amended;
and to insure appropriate financing for services and facilities necessary
to protect the health, safety and general welfare of current and future
residents;
9.
Establish administrative regulations to oversee the land development
process and to establish appropriate and proportional fees for City,
State and Board review of development approvals;
10.
Maintain predictability of the development approval process,
protect vested rights, and assure fairness for affected landowners;
and
11.
Protect the planning process through adoption of interim development
controls during studies, citizen forums and public hearings necessary
for the formulation and adoption of updated Comprehensive Plans and
amended land development regulations by preventing the establishment
of non-conforming uses during the planning process which would be
inconsistent with proposed amendments and insuring full citizen and
developer participation.
[Ord. No. 849 § 400.5, 10-16-2007]
These regulations shall apply throughout the City and shall
provide a guide for the courts in relation to public and private acts
outside of the City limits that have a detrimental effect upon the
City and property within the City.
[Ord. No. 849 § 400.6, 10-16-2007]
A.
No structure shall be used, erected, converted, enlarged, reconstructed,
moved or altered, nor shall any land be used, except for a use permitted
in the district in which such structure or land is located or conditional
or accessory to a permitted use.
B.
No structure shall be erected, converted, enlarged, reconstructed
or altered to exceed the height limit herein established for the district
in which such structure is located.
C.
No structure shall be erected, converted, enlarged, reconstructed
or altered, nor shall any land be used, except in conformity with
the area regulations of the district in which such building or land
use is located.
D.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, and no land shall be used, except in
conformity with the off-street parking and loading regulations of
the district in which such structure is located.
E.
Every structure erected, converted, enlarged, reconstructed or altered
shall be located on a lot as defined herein and in no case shall there
be more than one (1) principal structure on a lot except as provided
in these regulations.
F.
All inhabited manufactured homes shall be located in a manufactured
home subdivision. The temporary use of a manufactured home or a temporary
building in conjunction with construction work shall be permitted.
No manufactured home or mobile home may be used as an accessory structure
in a residential district.
G.
No structure or land shall be occupied or used without first obtaining
a building permit and a certificate of occupancy from the Zoning Administrator
of the City of Lake Lotawana, as specified in these regulations.
[Ord. No. 849 § 400.7, 10-16-2007]
A.
All divisions or subdivisions of land into two (2) or more parcels,
tracts, or lots for purpose of sale, development or lease shall be
subject to the procedures and requirements of these regulations.
B.
Any plat, hereafter made, for each subdivision or each part thereof
lying within the City shall be prepared, presented for approval, and
recorded as herein prescribed.
C.
No subdivision plat, as defined in these regulations, shall be filed
for record or recorded in the office of the Recorder of Deeds of Jackson
County, Missouri, unless and until the approval of the Board of Aldermen
is endorsed thereon by the City.
[Ord. No. 849 § 400.8, 10-16-2007]
A.
Consistency With The Code. The uses of structures and land within
the City shall be subject to all other applicable provisions of the
Lake Lotawana Code as well as these regulations, whether or not such
other provisions of those regulations are specifically cross-referenced
in these regulations. Cross-references to other provisions of these
regulations are for the convenience of the reader; lack of a cross-reference
should not be construed as an indication that other provisions of
these regulations do not apply.
B.
Consistency With The Comprehensive Plan. These regulations are intended
to implement the goals and policies of the Lake Lotawana Comprehensive
Plan, as same may from time to time be amended, and are hereby deemed
to be consistent with and in accordance with the adopted Comprehensive
Plan. Any amendments, development approvals or actions of City, County
or State officials, agencies and governments, fire districts, water
districts, other utility providers or private persons pursuant to
these regulations shall be consistent with the Comprehensive Plan
to the extent consistent with law.
C.
Conflicts. Whenever any provision of these regulations or any other
applicable law, rule, contract, resolution or regulation of local,
State or Federal Government contains certain standards covering the
same subject matter, the more restrictive requirements or higher standards
shall govern, except as provided by law.
D.
Development Under Prior Regulations.
1.
Existing Uses. Existing use which have been legally established
under prior City or County zoning regulations may continue as legal
non-conforming uses pursuant to the provisions of these regulations.
2.
Non-Conforming Lots And Uses. All uses of land made non-conforming by these regulations or by prior regulations of the City or Jackson County shall obtain a certificate of non-conformity from the Board of Adjustment in accordance with these regulations, except as otherwise provided in Section 410.070.
3.
Development Under Review. Any development for which a valid
building permit has been issued by the City or County prior to the
effective date of these regulations or any amendments hereto shall
be permitted to continue, provided that:
a.
Substantial construction under such permit was commenced prior
to the effective date of these regulations or any applicable amendment;
b.
Construction shall be diligently pursued; and
c.
The permit does not expire.
Any permit issued under prior regulations shall expire twelve
(12) months after adoption of these regulations unless renewed by
the City upon application of the property owner.
[Ord. No. 849 § 400.9, 10-16-2007]
A.
Fee Required. Any application for development approval pursuant to
these regulations shall be subject to the required fee.
B.
Amount Of Fee. The amount of each fee shall be established by separate
resolution of the Board of Aldermen.
C.
Payment. All fees shall accompany the application, shall be made
payable to Lake Lotawana and shall be submitted to the Zoning Administrator.
D.
Exemptions. No fee is required for an application filed in the public
interest by the Board of Aldermen or the Planning and Zoning Commission
or any governmental, district or public utility service provider.
[Ord. No. 849 § 400.10, 10-16-2007]
A.
It is hereby declared to be the intent of Lake Lotawana that the
provisions of these regulations shall be severable. If any provision
is declared invalid by a court of competent jurisdiction, it is hereby
declared to be the legislative intent that:
1.
The effect of such decision shall be limited to that provision
or provisions which are expressly stated in the decision to be invalid;
and
2.
Such decision shall not affect, impair or nullify these regulations
as a whole or any other part thereof, but the rest of these regulations
shall continue in full force and effect.
[Ord. No. 849 § 400.11, 10-16-2007]
A.
The Zoning Administrator shall be appointed by the Board of Aldermen.
The Zoning Administrator shall have the responsibility and authority
to administer and enforce the provisions of these regulations, including,
but not limited to, the following powers and duties:
1.
Serve as staff for the Board of Aldermen, Planning and Zoning
Commission, and the Board of Adjustment and shall act as a liaison
to other governments, districts, utilities, neighborhoods and associations
in land use matters;
2.
Review and render interpretations of these regulations, the
official Zoning Map, the major street plan and the capital improvements
program;
3.
Review and render interpretations of all provisions of the Comprehensive
Plan;
4.
Make recommendations to the Board of Aldermen, Planning and
Zoning Commission and Board of Adjustment regarding amendments to
the Comprehensive Plan, these regulations, the official Zoning Map,
the major street plan and the capital improvements program;
5.
Accept applications for development approval; certify the completeness
of submitted applications with the requirements of these regulations;
review and prepare staff reports recommending approval, approval with
conditions or denial of applications for amendments to the Comprehensive
Plan, amendments to the Future Land Use Map, amendments to the text
of these regulations, subdivisions, variances, conditional use permits,
site plans, planned developments, and overlay zoning districts;
6.
Accept applications for review, and approve, approve with conditions
or deny applications for all development approvals; zoning, building
and grading permits; and all other certificates and permits which
the Zoning Administrator is authorized to issue;
7.
Monitor developments to ensure compliance with conditions of
a development approval;
8.
Facilitate the creation and adoption of special area, corridor,
neighborhood and floodplain plans;
9.
Monitor and assist in the enforcement of these regulations;
10.
Review all floodplain development approval applications to ensure
that the provisions of these regulations will be met;
11.
Review development applications to ensure that all necessary
permits, licenses, franchises and approvals have been obtained from
Federal, State, local governmental districts, public and private utilities
and other public agencies;
12.
Notify adjacent communities, Jackson County, and the Missouri
Department of Natural Resources (MoDNR) prior to any proposed alteration
or relocation of a watercourse and submit evidence of such notifications
to the Federal Emergency Management Agency;
13.
Keep a record of all permits, appeals, variances, certificates,
reviews and such other transactions and correspondence pertaining
to the administration of these regulations;
14.
Accept applications for vacations of rights-of-way and easements,
and forward such applications to the City Engineer, Jackson County
and the Missouri Department of Transportation (MoDOT) for processing;
and
15.
Such other responsibilities as may be assigned by the Mayor.
B.
Enforcement Order. If the Zoning Administrator shall find that one
(1) or more of the provisions of these regulations is being violated,
the Zoning Administrator shall notify, in writing, the person responsible
for such violation, indicating the nature of the violation and ordering
action necessary to correct it. The Zoning Administrator shall order:
1.
The discontinuance of the illegal use of land, buildings or
structures;
2.
The removal of illegal buildings or structures, or additions,
alterations or structural changes thereto;
3.
The discontinuance of any illegal work being done; or
4.
Any other action authorized by these regulations, the Planning
and Zoning Commission, Board of Adjustment and the Board of Aldermen
to ensure compliance and to prevent violation of these regulations.
[Ord. No. 849 § 400.12, 10-16-2007]
A.
Membership. The Planning and Zoning Commission shall consist of seven
(7) members including the Mayor, if (s)he so chooses to be a member,
a member of the Board of Aldermen selected by the Board, and five
(5) citizens appointed by the Mayor and approved by the Board of Aldermen;
or if the Mayor chooses not to serve as a member, the Planning and
Zoning Commission shall include a member of the Board of Aldermen
selected by the Board, five (5) citizens appointed by the Mayor and
approved by the Board of Aldermen, and one (1) additional citizen
member with a two (2) year coterminous term with the term of the Mayor,
appointed by the Mayor and approved by the Board of Aldermen. The
Zoning Administrator, together with the City's designated Planning
Consultant, shall serve as staff to the Planning and Zoning Commission.
[Ord. No. 17-06, 5-16-2017]
1.
Terms Of Office. The members shall be appointed for four-year
terms which terms shall be staggered and shall be arranged so that
the terms of not more than two (2) members will expire each year.
Members may be reappointed for additional terms.
2.
Vacancies. Vacancies shall be filled by appointment by the Mayor
with approval by the Board of Aldermen for the unexpired term of any
member whose term becomes vacant.
3.
Removal From The Planning And Zoning Commission. Members of
the Planning and Zoning Commission may be removed by the Board of
Aldermen, upon written notice of the charges and after a public hearing
for inefficiency, neglect of duty or malfeasance in office.
4.
Officers. The Planning and Zoning Commission shall elect its
Chairman and Secretary from among the citizen members. The terms of
Chairman and Secretary shall be for one (1) year with eligibility
for re-election. The Planning and Zoning Commission may also elect
for a term of one (1) year a Vice Chairman who shall serve in the
absence or disqualification of the Chairman.
5.
Expenditures And Reimbursement. The expenditures of the Planning
and Zoning Commission, exclusive of grants and gifts, shall be within
the amounts appropriated by the Board of Aldermen. All members of
the Planning and Zoning Commission shall serve without compensation
except for such amounts determined appropriate by the Board of Aldermen
to offset expenses incurred in the performance of their duties.
B.
Powers And Duties. The Planning and Zoning Commission shall, with
the approval of the Board of Aldermen, appoint the employees and staff
necessary for its work, and may contract with City planners and other
professional persons for the services that it requires. The Zoning
Administrator, together with the City's designated planning consultant,
shall serve as staff to the Commission. The Planning and Zoning Commissions
powers and duties include, but are not limited to:
1.
Review and recommend action on all requests for amendments to
the Comprehensive Plan and all special area, corridor, neighborhood
or floodplain plans;
2.
Review and recommend action on subdivision site plans and conditional
use permits to the Board of Aldermen;
3.
Review and recommend action on all requests for amendments to
the Zoning Map or the text of these regulations, including creation
of overlay zoning districts;
4.
Decide all requests for variance or other discretionary administrative
process from the provisions of these regulations that are not assigned
to the Board of Adjustment or the Board of Aldermen;
5.
Review and make recommendations to the Board of Aldermen on
all requests for approval of planned development plans;
6.
Recommend to the Board of Aldermen, from time to time, amendments,
supplements, changes or modifications to these regulations, the official
Zoning Map, major street plan and capital improvements programs; and
7.
Perform such other duties as may be assigned by State law, these
regulations and/or the Board of Aldermen.
C.
Planning And Zoning Commission Action. Decisions of all issues brought
before the Planning and Zoning Commission shall require a vote of
four (4) members of the Planning and Zoning Commission, regardless
of quorum, absence, abstention or disqualification.
1.
Approval. No street or other public facility, nor any public
utility, whether publicly or privately owned, shall be authorized,
located or constructed in the municipality, or shall be accepted,
widened, removed, extended, relocated, narrowed, vacated, abandoned,
changed, and no land shall be acquired for sale or lease of any street
or other public facility until the location, extent and character
thereof has been submitted to and approved by the Planning and Zoning
Commission. Such street, utility or public facility authorization,
location or construction shall be consistent with the Comprehensive
Plan. If such street, utility or public facility is not depicted in
the Comprehensive Plan, the major street plan or a capital improvements
program, then such Comprehensive Plan, major street plan or capital
improvements program shall first be amended before any activity described
in this Section may be commenced. The failure of the Planning and
Zoning Commission to act or seek amendment of the Comprehensive Plan,
major street plan or capital improvements program within sixty (60)
days after the date of official submission to it shall be deemed approval.
2.
Disapproval. In case of disapproval, where authorized by these
regulations, the Planning and Zoning Commission shall communicate
in writing its findings and conclusions to the Board of Aldermen,
and the Board of Aldermen, by vote of not less than two-thirds (2/3)
of its entire membership, may overrule such disapproval.
3.
Appeal. All decisions of the Planning and Zoning Commission
may be appealed by the applicant or other party with standing to the
Board of Aldermen within thirty (30) days after the filing of such
decision with the City Clerk. No appeal shall lie from any recommendation
or failure to make a recommendation of the Planning and Zoning Commission
to the Board of Adjustment.
D.
Procedures.
1.
Rules Of Procedure. The Planning and Zoning Commission shall
adopt rules of procedure and administrative rules and regulations
consistent with the provisions of these regulations, which rules shall
not conflict with State law or City ordinance and regulations, and
shall promptly file said rules with the City Clerk with a request
that said rules or regulations be submitted to the Board of Aldermen
for adoption by ordinance. Rules and regulations may be amended from
time to time by action of the Planning and Zoning Commission and approval
by ordinance passed by the Board of Aldermen.
2.
Chairperson Administers Oath. The chairperson, or in the absence
of the Chairperson the Acting Chairperson or Zoning Administrator,
shall administer oaths and compel attendance of witnesses.
3.
Meetings. The Planning and Zoning Commission shall hold regular
meetings and special meetings as they provide by rule, and shall adopt
rules for the transaction of business and keep a record of its proceedings.
The Planning and Zoning Commission shall hold its regular meeting(s)
on the second Wednesday of any month designated for such a meeting,
at a time and place designated by the Chairman; provided, however,
that any regular meeting of the Planning and Zoning Commission may
be omitted if, in the sole discretion of the Chairman, there are too
few items on the agenda to justify the expense of holding the meeting.
Other meetings may be designated by the Planning and Zoning Commission
or may be called by the Chairman. All meetings of the Planning and
Zoning Commission shall be open to the public and shall be either
video- or audiotaped or transcribed by an official stenographer.
[Ord. No. 14-08, 6-7-2014; Ord. No. 23-26, 12-5-2023]
4.
Notice Of Meetings. Publication of the notice of public hearing
and notification of affected property owners shall be done in conformance
with these regulations. The agenda for each Planning and Zoning Commission
meeting shall be posted in the City offices not later than three (3)
days prior to the scheduled meeting.
5.
Conduct Of Meetings. Robert's Rules of Order shall prevail at
all meetings of the Planning and Zoning Commission unless superseded
by these regulations.
6.
Minutes. All decisions of the Planning Board shall be in writing
and shall contain findings of fact, supporting evidence and conclusions.
The decision shall be adopted at the public hearing or at any continuation
of such hearing to a date certain within the time limit prescribed
by law. The Planning and Zoning Commission shall keep minutes of its
proceedings, showing the vote of each member upon each question, or,
if absent, abstaining, disqualified or failing to vote, indicating
such fact, and shall keep records of its examinations and other official
actions. The minutes shall be filed upon their approval in the office
of the Zoning Administrator and shall be public record.
7.
Conflict Of Interest. No Planning and Zoning Commissioner shall
participate in any discussion or vote on any item in which the Planning
and Zoning Commissioner or such Planning and Zoning Commissioner's
family has any interest, or in which any conflict of interest under
State law or any perceived or actual violation of the ethical rules
of the American Planning Association occurs. If a Planning and Zoning
Commission member votes on a recommendation or decision as to which
the provisions of this Subsection apply, the member's vote or decision
shall be voided and the Planning and Zoning Commission action shall
be voided if the vote in favor of the action thereupon falls below
four (4).
8.
Public Hearing Procedure. The Planning and Zoning Commission
shall conduct its public hearing with regard to any quasi-judicial
matter before it so as to conform to procedural due process of law
including reasonable allowance of the following:
a.
Opportunity to set forth argument;
b.
Opportunity for cross-examination of witnesses by submission
of written questions to the Chairman;
c.
Presentation of witnesses, exhibits and displays;
d.
Submission of proposed findings of fact and conclusions of law
to the Commission.
In all cases the Chairman shall have discretion to limit the
time allowed for presentation, the number of witnesses, the time allotted
to each witness, the number of exhibits, and the page length of the
document as shall be reasonable and proper in the circumstances and
upon determining that fairness and justice will be provided.
[Ord. No. 849 § 400.13, 10-16-2007]
A.
Membership. The Board of Adjustment shall consist of five (5) members
who shall be appointed by the Mayor and approved by the Board of Aldermen.
The Zoning Administrator, together with the City's designated planning
consultant, shall serve as staff to the Board of Adjustment.
1.
Term Of Office. The terms shall be overlapping five-year terms.
Members may be reappointed for additional terms.
2.
Alternates. Three (3) alternate members with the same qualifications
as members may be appointed by the Mayor with the approval of the
Board of Aldermen to serve in the absence of or the disqualification
of the regular members. Alternate members shall be appointed for terms
of three (3) years each. Alternates may be reappointed for additional
terms.
3.
Vacancies. Vacancies shall be filled by appointment by the Mayor
with the approval of the Board of Aldermen for the unexpired term
of any member whose term becomes vacant.
4.
Chairman. The Board of Adjustment shall appoint a Chairman and
Vice Chairman from among its members for a term of two (2) years,
and may be reappointed for additional terms.
5.
Removal From Office. Members of the Board of Adjustment may
be removed from office by the Board of Aldermen, after written notice
and public hearing, for inefficiency, neglect of duty or malfeasance
in office.
6.
Reimbursement. All members of the Board of Adjustment shall
serve without compensation except for such amounts determined appropriate
by the Board of Aldermen to offset expenses incurred in the performance
of their duties.
B.
Board Of Adjustment, Powers And Duties. The Board of Aldermen may
provide by adoption of administrative rules and regulations for the
procedures by which this Section shall be administered and enforced.
The Board of Adjustment shall have the power and duty to:
1.
Interpret these regulations when there is dispute as to the
meaning or application of any provision of these regulations between
the applicant/owner and the Zoning Administrator, or when the location
of a zone boundary is in doubt;
2.
Hear and decide appeals from any non-discretionary order, requirement,
decision or determination made by the Zoning Administrator in the
enforcement of these regulations where it is alleged by the appellant
that there is clear error in fact or law in such order, requirement,
decision or refusal made by the Zoning Administrator based on or made
in the enforcement of these regulations;
3.
Hear and decide upon applications for use and area variances
in accordance with the provisions of these regulations;
4.
Hear and decide upon applications for legal non-conforming use
or area certificates;
5.
Undertake such other responsibilities as may be required by
these regulations or by the Board of Aldermen.
C.
Board Of Adjustment, Powers Not Granted. The Board of Adjustment
shall not have the power or authority to alter or change the provisions
and requirements of these regulations or the Zoning Map.
D.
Board Of Adjustment, Procedures.
1.
Rules Of Procedure. The Board of Adjustment shall adopt rules
and administrative regulations governing its procedure consistent
with the provisions of these regulations and State law.
2.
Chairman Administers Oath. The Chairman, or in the absence of
the Chairman the Acting Chairman, shall administer oaths and compel
attendance of witnesses.
3.
Meetings. The Board of Adjustment may meet once a month, and
more often if necessary, for the transaction of business.
4.
Notice Of Meetings. Publication of the notice of public hearing
and notification of affected property owners shall be done in conformance
with these regulations. The agenda for the meeting shall be posted
in the City offices three (3) days prior to the scheduled meeting.
5.
Conduct Of Meetings. All public meetings of the Board of Adjustment
shall be open to the public.
6.
Minutes. The Board of 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. Every rule, regulation,
amendment or appeal thereof, and every order, requirement or determination
of the Board of Adjustment shall be immediately filed in the office
of the City Clerk and shall be a public record. All decisions of the
Board of Adjustment shall be in writing and shall include a written
finding of fact based on testimony and evidence together with conclusions
specifying the reasons for the Board of Adjustment action.
7.
Reporter To Be Employed. All testimony, objections thereto,
and rulings thereon shall be taken down or taped by a reporter employed
by the Board for that purpose. The reporter may be an employee of
the City designated by the Chairman as official reporter for the Board.
The notes or tapes taken by the reporter shall be preserved for three
(3) years, but no longer unless specifically requested by the chairman
or the City Attorney.
8.
Conflict Of Interest. No Board of Adjustment member shall participate
in any discussion or vote on any item in which the Board of Adjustment
member, the family of such member of the Board of Adjustment has any
interest or in which such member has any conflict of interest under
State law, or where there is a perceived or actual violation of the
ethical rules of the American Planning Association. Any action of
the Board of Adjustment shall be voided if a Board of Adjustment member
votes on a matter in which the member has a conflict of interest.
9.
Vote And Quorum. The affirmative vote of four (4) members of
the Board of Adjustment shall be required to approve any request,
application or variance. A quorum of four (4) members of the Board
of Adjustment shall be required for a meeting to be held.
10.
The Board of Adjustment shall conduct its public hearing with
regard to any quasi-judicial matter before it so as to conform to
procedural due process of law, including the reasonable allowance
of the following:
a.
Opportunity to set forth argument;
b.
Opportunity for cross-examination of witnesses by submission
of written questions to the Chairman;
c.
Presentation of witnesses, exhibits and displays;
d.
Submission of proposed findings of fact and conclusions of law
to the Board of Adjustment.
In all cases the Chairman shall have discretion to limit the
time allowed for presentation, the number of witnesses, the time allotted
to each witness, the number of exhibits, and the page length of the
document as shall be reasonable and proper in the circumstances and
upon determining that fairness and justice will be provided.
E.
More Than One (1) Appeal Within A Year. After the Board of Adjustment
has heard an appeal and made a decision, it may, in its sole discretion,
refuse, for a period of one (1) year thereafter, to hear an appeal
based on a similar application by the same parties for the same property.
A person who has successfully appealed against a permit granted by
the Zoning Administrator need not pay an additional filing fee for
appealing a similar permit requested by the same parties for a period
of twelve (12) months from the date of the Board of Adjustment's initial
decision.
[Ord. No. 849 § 400.14, 10-16-2007]
A.
The powers of the Board of Aldermen in the administration of these
regulations shall include, but shall not be limited to, the following
powers:
1.
Approve the appointment of a Zoning Administrator;
2.
Approve the appointment of members of the Planning and Zoning
Commission;
3.
Approve the appointment of members of the Board of Adjustment;
4.
Decide all requests for amendments to the Comprehensive Plan;
5.
Decide all requests for amendments to the text of these regulations,
the official Zoning Map, the major street plan, capital improvements
program and all requests for establishment of an overlay zoning district;
6.
Consider and adopt other development manuals and land development
regulations;
7.
Consider and adopt special area, corridor, neighborhood or floodplain
plans; and
8.
Designate local historic and archeological sites, structures
and districts.
[Ord. No. 849 § 400.15, 10-16-07; Ord. No. 17-02, 3-7-2017]
No owner, or agent of the owner, of any land located within
the City, knowingly or with intent to defraud, may transfer, sell,
agree to sell, or negotiate to sell that land by reference to or by
other use of a plat of any purported subdivision of the land before
the plat has been approved by the Board of Aldermen or Planning and
Zoning Commission and recorded in the Department of Records of Jackson
County. Any person violating any of the provisions of this Chapter
shall forfeit and pay to the City a penalty as set forth in the Comprehensive
Schedule of Fees and Charges[1] for each lot transferred or sold or agreed or negotiated
to be sold; and the description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the transaction from this penalty. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
[Ord. No. 849 § 400.16, 10-16-07; Ord. No. 17-02, 3-7-2017]
Any person violating any provision of this Chapter is guilty
of a misdemeanor and, upon conviction thereof, shall be fined as set
forth in the Comprehensive Schedule of Fees and Charges,[1] for each and every day that such violation continues,
or by confinement in the County Jail for not more than ninety (90)
days, or by both such fine and confinement. The violation of any provision
of this Chapter may be prosecuted in Municipal Court regardless of
whether civil or administrative action is taken against the permit
holder. The Zoning Administrator may request the City Attorney to
institute a civil action, regardless of whether a criminal action
has been taken, and to request injunctive, declaratory, legal or equitable
relief where appropriate.
