[Ord. No. 849 § 405.1, 10-16-2007]
A.
Standardized Forms. Requests for development approvals required by
these regulations shall be made on applications provided by the City.
The City may promulgate submittal requirements, instructions for completing
forms, internal procedures for acceptance and filing of applications,
and provisions for waiver by establishing administrative guidelines.
Additional information may be required for particular applications.
These application forms, procedures, completeness requirements, and
provisions shall be adopted as administrative rules and regulations
by the Board of Aldermen.
B.
Application Submission. All development applications shall be submitted
to the Zoning Administrator.
C.
Fees. At the time the development approval application is submitted,
the applicant shall pay to the City all fees as required and adopted
by the City. The fees are not transferable to other properties nor
are they refundable. Refunds shall be granted if the fees collected
are in excess of the amount required at the time of filing and such
excess is not due to a substantial design change from that which was
indicated on the initial application, or if an error in the fee calculation
is discovered. If a development application has not been deemed complete
within six (6) months from the date of the application, the application
shall be dismissed. Reapplications shall require the payment of fees.
D.
Pre-Application Conference. Before filing any application, the applicant
may request a pre-application meeting with the Zoning Administrator
to discuss the procedures and requirements of the application.
E.
Determination Of Complete Application. The Zoning Administrator shall
review all applications for development approval for completeness.
No application shall be considered complete until all items required
by the applicable Sections of these regulations in support of the
application shall have been submitted, and all fees paid. Incomplete
applications shall be returned to the applicant with a statement as
to what sections are incomplete, and no action taken until any deficiencies
are remedied. Complete applications shall be processed according to
this Chapter. Failure by the Zoning Administrator to make a determination
of completeness within fourteen (14) days of the submission of the
application shall result in the application being deemed complete.
Any resubmittal after a determination that an application was incomplete
shall start a new fourteen-day review period. A determination of completeness
shall not constitute a determination of compliance with the substantive
requirements of this Chapter.
F.
Processing Of Application And Report. Within thirty (30) days after
the determination that an application for development approval is
complete or is deemed complete under this Chapter, the Zoning Administrator
shall review the application, forward the application for review to
the Planning and Zoning Commission, Board of Adjustment or Board of
Aldermen as may be required and prepare a report. Any written report
of the Zoning Administrator or City staff shall be made available
to the applicant not less than five (5) days prior to the public hearing.
For those development approval applications for which a public hearing
is required, the Zoning Administrator shall, within thirty (30) days,
schedule the matter for public hearing and/or decision within the
time and in the manner required by this Chapter.
G.
Official Filing Date. The time for processing and acting on development
approval applications or development permits shall commence on the
date that a complete application has been filed, together with all
required reports thereon, with the Secretary of the approval body.
Modification of any application by the applicant following the filing
of the application and prior to the expiration of the period during
which the City is required to act shall extend the period for a like
time following the Zoning Administrator's determination that
the modified application is complete and the application is refiled.
H.
Amendments. Amendments to development approval applications shall
be approved in the same manner as the original development application,
except as otherwise provided for amending plats or replats herein.
I.
Withdrawal. Once filed, a development approval application may be
withdrawn upon a written notice of withdrawal to the Zoning Administrator.
The thirty (30) day time limitation shall cease on the date that the
notice is received by the Zoning Administrator; however, the Zoning
Administrator may elect to present a withdrawal request to the Planning
and Zoning Commission for consideration.
[Ord. No. 849 § 405.2, 10-16-2007]
A.
Contents. Any notice of a public hearing required by the provisions
of these regulations shall contain the following information:
1.
Date, time and place of the public hearing;
2.
Subject of the hearing, including the type of development approval
application;
3.
Street address and legal description of the property which is
the subject of the public hearing;
4.
Current zoning classification of the property; and
5.
Brief description of the proposed development.
B.
Publication. Where notice by publication is required by these regulations
or by State law, such notice shall be published once in a newspaper
of general circulation in the City at least fifteen (15) days before
the public hearing.
C.
Mailed Notice. Where notice by mail ("mailed notice") is required
by these regulations or the provisions of State law, such notice shall
be sent, at the applicant's cost, by regular United States mail
to the owners of all real property located within one hundred and
eighty-five (185) feet from exterior boundaries of the property which
is the subject of the development application. The owners of real
property to whom notice must be sent shall be determined by a title
company, at the expense of the applicant. If any of the real property
within the notification area is part of a homeowners' association
or similar association, the president or agent of the homeowners'
association or similar association must be sent mailed notice as well.
[Ord. No. 16-18, 12-20-2016]
D.
Notice Provisions. In addition to the requirements for notice by
publication and/or mail, the Zoning Administrator shall post a sign
along every street frontage on the property which is subject to the
application. Such signs shall be posted at least fifteen (15) days
prior to the hearing, and shall not be removed until after the public
hearing. If any sign is removed from its posting by anyone other than
the City, then the City shall repost the sign once in the seven-day
period prior to the scheduled public hearing, and should the sign
be removed a second time by anyone other than the City, then the City
shall not be obligated to repost the sign, and the public hearing
will proceed as scheduled and previously posted.
E.
Notification Of Appeal. Whenever appeal is taken from a final decision
on a development approval application following a public hearing,
the applicant or owner shall give notice by mail in accordance with
the provisions of these regulations at the expense of the applicant.
F.
Notification Of Revocation. Whenever the City determines to revoke
a development permit whether or not it was obtained following a public
hearing, the City shall give notice of such action to the property
owner of the property which is the subject of the revocation, and
the Board of Aldermen shall hold a public hearing on such revocation
prior to its determination.
G.
Cost Of Notice. All actual costs incurred by the City in preparing
and publishing the notice required by these regulations shall be paid
by the applicant prior to publication or mailing of such notice according
to a schedule of fees established by the Board of Aldermen.
[Ord. No. 849 § 405.3, 10-16-2007]
A.
Setting Of The Hearing. For every application for a development approval
for which a public hearing is required by these regulations or State
law, when the Zoning Administrator determines that a development approval
application is complete, the Zoning Administrator shall schedule a
public hearing on such application, and shall cause notice of such
hearing to be provided pursuant to the requirements of these regulations.
B.
Examination And Copying Of Documents. All applications, and the materials
submitted in support of such applications, shall be available for
public inspection during normal business hours. Copies of such material
shall be made available at the cost of the person requesting the copies.
C.
Conduct Of Hearing. Any person or persons may appear at a public
hearing and submit relevant evidence, either individually or as a
representative of an organization. Each person who appears at a public
hearing shall state his/her name, address, and, if appearing on behalf
of an organization, the name and mailing address of the organization
for the record. The body conducting the hearing shall exclude testimony
or evidence that it finds to be irrelevant, immaterial or unduly repetitious.
Any person appearing as a witness may ask relevant questions of other
persons appearing as witnesses, but shall do so only through submission
of written questions to the Chairperson of the body conducting the
hearing, at the Chairperson's discretion, which shall not be
unreasonably withheld.
D.
Order Of Proceedings. The order of proceedings shall be as follows:
1.
The Zoning Administrator and/or staff shall present a summary
of the proposed development approval application together with a written
or oral recommendation. This recommendation shall address each factor
required by these regulations to be considered prior to approval of
the development permit;
2.
The applicant shall present any relevant information that the
applicant deems appropriate, including a response to staff and/or
the Zoning Administrator;
3.
Public testimony shall be heard first in favor of the proposal,
then in opposition to it; and the applicant may then respond to any
testimony or evidence presented by the public; and
4.
The Zoning Administrator may at the close of the public hearing
respond to any statement made by the applicant or any public comment.
E.
Record Of Proceedings. The body conducting the hearing shall record
the proceedings by any appropriate means and according to such procedures
as the Board of Aldermen may, from time to time, prescribe by administrative
rules or regulations. A copy of such record shall be provided to any
person upon written request to the Secretary of the body conducting
the hearing and payment of a fee set by the Board of Aldermen to cover
the cost of duplication of the record of the proceedings. The record
of proceedings may include any or all of the following: tapes of all
proceedings, including testimony and statements of personal opinions,
the minutes of the Secretary, all applications, exhibits and papers
submitted and any proceeding before the body, all staff and advisory
body or Commission reports and recommendations, and the decision and
report(s) of the body before which the hearing is conducted. All records
of the body shall be public records, open for inspection during normal
City business hours and upon reasonable notice.
F.
Continuance Of Proceedings. The body conducting the hearing may,
on its own motion or at the request of any person, for good cause,
continue the hearing to a fixed date, time and place. No renotification
shall be required if a hearing is continued. An applicant shall have
the right to request and be granted one (1) continuance; however,
all subsequent continuances shall be granted at the discretion of
the body conducting the hearing only upon good cause shown. The total
time period for which proceedings may be continued, including the
original hearing period, shall not exceed one hundred eighty (180)
days.
G.
Additional Rules. Where appropriate, other provisions of the Lake
Lotawana Code applicable to the body conducting the hearing and any
of the body's adopted administrative rules or regulations as
long as the same are not in conflict with this Chapter. The body conducting
the hearing may adopt administrative rules and regulations to limit
the number of applications for development approval which may be considered
at a single meeting and the time for each presentation.
[Ord. No. 849 § 405.4, 10-16-2007]
A.
Reapplication Following Denial. Whenever any development approval
application is denied for failure to meet the substantive requirements
of these regulations, an application for development permit for all
or a part of the same property shall not be considered for a period
of one (1) year from the date of denial unless the subsequent application
involves a proposal that is materially different from the previously
denied proposal or unless a majority of the body charged with conducting
the initial public hearing determine that the prior denial was based
upon a material mistake of fact. The body charged with conducting
the initial public hearing shall determine if the new application
is materially different from the original application.
B.
Administrative Appeals. Any person, including any officer or agency
of the City of Lake Lotawana, aggrieved by a final determination on
a development approval application by the Zoning Administrator or
other approval body may appeal such final determination to the administrative
body designated to hear such appeal. A written appeal must be filed
with the Secretary or Clerk of the body hearing the appeal within
thirty (30) days after the final decision is filed with the Secretary
or Clerk to the body. The appeal shall contain a written statement
of the reasons why the final decision is erroneous, and shall be accompanied
by the fee established by the Board of Aldermen. The appeal shall
be heard at a public hearing within thirty (30) days after the filing
of the appeal. The administrative body hearing the appeal may affirm,
reverse or modify the decision from which appeal was taken within
thirty (30) days after the date the hearing is closed. The appellate
body may attach such conditions as it considers reasonably necessary.
[Ord. No. 849 § 405.5, 10-16-2007]
A.
Time Of Expiration. Any development approval shall be valid for one
(1) year from the date of approval, unless a shorter period of validity
is otherwise set forth in these regulations, unless extended as provided
in this Section. Development approvals shall automatically expire
and become null and void, and all activities pursuant to such development
approval thereafter shall be deemed in violation of these regulations,
if the applicant has violated or has failed to comply with any condition
that was imposed as part of the final approval of the development
application, or that was contained in a development agreement entered
into between the applicant and the City.
B.
Extension Of Time. Unless otherwise prohibited by State law or these
regulations, the Zoning Administrator may extend the time for expiration
of a development approval, for a period not to exceed one (1) year,
upon a showing of good cause by the applicant, if application for
extension is made in writing within the original period of validity.
An extension for a period in excess of one (1) year shall be granted
only by the body which granted the original development approval.
A determination by the final decision-maker on whether to extend such
development approval for a period exceeding one (1) year shall be
made in accordance with procedures set forth in these regulations
for original approval of the particular development approval for which
extension is requested. No extension may be granted by the Zoning
Administrator or by the approval body for a period exceeding any time
limits established by State law.
[Ord. No. 849 § 405.6, 10-16-2007]
A.
Initial Findings By Zoning Administrator. If the Zoning Administrator
determines, based upon inspection, that there are reasonable grounds
for revocation of a development approval authorized by this Chapter,
the Zoning Administrator shall schedule a public hearing before the
original decision-maker. If the decision was made by the Zoning Administrator,
the hearing shall be conducted by the Board of Adjustment.
B.
Notice And Public Hearing. Notice shall be given in the same manner
provided for the original application.
C.
Decision And Notice. Within ten (10) days from the conclusion of
the hearing, the decision-maker shall render a decision, and shall
notify, in writing, the holder of the approval.
D.
Effect And Appeals. A decision to revoke a development approval shall
become final fourteen (14) days after the date notice of the decision
was given, unless appealed. After such effective date, all activities
pursuant to such approval thereafter shall be in violation of these
regulations. Appeal from the decision to revoke the approval shall
be to the Board of Aldermen. Where the Board of Aldermen made the
decision to revoke the approval, appeal shall be taken to the Circuit
Court of Jackson County.
E.
City's Right Cumulative. The City's right to revoke a development
approval, as provided in this Chapter, shall be in addition to any
other remedy allowed by law.
[Ord. No. 849 § 405.7, 10-16-2007]
A.
Public Hearing And Recommendation By Planning And Zoning Commission.
Whenever the Planning and Zoning Commission is required by Missouri
law or these regulations to make a recommendation to the Board of
Aldermen concerning a development approval application, the Planning
and Zoning Commission shall conduct a public hearing. The public hearing
shall be held within the time frame established by these regulations.
If no specific time frame is established by this Title for such hearing,
the hearing shall be held within thirty (30) days after the day the
completed application is filed with the Secretary of the Planning
and Zoning Commission by the Zoning Administrator, unless the applicant
agrees to a later hearing date. If no public hearing is required,
the Planning and Zoning Commission shall consider the matter at a
regularly scheduled public meeting. The Planning and Zoning Commission's
written recommendation, if any, together with the staff report and
recommendation, if any, shall be filed with the Clerk of the Board
of Aldermen within ten (10) days of the date the Planning and Zoning
Commission's recommendation is made.
B.
Decision By Planning And Zoning Commission. If the Planning and Zoning
Commission has been delegated final decision-making authority for
a development approval application pursuant to these regulations,
whether by original jurisdiction or upon appeal, it shall decide whether
to approve, conditionally approve or deny the application at a hearing
following receipt of the report and recommendation of the Zoning Administrator
or staff. The Planning and Zoning Commission shall prepare a written
statement setting forth the findings of fact and conclusions establishing
the basis for its decision and shall mail a copy of such decision
to the applicant at the address on the application and shall file
same with the Clerk of the Planning and Zoning Commission within ten
(10) days of the decision.
C.
Appeal. For those development approval applications where the Planning
and Zoning Commission has decision-making authority, an applicant
may appeal any decision of the Planning and Zoning Commission to the
Board of Aldermen by giving notice of the appeal to the Board of Aldermen
within thirty (30) days of the decision of the Planning and Zoning
Commission.
[Ord. No. 849 § 405.8, 10-16-2007]
A.
Public Hearing By Board Of Aldermen. Whenever the Board of Aldermen
is required by State law or these regulations to review and decide
upon a development approval application, the Board of Aldermen shall
conduct a public hearing, if required to do so by these regulations
or State law. The public hearing shall be held within the time frame
established by these regulations or the applicable Statute. If no
specific time frame is established for such hearing, the hearing shall
be held within thirty (30) days after the day the recommendation of
the Planning and Zoning Commission is filed with the Clerk to the
Board of Aldermen. If no public hearing is required, the Board of
Aldermen shall consider the matter at a regularly scheduled public
meeting.
B.
Decision By The Board Of Aldermen. If the Board of Aldermen is the
final decision-making authority for a development application pursuant
to these regulations, whether by original jurisdiction or on appeal,
it shall decide whether to approve, conditionally approve or deny
the application at a public hearing following the receipt of the recommendation
of the Planning and Zoning Commission. If a public hearing is required
by these regulations prior to a decision, the hearing shall be conducted
in the manner provided in these regulations. The decision shall contain
the Board of Aldermen's findings of fact and conclusions establishing
the basis for the decision. Written notice of the decision shall be
sent by first class mail to the applicant, at the address set forth
on the application, within ten (10) days of the decision.
C.
Appeal. An applicant may appeal any decision of the Board of Aldermen
to the Circuit Court of Jackson County within six (6) months of the
decision.
[Ord. No. 849 § 405.9, 10-16-2007]
A.
Authority To Condition Development Approvals. The Planning and Zoning
Commission, Board of Adjustment or Board of Aldermen may impose on
any approval of a development application such conditions as are reasonably
necessary to assure compliance with applicable general or specific
standards stated in these regulations.
B.
Record And Notification Of Conditions. The Zoning Administrator shall
include a copy of the conditions attached to approval of the development
application with the record of the decision which is filed with the
Secretary of the final decision-maker or the Clerk of the Board of
Aldermen.
[Ord. No. 849 § 405.10, 10-16-2007]
A.
Performance And Payment Agreement Assurances. No development approval
shall be approved unless a payment and performance surety agreement,
bond or letter of credit is provided, as determined by these regulations.
B.
Time Extension. An applicant may request an extension of the time
for performance by submitting a written request and justification
to the Zoning Administrator at least thirty (30) days prior to the
time limit set out in the performance or payment agreement. Each request
shall be accompanied by a filing fee as adopted by the City. A guarantee,
in an amount sufficient to cover the cost of remaining site improvements,
together with assurance of payment of all providers of loans material
or work, shall be required if necessary in order for an extension
to be granted. Such guarantee must be filed within thirty (30) days
of the granting of the extension or the extension shall become null
and void. Should the granting of such extension require the filing
of any instruments, the fees for recording such instruments shall
be paid by the developer to the Zoning Administrator. Time extension
requests which do not meet the following criteria or which are not
approved by the Zoning Administrator shall be considered by the Planning
and Zoning Commission whose decision shall be final. The Zoning Administrator
is authorized to approve time extensions which meet the following
criteria after consultation with all affected departments and utilities:
1.
Sidewalk Improvements. A three-year time extension may be granted,
provided a plan indicating the uncompleted sidewalks and a time schedule
for completion is submitted.
2.
Other Site Improvements. A one-year time extension may be granted,
provided at least seventy-five percent (75%) of the required site
improvements have been completed.
[Ord. No. 849 § 405.11, 10-16-2007]
A.
Guarantee Type. As is provided for in this Chapter, a development
approval may be filed for record before the required site improvements
are completed if one (1) of the following guarantees of performance
and payment is filed with the City Clerk within three (3) years after
the plat has been approved by the Planning and Zoning Commission:
B.
Performance Bond. A performance and payment bond shall be executed
by a surety company licensed to do business in the State in an amount
equal to the cost estimate, as approved by the Director of Public
Works, of all uncompleted and unaccepted improvements required by
these regulations (other than gas and electric lines), with the condition
that the developer shall complete such improvements and have them
accepted by the Director of Public Works within three (3) years from
the date of approval. The Zoning Administrator and the Director of
Public Works are authorized to sign the bond instrument on behalf
of the City, and the City Attorney shall approve the same as to form.
C.
Trust Agreement. The developer shall cause to be placed in a trust
account on deposit in a bank or trust company or with a qualified
escrow agent selected by the developer and approved by the Director
of Public Works a sum of money equal to the cost estimate, as approved
by the Director of Public Works, of all uncompleted and unaccepted
site improvements (other than gas and electric lines) required by
these regulations. The Zoning Administrator and the Director of Public
Works are authorized to sign the bond instrument on behalf of the
City, and the City Attorney shall approve the same as to form.
D.
Letter Of Credit. The developer shall provide an irrevocable letter
of credit in an amount equal to the cost estimate, as approved by
the Director of Public Works, of all uncompleted and unaccepted site
improvements and payment obligations (other than gas and electric
lines) required by these regulations. The Zoning Administrator and
the Director of Public Works are authorized to sign the bond instrument
on behalf of the City, and the City Attorney shall approve the same
as to form.
E.
Cash Or Cashier's Check. The developer shall provide to the
City cash or a cashier's check in an amount equal to the cost
estimate, as approved by the Director of Public Works, of all uncompleted
and unacceptable site improvements and payment obligation (other than
gas and electric lines) required by these regulations. Upon completion
of the required site improvements and their acceptance by the Director
of Public Works, the amount will be refunded to the developer by the
City.
F.
Substituting Guarantees. When a developer has given security in any
of the forms hereinabove provided, and when fifty percent (50%) of
the required site improvements has been completed and accepted by
the Director of Public Works, and all obligations paid, or whenever
any segment or segments of the required site improvements have been
completed and have been accepted by the Director of Public Works,
the developer may substitute for the original guarantee a new guarantee
in an amount equal to the cost of the remaining site improvements.
The cost estimate shall be approved by the Director of Public Works.
Such new guarantee need not be in the same form as the original guarantee
so long as such guarantee is one (1) that is listed in this Section.
However, in no event shall the substitution of one (1) security for
another in any way change or modify the terms and conditions of the
performance agreement or the obligation of the developer as specified
in the development agreement.
G.
Supplementary Guarantees. Supplementary guarantees may be required
as follows:
1.
Renewal. One (1) year from the date of development approval
or plat recordation and annually thereafter until the expiration of
the three-year period from the date of development approval, the Director
of Public Works shall review the estimated cost of completing such
site improvements as are not then completed and determine the adequacy
of the existing performance and payment guarantee. Should the Director
determine that the sum set out in the performance and payment guarantee
is inadequate to provide for the completion of the uncompleted site
improvements at the then prevailing construction costs, he/she shall
require a substitute guarantee to cover the newly estimated cost or
a supplemental guarantee to cover the additional sum needed for completion.
2.
Performance And Payment Guarantee. If a developer submits an
original performance and payment guarantee after a period of two (2)
years has elapsed from the date of development approval, the actual
cost estimate of completing the uncompleted site improvements together
with payment of obligations shall be increased by an amount, based
upon a locally recognized construction cost index as approved by the
Director of Public Works, required to cover an estimated inflationary
increase in the cost during the duration of the period covered by
the performance and payment guarantee.
3.
Failure To Provide Guarantee. Should the developer fail to provide
the necessary additional or substitute guarantee within thirty (30)
days of a request for same by the Director of Public Works, the Director
of Public Works shall refuse to accept from such developer a performance
and payment guarantee.
H.
Release Upon Completion Of Site Improvements. Upon completion of
the required site improvements, together with payment of all obligations
and acceptance by the Director of Public Works, an instrument releasing
the applicant from the provisions of the performance and payment agreement
shall be filed by the Zoning Administrator with the County Recorder.
[Ord. No. 849 § 405.12, 10-16-2007]
A.
Purpose. The provision of adequate data concerning on- and off-site
land use, environmental conditions, and utility requirements, traffic
impact, and the adequacy and concurrency of streets, storm water management,
parks, fire, police, emergency services, libraries, public sewer and
water facilities is vital to ensure the continued health, safety and
welfare of the City's residents. The City will require the submission
of key planning and engineering information, as specified within these
regulations, and may require the submission of project-specific reports
or studies, such as an environmental impact report, traffic impact
report or needs assessment, as appropriate. The purpose of this Section
is to enable the City and owner or developer to collaborate in the
processing of applications in order to enhance planning and timeliness
of subdivision processing and review, promote public participation
in the land use regulation review process and the land use decision-making
process, promote neighborhood involvement and encourage neighborhood
associations and interested citizens to review land use issues involving
their community, and provide information on and to streamline the
business and real estate development process.
B.
Applicability. The owner of a tract of land located within the City
who divides the tract in two (2) or more parts to lay out a subdivision
of the tract, including an addition to a municipality, to develop
buildings or lots, or to lay out streets, alleys, squares, parks,
or other parts of the tract intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent
to the streets, alleys, squares, parks, or other parts must have a
plat of the subdivision prepared. A division of a tract under this
Subsection includes a division regardless of whether it is made by
using a metes and bounds description in a deed of conveyance or in
a contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. The division of
a tract of land for any of the purposes specified herein does not
require a transfer of title of all or part of the tract. No person
shall subdivide any tract of land except in conformity with the provisions
of these regulations. The decision-making entity shall approve a plat
if it conforms to:
1.
The Comprehensive Plan, and any special area, neighborhood and
floodplain plans;
2.
The major street plan, adopted watershed, or drainage plans,
capital improvements program and other plans for the extension of
thoroughfares, streets, public highways and location of public facilities
and improvements within the City, taking into account access to and
extension of sewer and water mains and the instrumentalities of public
utilities;
3.
The provisions of these regulations.
[Ord. No. 849 § 405.13, 10-16-2007]
A.
The major subdivision site plan will be used to determine if the
proposed development is in compliance with current regulations and
the Comprehensive Plan, and to ensure adequate traffic circulation
within the property to be developed as well as to and from adjoining
properties. The major subdivision site plan also will serve as a source
of information for the City to use in its planning activities. A major
subdivision site plan shall be required when a tract of land within
the City is to be zoned, rezoned and/or platted and meets one (1)
or more of the following criteria:
1.
The application proposes four (4) or more residential dwelling
units;
2.
The application contains any land designated for non-residential
use;
3.
The application requests a plan amendment or rezoning from a
residential to a non-residential district, to a higher density zoning
classification; to a floating zone district, or to a planned development
district; or
4.
The application requests subdivision plat approval in which
the entire property will be subdivided in two (2) or more phases.
[Ord. No. 849 § 405.14, 10-16-2007]
A.
An application for a minor subdivision is intended to recognize that the site plan review process required for a major subdivision can be reduced for small scale projects that are most heavily impacted by cost of producing and reviewing this data, allowing the City to provide alternate procedures for simple resubdivisions, lot splits, and the platting of existing development and of land proposed for site development where public improvements are not required. Applicants for subdivisions or resubdivisions creating no more than three (3) new lots for which no new public improvements are needed may follow the procedure for minor subdivision set forth in Section 405.150(B), provided that the subdivision meets all of the following criteria:
1.
The Zoning Administrator shall certify that the proposed subdivision
meets all the requirements of the minor subdivision;
2.
No new public street shall be necessary for each lot to access
a public street;
3.
No flag lots shall be created;
4.
Each of the lots is contiguous with at least one (1) of the
other lots in the subdivision for a distance of at least fifty (50)
feet; and
5.
No off-site improvements to the City's infrastructure or
off-site drainage improvements are determined to be necessary by the
Zoning Administrator.
B.
The Planning and Zoning Commission and/or the Board of Aldermen may
require that a development application submitted as a minor subdivision
be resubmitted as a major subdivision if a determination is made that
the development application is inconsistent with any element of the
Comprehensive Plan, as amended, any established City codes or policies,
or these regulations.
C.
Any further lot splits shall be treated as major subdivisions, where
the cumulative number of lots, parcels or tracts equals three (3)
or more.
[Ord. No. 849 § 405.15, 10-16-2007]
A.
Major Subdivisions. All subdivisions, except minor subdivisions,
are subject to the following four (4) step approval process:
1.
Pre-application conference and concept plan — submitted
to the Zoning Administrator for action (optional);
2.
Preliminary plat — submitted to the Zoning Administrator
for action by the Planning and Zoning Commission and the Board of
Aldermen;
3.
Construction plan — submitted to the Zoning Administrator
for action; and
4.
Final plat — submitted to the Zoning Administrator for
action by the Planning and Zoning Commission and the Board of Aldermen.
B.
Minor Subdivisions. Minor subdivisions are subject to the following
three (3) step process:
[Ord. No. 849 § 405.16, 10-16-2007]
A.
No person may subdivide land except in accordance with all of the
provisions of these regulations. Except as exempted in these regulations,
the following acts are prohibited:
1.
Parcel Creation. Creation of parcels without subdividing, including
judicial partition or sale or partition of any interest or parcel
of through deed, intestacy, trust, partnership, corporation, association
or other form of transaction;
2.
Selling Land Prior To Approved Plat. Transfer of title to any
tract, parcel, lot or land before a plat has been approved in accordance
with the provisions of these regulations and recorded in the County
Department of Records; and
3.
Subdivision By Metes And Bounds. Subdivision by the use of metes
and bounds description for the purpose of sale, transfer or lease
with the intent of evading these regulations.
[Ord. No. 849 § 405.17, 10-16-2007]
A.
Applicants exempt from subdivision plat approval may be subject to
development approval requirements as required in these regulations.
The following divisions of land shall be exempt from these subdivision
regulations:
1.
The public acquisition of land for the widening of existing
streets or constructing public works;
2.
Any lot, parcel or tract of land which has been legally subdivided
or resubdivided by plat or deed prior to the adoption of these regulations;
3.
Public parks and public improvements owned, operated, or maintained
by a governmental entity;
4.
Temporary subdivision sales offices or seasonal type uses; and
5.
Replacement of a pre-existing or existing single-family dwelling
unit or related accessory structure.
[Ord. No. 849 § 405.18, 10-16-2007]
A.
Upon the written request of an owner of land, an entity that provides
utility service, or the Board of Aldermen, the Zoning Administrator
shall make the following determinations within fourteen (14) days
after receipt of such request and shall issue to the requesting party
a written certification of that determination:
[Ord. No. 849 § 405.19, 10-16-2007]
A.
Purpose. Citizen participation encourages applicants to be good neighbors
and allows for informed decision-making. The purpose of citizen participation
is to:
1.
Encourage applicants to pursue early and effective communications
with the affected public in conjunction with applications, giving
the applicant an opportunity to understand and attempt to mitigate
any documentable adverse impact of the proposed project on the adjoining
community and to educate and inform the public;
2.
Provide citizens and property owners of impacted areas with
an opportunity to learn about applications that may affect them and
to work with applicants to resolve concerns at an early stage of the
process; and
3.
Facilitate ongoing communication between the applicant, interested
citizens and property owners, the Zoning Administrator, and the planning
staff throughout the application review process.
B.
Applicability. It is the policy of the City to encourage applicants
to meet with property owners of surrounding neighborhoods prior to
filing an application for development approval. Inclusion of citizen
participation prior to required public hearings will be noted by the
Governing Body when considering the need for a continuance in a given
application. An applicant for subdivision or site plan approval who
elects to incorporate citizen participation may follow the recommended
procedures and submit documentation of such efforts at the earliest
feasible time in the process. It is not the intent of this Section
to require neighborhood meetings, but rather to encourage meetings
prior to the submission of an application for approval and documentation
of efforts which have been made to resolve any potential concerns
prior to the formal application process.
C.
Recommended Procedures. The applicant should hold at least one (1)
meeting with surrounding neighborhoods before formally filing an application.
The target area shall include property owners within the public hearing
notice area and any neighborhood association which incorporates the
subject property and/or is adjacent to the subject property and is
registered with the Zoning Administrator.
D.
Report On Implementation Of Citizen Participation. An applicant should
provide a written report on the results of its citizen participation
effort prior to the filing of an application. The report will be attached
to the public hearing report(s). At a minimum, the citizen participation
report should include the following information:
1.
Details of techniques the applicant used to involve the public,
including dates and locations of all meetings where citizens were
invited to discuss the applicant's proposal, content, dates mailed,
and numbers of mailings, including letters, meeting notices, newsletters
and other publications; where residents, property owners, and interested
parties receiving notices, newsletters, or other written materials
are located; and the number of people that participated in the process;
2.
A summary of concerns, issues and problems expressed during
the process;
3.
The methods by which the applicant has addressed or intends
to address concerns, issues and problems expressed during the process;
and
4.
Concerns, issues and problems the applicant is unable to address.
This statement shall indicate why the concerns cannot or should not
be addressed.
E.
Restrictions On Continuances. It is the intent of these regulations
to encourage applicants to involve neighborhoods in the development
approval process while, at the same time, streamlining the development
approval process through the discouragement of continuances. Any person
who has received notice of a neighborhood meeting and failed to participate
shall not be permitted to request a continuance of any hearing relating
to any development approval unless good cause is shown for the failure
to participate. For the purpose of this Section, a person will be
considered to have received notice if their name appears on the invitation
list of the applicant relating to a meeting which was actually held.
[Ord. No. 849 § 405.20, 10-16-2007]
A.
Purpose. Before any application for discretionary development approval
is made pursuant to these regulations, the owner, the owner's
agent, the applicant and/or the owner's surveyor, engineer or
land planning consultant (collectively "applicant") shall confer with
the Zoning Administrator to discuss procedures and requirements for
development approval pursuant to these regulations, and more specifically,
the tentative development plans of the applicant. The purpose of the
concept plan is to demonstrate conformance with the master plan, compatibility
of land use and coordination of improvements within and among individually
platted parcels, sections, or phases of a development prior to approval
of a preliminary plat.
B.
Applicability. A concept plan shall be required when an applicant
is applying for the subdivision of less than the entire, contiguous
land area held in common ownership. The concept plan shall illustrate
future development of the entire area under common ownership. Where
a concept plan is required, no further development applications shall
be approved until a concept plan has been submitted and approved.
C.
Concept Plan Contents. The applicant shall prepare a concept plan
to be presented to the Zoning Administrator for discussion and review.
The following information will be required for a concept plan:
1.
Name and addresses of the developer, record owner, land planner
and engineer, as applicable;
2.
Proposed name of a development or subdivision, if applicable;
3.
Date concept plan was revised and/or prepared;
4.
North point indicator and scale on each page;
5.
Location map drawn at a scale of two thousand (2,000) feet per
inch showing the area within a one (1) mile radius of the proposed
development site;
6.
A layout of the entire property, including dimensions and area
of all proposed and existing lots and its relationship to adjacent
property, existing development and recorded plats;
7.
Description of all existing covenants, liens and encumbrances;
8.
Existing permanent structures and significant man-made features
such as railroads, structures, utilities and drainage structures;
9.
Existing or platted easements, rights-of-way, streets or other
public ways;
10.
Proposed major categories of land use showing compatibility
with the Comprehensive Plan, as amended;
11.
Proposed number of dwelling units and gross density of each
type of residence and proposed square footage and floor area ratio
for all non-residential land uses;
12.
Approximate location and width of all existing and proposed
streets within and abutting the proposed subdivision;
13.
Existing and proposed arterial and collector streets to serve
the general area;
14.
Proposals for connections with existing water supply and sanitary
sewerage systems or for on-site sewage disposal system, and proposals
for collecting and discharging surface water drainage;
15.
Significant drainage features and structures including any one-hundred-year
floodplains;
16.
Approximate boundaries and timing of proposed phases of development,
if applicable;
17.
Identification of environmentally sensitive areas (wetlands,
hillsides, streams, habitat, trees and shrubs) on the site and within
two hundred fifty (250) feet of the site; and
18.
Identification of all properties adjacent to the subdivision
within two hundred fifty (250) feet on all sides specifying ownership,
size of parcels and all structures and uses of land of such parcels.
D.
Concept Plan Review.
1.
Concept plan review shall focus on applicable provisions of
these regulations, the environmental and physical features of the
proposed development, the availability of adequate public facilities
and services concurrent with development, the timing and placement
of public improvements and development improvements required by other
City plans and regulations.
2.
The Zoning Administrator shall forward copies of the concept
plan after determining the completeness of the application to appropriate
City staff and other service providers and assemble comments and coordinate
recommendations from applicable service providers and other Federal,
State, regional, County, City, utility and special district regulatory
bodies and agencies.
3.
The Zoning Administrator shall provide the applicant with written
comments within fourteen (14) days after receipt of the concept plan
to assist the applicant in completing the approval process.
4.
The Zoning Administrator shall advise the applicant as to required
changes in the concept plan before the applicant can proceed with
the development approval process.
[Ord. No. 849 § 405.21, 10-16-2007]
A.
Submittal Requirements. Applicants for preliminary subdivision plat
approval shall submit a complete application and other required materials
and information to the Zoning Administrator. The preliminary plat
shall be in sufficient detail to convey the applicant's intentions
in platting the proposed subdivision. It shall contain a written description
of the existing conditions on the tract and the necessary drawings
and sketches as required by this Chapter to convey the applicant's
plan of development. The plat shall be signed by a registered surveyor.
B.
Filing Procedure. The applicant shall file the following with the
Zoning Administrator at least thirty (30) days prior to the Planning
and Zoning Commission meeting at which the preliminary plat is to
be considered:
1.
A reproducible original and the number of copies of the proposed
preliminary plat specified on the application;
2.
All other information required by this Chapter or as specified
on the application;
3.
The applicable plat review fee; and
4.
A complete list of the names and mailing addresses of all owners
of record of all land within the boundaries of the proposed subdivision.
C.
Contents. The preliminary plat shall be prepared on a tracing cloth,
mylar or similar quality material at a scale of one (1) inch equals
one hundred (100) feet or larger), unless specifically waived by the
Zoning Administrator, in a size that is a multiple of eight and one-half
(8 1/2) inches by eleven (11) inches with a maximum size of twenty-two
(22) inches by thirty-four (34) inches. Where a proposed subdivision
does not fit on a single sheet, the final plat shall be submitted
on two (2) or more sheets of the same dimensions along with an index
sheet showing the entire development at a smaller scale. The preliminary
plat shall show or have attached the following information:
1.
An amended concept plan as required by the Zoning Administrator
together with all information submitted for the concept plan application;
2.
Legal description of the entire subject property;
3.
Tract boundaries (traverse bearings and distances of the boundaries)
and location by section, township, range, City and State, including
descriptive boundaries of the subdivision;
4.
The scale shall be one (1) inch equals one hundred (100) feet
unless specifically waived by the Zoning Administrator;
5.
Total acreage of the proposed subdivision;
6.
The boundary lines of all adjoining lands for a distance of
one hundred (100) feet and showing (with dotted lines) the right-of-way
lines and adjacent streets and alleys with their widths and names;
7.
The following information for land located within two hundred
fifty (250) feet of the proposed subdivision: topography based on
U.S.G.S. or NAVD datum at five-foot contour intervals; names of adjacent
subdivisions; layout of streets (with names), and including an indication
of road surface locations whether such streets are paved or unpaved;
dedicated rights-of-way with widths; connections with adjoining platted
streets; widths and locations of alleys; easements, and public walkways
adjacent to or connecting with the tract; location, size and rights-of-way
widths of all existing sanitary sewer, storm sewer, and water supply
facilities; parks and other open spaces; and permanent structures;
8.
Existing topography with contours at a maximum of five (5) foot
intervals. All topographic data shall relate to U.S.G.S. or NAVD datum.
In areas where grades are gentle, the Zoning Administrator may require
a lesser contour interval. The location of watercourses, limits of
floodplains, floodways, ravines, bridges, lakes, wooded areas, approximate
acreage and such other existing features as may be pertinent to the
subdivision shall be shown;
9.
Existing and proposed deed restrictions, easements and restrictive
covenants;
10.
Location of proposed culverts and bridges;
11.
Layout and width of right-of-way and cross sections showing
surfacing of all existing and proposed streets and public ways proposed
for the subdivision, and proposed street names;
12.
Lot layout, lot number, approximate dimensions, approximate
lot areas, easements, setback requirements with dimensions, and the
number or letter of each block;
13.
All parcels of land to be dedicated or reserved for public use
or for use in common by property owners in the subdivision and any
conditions of such dedication or reservation;
14.
Utility plans showing the locations and sizes of all existing
and proposed sanitary sewerage lines and facilities or all proposed
on site, the locations and sizes of all existing and proposed water
distribution system lines and facilities, the location of the closest
existing water and sewer mains, and the location and character of
all other existing and proposed public utility lines, including gas
and power lines. These plans shall be accompanied by a written and
signed statement explaining how the applicant proposes to provide
sewage treatment facilities or other disposal of sanitary wastes.
When the applicant intends to use existing sewage treatment facilities,
a letter from the proper authority accepting responsibility for treatment
of sanitary wastes from the proposed subdivision is required to be
provided by the applicant;
15.
A stormwater management plan, stormwater calculations and proposed
size, nature and location of all proposed storm drainage improvements;
16.
Identification, location and nature of all existing and proposed
zoning districts and land uses to be included within the subdivision
and the zoning district and status of adjacent properties within two
hundred fifty (250) feet of the subdivision; and
17.
Proposed use of lots.
D.
Application Date.
1.
The Zoning Administrator shall review the plat and other information
and documentation submitted by the applicant and, within ten (10)
working days of submission, determine if the application as submitted
is complete.
2.
If the application is determined to be incomplete, the Zoning
Administrator shall return the application to the applicant with a
written explanation specifying the additional information required
to be submitted to complete the application.
3.
If the application is determined to be complete, the Zoning
Administrator shall so notify the applicant and shall forward the
application to the Planning and Zoning Commission for review at its
next regularly scheduled meeting after all application fees have been
paid.
4.
For the purposes of these regulations, the date of the meeting
of the Planning and Zoning Commission at which time a complete preliminary
plat is reviewed shall constitute the official submittal date of the
plat. The thirty (30) day period for formal approval or disapproval
of the plat will commence from the official submittal date of the
preliminary plat.
E.
Commission Review And Approval Procedures. Within thirty (30) days
after the submittal of a complete preliminary plat application to
the Planning and Zoning Commission, the Commission shall consider
and determine the application. Notice of the meeting at which the
preliminary plat will be considered shall be published by the City
at least once. Following the hearing and within thirty (30) days of
submission of the complete preliminary plat, the Planning and Zoning
Commission shall recommend approval, disapproval, or approval with
conditions together with a written decision, including findings of
fact and conclusions, which shall be filed on the next working day
with the City Clerk. The Planning and Zoning Commission, with the
consent of the applicant, may extend the thirty-day period. Notice
of the Planning and Zoning Commission's decision shall be forwarded
to the applicant in writing on the date of the filing of the written
decision with the City Clerk.
F.
Guidelines For Commission Decision. The Planning and Zoning Commission
shall consider the following criteria in making a recommendation on
the preliminary plat.
1.
The plat conforms to all applicable provisions of these regulations;
2.
The development pattern is consistent with the goals and policies
of the Comprehensive Plan, as amended, the official map, the major
street plan, the capital improvements program, and any other applicable
planning documents adopted by the City (special area plans, floodplain
maps, neighborhood plans and floating zone district requirements);
3.
The location, spacing and design of proposed streets, curb cuts
and intersections are consistent with good traffic engineering design
principles;
4.
The plat is served, or will be served concurrently with the
time of development, with all necessary and adequate on- and off-site
public utilities, including, but not limited to, water, sewer, gas,
electric, and telephone service, sewer or on-site sewage disposal
system, transportation capacity, storm drainage;
5.
Each lot in the plat of a residential development has adequate
and safe access to/from a local street. If lot access is to/from a
collector or arterial street, the Planning and Zoning Commission shall
expressly find that such access is safe and that no other lot access
or subdivision configuration is feasible;
6.
The plat will be laid out and developed in a manner that is
sensitive to environmental features and/or characteristics of the
tract or parcel, including, but not limited to, topography, slope,
soils, geology, hydrology, floodplains, wetlands, vegetation and trees;
7.
The plat is located in an area of the City that is appropriate
for current development activity and which will not contribute to
the need for inappropriate and untimely extensions and expansions
of public facilities, utilities and services as shown in the capital
improvements program;
8.
The applicant agrees to:
a.
Dedicate land, right-of-way and easements;
b.
Provide satisfactory assurances to comply with all required
conditions imposed; and
c.
Pay all exactions, impact and linkage fees, host and tipping
fees and environmental mitigation fees as required; as may be determined
to be needed to effectuate the purposes of these regulations and the
standards and requirements incorporated herein;
9.
All relevant and applicable submission requirements have been
satisfied in a timely manner;
10.
The impacts on environmental systems and sensitive lands have
been fully mitigated; and
11.
The development is compatible with surrounding development and
all buffers, landscaping and fencing conditions can be met.
G.
Board Of Aldermen Review And Approval. Following action by the Planning
and Zoning Commission, the Board of Aldermen shall review the application
and the recommendation of the Planning and Zoning Commission and either
approve, conditionally approve, or disapprove the preliminary plat.
1.
If the preliminary plat is approved or approved with conditions,
the applicant shall comply with the conditions and then may proceed
with the construction plan, as amended, and final plat approval processes.
2.
If the preliminary plat is disapproved, the Clerk of the Board
of Aldermen shall, within ten (10) days of the Board of Aldermen's
action, record the reasons for disapproval in the journal of the Board
of Aldermen's meeting, notify the applicant in writing of the
action and the reasons therefor and return the preliminary plat to
the applicant.
H.
Effect Of Preliminary Plat Approval. Preliminary plat approval shall
confer upon the applicant, for a period of one (1) year from the date
of approval by the Board of Aldermen, the right to proceed to final
plat approval and to develop the subject tract or parcel pursuant
to the terms and conditions pursuant to which the preliminary plat
approval was granted by the Board of Aldermen. The one-year period
may be extended by the Planning and Zoning Commission upon written
application by the applicant. If no final plat on any portion of a
subdivision for which preliminary approval has been granted is approved
within said one-year period, or such longer period as the Planning
and Zoning Commission may expressly allow, a resubmission of the preliminary
plat (or a revised preliminary plat) shall be required pursuant to
the then current subdivision regulations and any other applicable
land use regulations or requirements. After approval of the preliminary
plat, the applicant shall prepare and file construction plans as required
for all public facilities and utilities to be provided.
I.
Resubdivision. No development approval shall be granted with respect
to any plat which has predated the requirements of these regulations,
and the developer, subdivider of such plat or owner shall be required
to submit a resubdivision process which shall consist of submission
of a concept plan, preliminary and final plat applications. Such predated
plat shall be vested as to the size of lots, parcels and tracts, but
otherwise shall conform to all other requirements of these regulations.
[Ord. No. 849 § 405.22, 10-16-2007]
A.
Construction Plans.
1.
Following approval of the preliminary plat, the applicant shall
have prepared, by a professional engineer registered in the State
of Missouri, construction plans consisting of complete construction
drawings and specifications of all easements, streets, traffic control
devices, street lights, sanitary sewers or on-site sewage disposal
system, stormwater facilities, water system facilities, sidewalks
and other improvements required by these regulations. Construction
plans shall be submitted to the Zoning Administrator for review and
approval.
2.
All improvements required pursuant to these regulations shall
be constructed in accordance with the design standards and plan requirements
of these regulations, the standards and specifications of the City,
and, where applicable, the requirements and authorization of the appropriate
State agency, County department, utility company or local franchisee.
B.
Construction Plan Requirements — General. The construction
plan shall be sealed by a professional engineer. Five (5) copies of
the construction plans shall be submitted to the Zoning Administrator
for review. The construction plans shall be at any scale from one
(1) inch equals ten (10) feet through one (1) inch equals one hundred
(100) feet, so long as the scale is an increment of ten (10) feet
and is sufficiently clear in reflecting details of the proposed construction.
Construction plans shall be prepared on twenty-two-inch by thirty-four-inch
sheets. The preliminary plat or title page shall be used as the cover
sheet for the construction plans. The plans shall include the following
information shown on separate sheets:
1.
The preliminary plat for the project drawn on the existing topographic
survey of the property;
2.
Roadway, sidewalk, bikeway and traffic control construction
plans, profiles and detail sheets;
3.
Sanitary sewer system construction plans, profiles and detail
sheets or plans approved by the County showing the on-site sewage
disposal system;
4.
Stormwater management plan showing plan and profile of proposed
storm sewer and drainage facilities, detail sheets, hydrological and
hydraulic calculations and other information as required by the Zoning
Administrator;
5.
Proposed grading cross sections and final contours in critical
drainage areas;
6.
Water distribution system construction plans and details;
7.
Locations of electric, telecommunications and other utility
improvements;
8.
A general schedule of the timing and sequence of construction
for all required improvements;
9.
Roadway construction detail sheets: All construction details
pertaining to the roadway improvements (e.g., pavement details, pavement
width, curbing, sidewalk, unpaved areas, entrances, lighting, etc.)
shall be shown on typical section, in plan and profile. Specific details
shall include, but not be limited to:
a.
Pavement installation, widening, or resurfacing improvements
dimensioned and developed in accordance with City improvement standards;
b.
Pavement widening and resurfacing improvements in the right-of-way
as measured from the center line;
c.
Mathematical profile grade and elevations at twenty-five (25)
feet intervals on vertical curves and fifty (50) feet intervals on
tangent sections for all roadway construction. Elevations at quarter
point intervals along pavement edge at street intersection corners;
d.
Resurfacing profile grade elevations on existing center line
and edges of pavement at twenty-five (25) feet intervals and breaks
in grade (i.e., irregularities in pavement);
e.
Jointing plan and details for Portland cement concrete pavement;
f.
Type and location of entrance construction;
g.
Propose traffic control devices and signs to be used during
construction and upon completion of the project; and
h.
Every subdivision shall provide access of each lot to a public
road. In "ER" and "LDR" Districts, a gated subdivision may be built.
All roads within such a subdivision shall be private, built to all
public road construction standards, and shall provide a development
agreement running with the land to bind all lots within the subdivision
through homeowners' association dues sufficient to support a
performance and payment bond or letter of credit with buildup of reserves
to assure repair and replacement of all roads, sidewalks, and other
similar facilities;
10.
Sanitary sewer or on-site sewage disposal system, storm drainage,
and water line plans and profile sheets: All construction details
pertaining to the wastewater disposal system, storm drainage and water
distribution system improvements shall be prepared in accordance with
all requirements of these regulations and other pertinent City and
County regulations and standards and shall be shown in plan and profile.
With the approval of the Zoning Administrator, profiles may be omitted
from water distribution system drawings. Specific details shall include,
but shall not be limited to:
a.
Existing ground and finished grade shown and designated;
b.
Methods to be used in repairing open trenching of pavement;
c.
Limits of backfill and pavement replacement at all crossings
of existing roadway surfaces not bored;
d.
Location of all utilities to be encountered in construction.
Sufficient copies of plans must be submitted for utility providers;
and
e.
Proof of plan approval by any other political subdivisions having
jurisdiction over any aspect of the proposed development must be received
prior to construction plan approval;
11.
Grading Plan And Cross-Section Sheets. A grading plan for the
entire tract within the preliminary plat boundaries shall be provided.
All grading details pertaining to site development shall be shown
in plan or on cross-section sheets. Specific details shall include,
but shall not be limited to:
a.
Existing and proposed contours, normally at two (2) foot intervals,
in critical drainage areas. Contour intervals for grading plans greater
than two (2) feet will require the Zoning Administrator's approval;
b.
Site grading shall be compatible with ultimate roadway elevations;
c.
Where required by the Zoning Administrator, cross sections showing
existing ground and finished grades plotted at a scale of not less
than one (1) inch equals one hundred (100) feet horizontal and one
(1) inch equals ten (10) feet vertical; and
d.
Erosion control plan, as applicable, showing compliance with
State requirements.
12.
Detailed plans as shall be required by the planning staff, Zoning
Administrator, City Engineer and Public Works Department with regard
to mitigation of environmental impacts, on- and off-site construction
of the stormwater management system, and buffering, fencing and landscaping.
C.
Public Agency Reviews. Prior to approving the construction plans,
the Zoning Administrator shall submit the construction plans to all
applicable Federal, State, regional, County, adjacent City and special
district reviewing agencies and public utility companies servicing
the subdivision or required to review the construction plans. The
Zoning Administrator shall forward comments from those agencies to
the applicant along with the City's comments.
D.
Timing Of Improvements. No grading, removal of trees or other vegetation,
land filling, construction of improvements, or other material change
shall commence on the subject property until the applicant has:
1.
Entered into a development agreement with the City or otherwise
arranged for completion of all required improvements;
2.
Received approval of the construction plans and all necessary
grading permits from the Zoning Administrator;
3.
Obtained necessary approvals and permits from applicable Federal,
State agencies, regional, County, public utility and special district;
and
4.
If an excavation activity is to occur as defined in these regulations,
the obtaining of a conditional use permit for substantial land alteration
and/or a quarry or sand and gravel overlay zoning district approval.
E.
Modification Of Construction Plans. All installations of improvements
and all construction shall conform to the approved construction plans.
If the applicant chooses to make minor modifications in design and/or
specifications during construction, such changes shall be made at
the applicant's own risk, but only with the written approval
of the Zoning Administrator. It shall be the responsibility of the
applicant to notify the Zoning Administrator in advance of any changes
to be made from the approved drawings. In the event that actual construction
work deviates from that shown on the approved construction plans and
such deviation was not approved in advance by the Zoning Administrator,
the applicant may be required to correct the installed improvements
to conform to the approved construction plans. In addition, the City
may take such other actions as may be deemed appropriate, including,
but not limited to, revocation of plat approval and/or permits already
issued and/or withholding of future approvals and permits.
F.
As-Built Drawings.
1.
Prior to final inspection of the required improvements, the
applicant shall submit to the Zoning Administrator one (1) reproducible
copy and two (2) prints of as-built engineering drawings for each
of the required improvements that have been completed. Each set of
drawings shall be recertified by the applicant's engineer indicating
the date when the as-built survey was made.
2.
Sewerage And Storm Drainage. As-built drawings shall show the
constructed vertical elevation, horizontal location and size of all
sanitary sewers or on-site sewage disposal system, storm sewers, manholes,
inlets, junction boxes, detention basins and other appurtenances or
elements of the sewerage and storm drainage systems constructed to
serve the subdivision.
3.
Streets And Street Lights. Unless otherwise required by the
Zoning Administrator, as-built drawings for roadways or street improvements
shall be limited to a survey of the street center line, with final
profile elevations recorded on the drawings at one hundred (100) foot
intervals, plus the notation of changes in horizontal alignment or
intersection geometrics which may have been made during construction,
and the location of street lights.
4.
Water. As-built drawings for water lines, valves, fire hydrants
and other appurtenances or elements of the water distribution system
constructed to serve the project shall be limited to horizontal location
and size of water lines and location and description of valves with
dimensional ties as may be required by the Zoning Administrator or
the Director of Public Works.
5.
Sidewalks. As-built drawings showing location with respect to
the street right-of-way, width and vertical elevation.
6.
Control Points. As-built drawings shall show all control points
and monumentation.
7.
Environmental Mitigation. As-built drawing showing all required
mitigation based upon an environmental impact report.
G.
Failure To Complete Improvements. If no subdivision improvement agreement
has been executed and no security has been posted, the failure to
complete all required public improvements within the period specified
by the City shall result in expiration of plat approval. If a subdivision
improvement agreement has been executed and security has been posted
and required public improvements are not installed pursuant to the
terms of the agreement, the City may:
1.
Declare the subdivision improvement agreement to be in default
and require that all public improvements be installed regardless of
the extent of completion of the development at the time the agreement
is declared to be in default;
2.
Suspend final plat approval until the public improvements are
completed and record a document to that effect with the County Department
of Records for the purpose of public notice;
3.
Obtain funds pursuant to the surety and complete the public
improvements by itself or through a third party;
4.
Assign its right to receive funds pursuant to the surety in
whole or in part to any third party, including a subsequent owner
of the subdivision or addition for whom the public improvements were
not constructed, in exchange for the subsequent owner's agreement
to complete the required public improvements; and/or
5.
Exercise any other rights available under the law, including
injunctive equitable, declaratory damages or other legal relief and
remedies.
[Ord. No. 849 § 405.23, 10-16-2007]
A.
Submittal Requirements. Applicants for final plat approval shall
submit a complete application and other required materials and information
to the Zoning Administrator. The final plat shall be in sufficient
detail to convey the applicant's ideas and intentions in platting
the proposed subdivision. It shall contain a written description of
the existing conditions on the tract and the necessary drawings and
sketches as required by this Chapter to convey the applicant's
plan of development. The plat shall be signed by a registered surveyor.
B.
Filing Procedure. Following approval and prior to the expiration
of the preliminary plat, the applicant may continue the subdivision
process by filing a final plat. A final plat shall not be accepted
for review after the expiration of the preliminary plat. The final
plat application shall be filed with the Zoning Administrator thirty
(30) days prior to the Planning and Zoning Commission meeting at which
the application is to be reviewed and shall contain:
1.
One (1) reproducible original and a sufficient number of copies
of the proposed final plat as specified on the application;
2.
The additional information required pursuant to these regulations
or specified on the application;
3.
A completed application form;
4.
The applicable fees for filing and recording the plat, and for
review of the construction plans; and
5.
An agreement in writing on a form provided by the City Attorney
that the developer will install all of the improvements required herein.
C.
Substantial Compliance With Preliminary Plat. Prior to submitting
the final plat to the Planning and Zoning Commission, the Zoning Administrator
shall review the plat for substantial compliance with the approved
or conditionally approved preliminary plat. If the final plat for
a subdivision is found to deviate substantially from the approved
preliminary plat, the applicant will be required to submit a new final
plat if the deviations are eliminated, or a new preliminary plat if
the deviations are retained. If a new preliminary plat is required,
the applicant must comply with other applicable land development regulations
at the time of resubmittal. Substantial deviations shall include,
but are not necessarily limited to, the following:
1.
A change in the location or design of a public street;
2.
A change in the layout of lots or blocks;
3.
A change in access to lots;
4.
A change in areas, streets or rights-of-way to be reserved or
dedicated;
5.
A change in the drainage plan which increases the runoff from
the tract;
6.
A change in the public utilities and facilities to be provided;
7.
A change in the extent of buffering between the proposed subdivision
and adjacent areas and/or land uses; or
8.
A change in environmental mitigation.
D.
Contents. The final plat shall be prepared on a tracing cloth, mylar
or similar quality material at a scale of [one (1) inch equals one
hundred (100) feet or larger], unless specifically waived by the Zoning
Administrator, in a size that is a multiple of eight and one-half
(8 1/2) inches by eleven (11) inches with a maximum size of twenty-two
(22) inches by thirty-four (34) inches. Where a proposed subdivision
does not fit on a single sheet, the final plat shall be submitted
on two (2) or more sheets of the same dimensions along with an index
sheet showing the entire development at a smaller scale. The final
plat shall show or have attached the following information:
1.
All information required of a concept plan and preliminary plat;
2.
The location of the boundary in reference to existing official
monuments or the nearest established street lines, including the angles
and distances to such reference points or monuments shall be furnished.
The plat shall show all monumentation which shall be installed as
required by the Zoning Administrator in a manner that meets or exceeds
current Minimum Standards for Property Boundary Surveys;
3.
The location by section, township, range, City and State, including
descriptive boundaries of the subdivision based on an accurate traverse
giving angular and linear dimensions which shall mathematically close
and which shall be tied into the State Grid System. Bearings and distances
of all exterior boundary lines and along the center lines of streets
shall be furnished;
4.
The legal description of the entire tract to be subdivided.
The registered surveyor shall determine the coordinates of each and
every controlling corner of the boundary of the tract of land being
surveyed or subdivided. The procedures and the coordinate values shall
meet or exceed the current Minimum Standards for Property Boundary
Surveys of the Department of Natural Resources, 10 CRS 30-2.010. These
coordinate values will be shown on the final plats. Any 1/4-1/4 corner
that is referenced on a subdivision plat shall be referenced to the
proper controlling corners of the section [any two (2) of the nine
(9) corners recognized by the Government Land Office];
5.
The names, lines, three-line profiles, typical sections and
grades of all proposed streets and their widths, right-of-way widths,
and names;
6.
An accurate by metes and bounds description of any property
offered for dedication to the City or another public entity for public
use;
7.
Structure lines and easements for rights-of-way provided for
public use, services or utilities with figures showing their dimensions
and listing uses that are being provided;
8.
All dimensions and bearings, both linear and angular, radii
and arcs, necessary for locating the boundaries of the subdivision,
blocks, lots, streets, easements, structure lines, and other areas
to be dedicated for public or private use. The linear dimensions are
to be expressed in feet and decimals of a foot;
9.
Area in square feet for each lot or parcel, which shall equal
or exceed applicable zoning ordinance requirements;
10.
Structure setback lines with dimensions;
11.
An accurate drawing of the proposed subdivision with the lots
clearly numbered. If the blocks are to be numbered or lettered, these
should be shown clearly in the center of the block;
12.
Approved construction plans conforming with the requirements
of these regulations for all roadway, grading, sanitary sewerage system,
storm drainage facilities, water distribution system, environmental
mitigation, and other pertinent site improvements. Two (2) sets of
such construction plans shall be submitted with the final plat;
13.
Boundary lines and description of the boundary lines of any
areas other than streets and alleys which are to be dedicated or reserved
for public use;
14.
Two (2) copies of all deed restrictions, easements and/or restrictive
covenants and, if applicable, articles of incorporation and bylaws
of a homeowners' association for the proposed subdivision;
15.
A statement dedicating all easements, streets, alleys and other
public areas not previously dedicated;
16.
Certification by a registered land surveyor that all details
of the plat are correct;
17.
Other certifications as required to comply with these regulations;
18.
Two (2) copies of a sanitary sewer construction permit issued
by the State, DNR which includes the approval of all lines and necessary
appurtenances intended to serve the proposed lots as shown on the
final plat, or plans approved by Jackson County showing the location
of all parts of an on-site sewage disposal system;
19.
Proof of payment of all fees and taxes owed or owing to all
taxing and regulatory jurisdictions, including, but not limited to,
the City and County and the appropriate school district and fire district;
and
20.
Other information pertaining to the proposed development as
may be determined to be necessary from time to time by the Planning
and Zoning Commission to facilitate review of the final plat.
E.
Commission Review And Approval Procedures. The final plat shall conform
as closely as possible to the approved preliminary plat. All improvements
and facilities to be provided by the developer shall be approved by
the Zoning Administrator and installed prior to the issuance of an
occupancy permit, or adequate security in lieu of making improvements
shall be provided. All required dedications and easements shall be
offered for dedication on the final plat by the applicant before the
Planning and Zoning Commission shall approve the final plat; however,
approval of the final plat shall not itself constitute acceptance
of land for dedication. Acceptance of land dedication requires separate,
written approval by the Board of Aldermen.
F.
Commission Guidelines For Decision. The Planning and Zoning Commission
shall consider the following criteria in making a decision on the
final plat:
1.
The final plat substantially conforms to the approved preliminary
plat and any conditions and exceptions granted pursuant thereto;
2.
The final plat conforms to all applicable requirements of these
regulations, the zoning ordinance and other applicable land development
regulations; and
3.
All submission requirements of these regulations have been satisfied.
G.
Board Of Aldermen Review And Approval. Following action by the Planning
and Zoning Commission, the Board of Aldermen shall review the application
and the recommendation of the Planning and Zoning Commission and either
approve, conditionally approve, or disapprove the final plat. The
Board of Aldermen shall, within thirty (30) days following its consideration,
render a written decision incorporating its findings of fact and conclusions
which shall approve, disapprove or approve with conditions the final
plat and shall transmit written notice of its decision to the applicant
on the next working day. If the proposed final plat is approved, the
Zoning Administrator shall execute the plat. The applicant may then
file and record the plat. If the proposed final plat is disapproved,
the City Clerk shall, within ten (10) days of the Board of Aldermen
action, record the written decision in the minutes of the Board of
Aldermen meeting, and further notify the applicant in writing of the
action and the reasons therefor, and return the final plat to the
applicant.
H.
Effect Of Final Plat Approval. Final plat approval shall confer upon
the applicant the right to apply for building permits and to develop
the subject tract or parcel pursuant to the terms and conditions pursuant
to which the final plat approval was granted by the Board of Aldermen;
provided, however, that no final plat shall be filed and recorded
unless and until approval by the Zoning Administrator. No lot in the
subdivision may be sold until the final plat has been officially recorded.
If the final plat is not recorded within ninety (90) days after approval
by the Board of Aldermen, it shall be of no further force or effect
unless, prior to the expiration of such ninety-day period, the final
plat has been extended by approval of the Board of Aldermen.
I.
Acceptance Of Dedication. The approval of a plat shall not be considered
an acceptance of any proposed dedication and does not impose on the
City any duty regarding the maintenance or improvement of any dedicated
parts until the appropriate City authorities make an actual appropriation
of the dedicated parts by entry, use, or improvement. The disapproval
of a plat shall be considered a refusal by the City of the offered
dedication indicated on the plat.
J.
Requirements After Approval.
1.
The applicant shall submit prints of the final plat on cloth
and prints on paper for certification as specified by the Zoning Administrator.
2.
The final plat shall contain a certificate consenting to the
recordation of the plat as submitted. This certificate shall be signed
and acknowledged by all parties having any title interest in the land
subdivided. The cloth copies shall carry the original signatures of
the owners and a notary public.
3.
The final plat shall carry a certification by a registered surveyor
that the details of the plat are correct.
4.
Certificates of approval shall be filled in by the signature
and seal of the Zoning Administrator.
[Ord. No. 849 § 405.24, 10-16-2007]
A.
Recording Procedures. Within ninety (90) days following final plat
approval by the Board of Aldermen, the applicant shall file an approved
plat with the County Department of Records. The applicant shall furnish
the Zoning Administrator with the recording date, the document number,
and the book and page numbers after recording the approved plat. The
applicant shall bear all expenses in connection with the filing of
the final plat and the County Department of Records shall not be required
to file the final plat until the applicant has paid the required filing
fee. If not paid, and if the final plat is not filed within ninety
(90) days of approval by the Board of Aldermen or if, for any other
reason, the applicant fails to record the approved final plat within
said ninety (90) days, the final plat shall be deemed null and void,
unless an extension has been granted by the Board of Aldermen, for
good cause, prior to the expiration of said ninety (90) days. Prior
to recordation, the applicant and/or the property owner must submit
to the Zoning Administrator a certificate or other documentation from
the County Division of Finance indicating that there are no outstanding
delinquent taxes, assessments or fees with respect to the property
proposed for subdivision and/or the property owner, and that all taxes,
liens and encumbrances have been satisfied of record on the land to
be dedicated as streets, alleys or for other public purposes. Simultaneously
with or prior to the filing of the final plat, the applicant and/or
owner shall record in the County Department of Records any development
agreement or other legal document entered into by the City and the
applicant or developer. Failure to record the development agreement
shall make the final plat null and void. The City may record a document
against the subject property with the County Department of Records
stating that the final plat is null and void and that further sale,
lease or development of the property within the subdivision is prohibited.
B.
Fees. At the time the concept plan has been certified as complete
by the Zoning Administrator, the applicant shall deposit all fees
covering the administrative processing of the plat. All impact fees,
exactions, mitigation, tipping and host fees and dedications together
with the performance, payment and release agreement shall be paid
to the City Clerk prior to the execution of the final plat by the
Zoning Administrator. Such fees shall be in the form of a check made
payable to the City.
[Ord. No. 849 § 405.25, 10-16-2007]
A.
Purpose. The purpose of this Section is to provide a streamlined
and efficient process for the combination of parcels or correction
of mistakes in an approved subdivision. The Zoning Administrator is
authorized to amend plats administratively. A resubdivision of a plat
is required to be approved.
B.
Applicability. The Planning and Zoning Commission may approve an
amended plat, if the amending plat is signed by the applicant(s) and
is solely for one (1) or more of the following purposes:
1.
To correct an error in a course or distance shown on the preceding
plat;
2.
To add a course or distance that was omitted on the preceding
plat;
3.
To correct an error in a real property description shown on
the preceding plat;
4.
To indicate monuments set after the death, disability, or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
5.
To show the location or character of a monument that has been
changed in location or character or that is shown incorrectly as to
location or character on the preceding plat;
6.
To correct any other type of scrivener or clerical error or
omission, including lot numbers, acreage, street names, and identification
of adjacent recorded plats;
7.
To correct an error in courses and distances of lot lines between
two (2) adjacent lots if both lot owners join in the application for
amending the plat, neither lot is abolished, the amendment does not
attempt to remove recorded covenants or restrictions and the amendment
does not have a material adverse effect on the property rights of
the other owners in the plat;
8.
To relocate a lot line to eliminate an inadvertent encroachment
of a structure or other improvement on a lot line or easement that
existed prior to the original approval of the plat;
9.
To relocate a lot line between two (2) adjacent lots if both
of the owners of the lots consent to amendment of the plat, the amendment
does not attempt to remove recorded covenants or restrictions which
were imposed as a condition of or in connection with plat approval;
10.
To combine two (2) lots into a single consolidated lot.
C.
Initiation. A developer or owner seeking to amend an approved plat
shall file with the Zoning Administrator the amending plat, together
with a copy of the plat being amended and a statement detailing the
amendments being proposed. The Zoning Administrator shall, upon determination
of the completeness of the application, notice a hearing before the
Planning and Zoning Commission. If the plat being amended has been
recorded, the additional recordation fee shall be deposited with the
City at the time of plat filing.
D.
Decision. Notice and a hearing before the Planning and Zoning Commission
shall be required for the approval and issuance of an amending plat.
The applicant or any interested party with standing may appeal the
determination of the Planning and Zoning Commission to the Board of
Aldermen.
E.
Recordation Language. The amending plat shall be clearly marked "Amending
plat of (plat number and name). This plat amends the plat previously
recorded in the plat and deed records of Jackson County, Volume _____,
Page _____." The amending plat shall then be recorded if all requirements
have been met. If the plat being amended has not been recorded, the
amending plat may be approved by the Zoning Administrator. Upon approval
by the Zoning Administrator, the amending plat shall be annotated
with the following statement: "This plat includes amendments approved
by the Zoning Administrator."
[Ord. No. 849 § 405.26, 10-16-2007]
A.
Applicability. A resubdivision with or without shall be recorded
and is controlling over the preceding plat without vacation of that
plat if the resubdivision:
1.
Is signed and acknowledged by all of the owners of the property
being replatted;
2.
Is approved, after a public hearing on the matter at which parties
in interest and citizens have an opportunity to be heard, by the Planning
and Zoning Commission, subject to appeal to the Board of Aldermen;
and
3.
Does not attempt to amend or remove any covenants or restrictions
which were imposed as a condition of or in connection with the plat
approval.
B.
Initiation. A subdivider wishing to resubdivide an approved plat
shall file with the Zoning Administrator the proposed replat, together
with a copy of the plat being replatted and a statement detailing
the amendments being proposed. The resubdivision shall follow all
of the requirements and procedures for a preliminary plat. If the
plat being replatted has been recorded, the additional recordation
fee shall be deposited with the City at the time of plat filing.
[Ord. No. 849 § 405.27, 10-16-2007]
A.
Applicability. For purposes of this Section, any subdivision which
has not been recorded prior to the effective date of these regulations
shall not be considered a plat and a replat of such a subdivision
shall be required. A resubdivision is recorded and is controlling
over the prior approved plat. The resubdivision shall follow all of
the requirements and procedures for preliminary plat.
B.
Initiation. A subdivider, developer or owner wishing to resubdivide
shall file with the Zoning Administrator the proposed plat, together
with a copy of the preceding plat and a statement detailing the changes
being proposed. If the plat being resubdivided has been recorded,
the additional recordation fee shall be deposited with the City at
the time of plat filing.
[Ord. No. 849 § 405.28, 10-16-2007]
A.
Zoning Amendments Authorized. The text of these regulations or the
Official Zoning Map may be amended from time to time consistent with
the adopted Comprehensive Plan, as amended, by the Board of Aldermen.
B.
Initiation Of Application. An owner of real property within the City,
or that owner's authorized representative, may, upon proof of
ownership, apply for amendment of the text of these regulations or
a change in zoning district boundaries for that landowner's property.
Such amendment may also be initiated by the City Planning and Zoning
Commission, the Zoning Administrator or the Board of Aldermen.
C.
Application. An application by a property owner for a change in these
regulations or the Official Zoning Map shall be on a form supplied
by the Zoning Administrator. Said application shall be completed in
its entirety and filed with the Zoning Administrator who shall set
a public hearing date before the Planning and Zoning Commission.
D.
Information Required In Amendment Application. When the application
involves a change in the Official Zoning Map, the applicant shall
submit the following information:
1.
A legal description of the property;
2.
A scaled map of the property, correlating with the legal description,
and clearly showing the property's location, its perimeter dimensions
and the floor area ratio of each building and structure proposed for
the site;
3.
The name, address, and phone number of the applicant and property
owner;
4.
A description of the present use of the property and existing
zoning;
5.
A description of the proposed use of the property and requested
zoning;
6.
The area of the property in square feet and/or acres;
7.
The proposed time schedule for development;
8.
The source/method for providing utility/infrastructure services
to the property;
9.
A description of existing road conditions and any new roads
to be included in the development and of the effect the proposed development
will have on existing road and traffic conditions;
10.
Declaration of the property's status relative to floodplain
information provided by FEMA;
11.
A list of any State, Federal, or other public agencies'
approvals or permits required for the proposed development;
12.
The effect the proposed development may have on surrounding
properties;
13.
Additional exhibits as may be required by the Zoning Administrator
such as a site plan showing elevations of property, location and size
of all existing and proposed structures, roadways, easements, and
parking areas, and the location of present and proposed points of
access of the property;
14.
The signatures(s) of the applicant(s) and owners(s) certifying
the accuracy of the required information;
15.
The name and address of all property owners within five hundred
(500) feet of the boundaries of the property which is the subject
of the requested amendment; and
16.
The submission of a site plan, in accord with all of the requirements
of these regulations, shall be required for a change in the Official
Zoning Map.
E.
Special Notice Requirements.
1.
Notice of all public hearings required by this these regulations
shall be published, except for such hearings as may have been continued.
If such continuance of a public hearing is to a specific date and
time not later than sixty (60) days from the first hearing for which
required notice was given, the announcement of the continuance at
the originally scheduled hearing time and location is sufficient notice
of the continued public hearing and no additional notice is required.
2.
Published notice of a proposed zoning amendment shall contain,
in addition to all other requirements for notice, a statement describing
the proposed change in regulations or restrictions, or the zoning
classification or zoning district boundaries of the property. If the
proposed amendment would change the zoning classification of any property
or the boundaries of any zoning district, such notice shall contain
the address or general location of such property, its present zoning
classification, and the proposed classification.
3.
For a change in zoning district boundaries or other Zoning Map
amendment, notice of the public hearings shall be sent, at the applicant's
cost, fifteen (15) days prior to the public hearings by regular United
States mail to the owners of all real property located within one
hundred eighty-five (185) feet from the exterior boundaries of the
property which is the subject of the change in zoning district boundaries
or other Zoning Map amendment. The owners of all real property to
whom notice must be send shall be determined by a title company, at
the expense of the applicant. If any of the real property within the
notification area is part of a homeowners' association or similar
association, the president or agent of the homeowners' association
or similar association must be sent mailed notice as well.
[Ord. No. 16-18, 12-20-2016]
F.
Public Hearing By The Planning And Zoning Commission. The Planning
and Zoning Commission shall hold a public hearing on each proposed
zoning amendment. Such hearing shall be held in any place in the City
designated by the Planning and Zoning Commission regardless of the
location of the land affected by such amendment or amendments.
G.
Report And Recommendation By Commission. Upon conclusion of the public
hearing, the Planning and Zoning Commission shall forward to the Board
of Aldermen a summary of all evidence taken in the hearing, together
with its recommendations for any change to the Official Zoning Map
or these regulations together with its approval, conditional approval
or denial of the site plan application where an amendment to the Official
Zoning Map is requested. Said recommendation may be for approval,
disapproval or approval in part, and the reasons for the recommendation
shall be included.
H.
Amendments To Text. When a proposed amendment would result in a change
in the text of these regulations but would not result in a change
of zoning classification of any specific property, the recommendation
of the Planning and Zoning Commission shall contain findings of fact
and conclusions as to:
1.
Whether such change is consistent with these regulations and
the goals and policies of the Comprehensive Plan, as amended;
2.
The areas that are most likely to be directly affected by such
change and the likely physical, environmental and fiscal impacts of
such change and the extent to which such impacts can be mitigated;
and
3.
Whether the proposed amendment is necessary because of changed
conditions, or other fiscal, physical, environmental, or other economic
conditions in the areas and zoning districts affected.
I.
Decision By Board Of Aldermen. Upon the receipt of the recommendation
of the Planning and Zoning Commission, the Board of Aldermen shall
consider the application and may approve the recommendation of the
Planning and Zoning Commission. If an ordinance approving any amendment
to these regulations or the Official Zoning Map is not introduced
to the Board of Aldermen within ninety (90) days after the report
of the Planning and Zoning Commission is received by the Board of
Aldermen, the amendment shall be deemed denied. The Board of Aldermen
shall not approve any amendment to the regulations or to the Official
Zoning Map which changes the recommendation of the Planning and Zoning
Commission until it remands the application to the Planning and Zoning
Commission for its further recommendation as to the change. Upon the
return of the Planning and Zoning Commission's recommendation
on the change, the Board of Aldermen may approve, conditionally approve
or deny the application with or without the change.
J.
Public Hearing. The Board of Aldermen shall hold a public hearing
on a proposed ordinance granting or denying an application for amendment
or supplement to the Official Zoning Map or these regulations.
K.
Public Hearing Notice. Notice of the time and place of the public
hearing before the Board of Aldermen shall be published in one (1)
newspaper having general circulation within the City at least fifteen
(15) days before the date of said hearing.
L.
Protest Of Proposed Zoning Amendment. If a written protest against
a proposed amendment is signed by the owners of thirty percent (30%)
or more of the land area (exclusive of streets and alleys) either
included in such proposed amendment or within an area determined by
lines drawn parallel to and two hundred fifty (250) feet distant from
the boundaries of the district proposed to be changed, and is filed
with the Clerk of the Board of Aldermen prior to the introduction
by the Board of Aldermen of an ordinance relating to the proposed
amendment, then such amendment may not be adopted except by the favorable
vote of two-thirds (2/3) of all members of the Board of Aldermen.
M.
Approved Action. If the Board of Aldermen approves an application,
it shall adopt an ordinance to that effect. The amending ordinance
shall define the change or boundary as amended, order the Official
Zoning Map to be changed to reflect such amendment.
[Ord. No. 849 § 405.29, 10-16-2007]
A.
Procedures For Amending Comprehensive Plan Text. The text of the
adopted Comprehensive Plan may be amended from time to time. Amendments
to the Comprehensive Plan text may be initiated by the Zoning Administrator,
by the Planning and Zoning Commission, by the Board of Aldermen or
by petition of a property owner or owner of a business located in
the City. Proposed text amendments by property owners or business
owners shall be reviewed as set forth in the Comprehensive Plan. The
Board of Aldermen may establish by resolution schedules during which
Comprehensive Plan text amendments will be considered.
B.
Procedures For Amending Land Use Map. The Planning and Zoning Commission,
the Board of Aldermen, a property owner or the owner of a business
located in the City may initiate a request for amendment of the land
use map of the Comprehensive Plan. The application for amendment of
the land use map may be accompanied by an application for a zoning
amendment. The Board of Aldermen may establish, by resolution, schedules
during which Comprehensive Plan text amendments will be considered.
C.
Recommendation On Amendments By Planning And Zoning Commission. Prior
to adoption of any Comprehensive Plan amendment, the Commission shall
hold a public hearing in accordance with these regulations, after
receiving the report and recommendation of the Zoning Administrator.
Following its decision on the application, the Commission shall adopt
the amendment by resolution expressly referencing the same and shall
cause to be affixed to the amendment the signatures of the Chair and
Secretary of the Commission.
D.
Decision On Amendment By Board Of Aldermen. Following receipt of
Planning and Zoning Commission recommendations, the Board of Aldermen
shall schedule a public hearing to decide whether to adopt the amendment.
The public hearing shall be conducted in accordance with these regulations.
The Board of Aldermen shall consider the proposed amendment to the
Comprehensive Plan and shall render a decision thereon. Thereafter,
the zoning regulations and Zoning Map shall be rendered consistent
with the approved Comprehensive Plan amendment.
[Ord. No. 849 § 405.30, 10-16-2007]
A.
Purpose And Intent. Conditional uses are those uses which generally
are compatible with the permitted land uses in a given zoning district,
but which require individual review of their location, design and
configuration and the imposition of conditions in order to ensure
the appropriateness of the use at a particular location within a given
zoning district.
B.
Status Of Conditional Permitted Uses.
1.
The designation of a use in a zoning district as a conditional
use does not constitute an authorization or assurance that such use
will be approved. The submission of a concept and site plan in accord
with all of the requirements of these regulations shall be required
for approval of a conditional use permit.
2.
Approval of a conditional use permit shall be deemed to authorize
only the particular use for which the permit is issued.
3.
No use authorized by a conditional use permit shall be enlarged,
extended, increased in intensity or relocated unless an application
is made for a new conditional use permit in accordance with all of
the procedures set forth in this Chapter for conditional use permit.
4.
Development of the use shall not be carried out until the applicant
has secured all of the development approvals required by these regulations,
other appropriate provisions of the City Code or any permits required
by local, regional, State or Federal agencies.
C.
Application For Conditional Use Permit.
1.
An application for a conditional use permit may be submitted
by the property owner or by the property owner's designated representative.
It shall comply with the requirements of citizen participation, concept
plan approval and site plan approval of these regulations.
2.
The application shall be submitted to the Zoning Administrator
for a determination of completeness. If a zoning amendment is required
or requested, such application shall accompany the application for
a conditional use permit, meeting all of the requirements for a zoning
amendment pursuant to these regulations.
3.
Upon determination by the Zoning Administrator that the application
is complete, the Zoning Administrator shall forward the application
to the Planning and Zoning Commission.
D.
Public Hearings.
1.
The Planning and Zoning Commission shall hold a public hearing
on the application in accordance with the provisions of these regulations.
At the completion of the hearing, the Planning and Zoning Commission
shall make a report and recommendation on the application and forward
such recommendation to the Board of Aldermen.
2.
The Board of Aldermen shall hold a public hearing on the application
in accordance with the provisions of these regulations. At the completion
of the hearing, the Board of Aldermen may grant permission for the
conditional use permit if the proposed use meets the following conditions:
a.
The proposed use at the specified location is consistent with
the policies embodied in the adopted Comprehensive Plan, as amended;
b.
The proposed use is consistent with the general purpose and
intent of the applicable zoning district regulations and complies
with requirements of these regulations;
c.
The proposed conditional use is not materially detrimental to
the public health, safety, convenience and welfare, or results in
material damage or prejudice to other property in the vicinity;
d.
The proposed use is compatible with and preserves the character
and integrity of adjacent development and neighborhoods and includes
improvements or modifications either on-site or within the public
rights-of-way to mitigate development-related adverse impacts, such
as traffic, noise, odors, visual nuisances, impacts on environmental
sensitive areas or other similar adverse effects to adjacent development
and neighborhoods. These improvements, modifications or mitigation
may include, but shall not be limited to, the placement or orientation
of structures and entryways, parking areas, buffer yards, and the
addition of landscaping, walls, or both, to ameliorate such impacts;
e.
The proposed use does not generate pedestrian and vehicular
traffic which will be hazardous to the existing and anticipated traffic
in the neighborhood;
f.
The proposed use meets all of the conditions set forth in these
regulations for the specific use for which the conditional use permit
is requested;
g.
The proposed use meets all of the requirements set forth in
these regulations; and
h.
The site plan has been approved or conditionally approved by
the Planning and Zoning Commission.
3.
If the proposed use requires a division of land, an application
for a subdivision or other land division shall be submitted in conjunction
with the application for a conditional use permit. Approval of the
conditional use permit shall not become effective until final approval
of the subdivision application, provided that if the land is to be
developed in phases, the approval of the conditional use permit shall
take effect upon final approval of the phase of the subdivision containing
the property on which the conditional use is to be located.
E.
Decision On Conditional Use Permit And Appeal. The Board of Aldermen
shall render its decision on the conditional use permit application,
and may impose conditions. The permit shall set out regulations, restrictions,
limitations and termination date so that reasonable control may be
exercised over the use. If the appropriateness of the use cannot be
assured at the location, the application for conditional use permit
shall be denied as being incompatible with existing uses or uses permitted
by right in the district. No application will be approved or permit
granted that is in violation of or in conflict with any laws of the
State of Missouri or of these regulations.
F.
Revocation Of Conditional Use Permits. Any conditional use permit
granted under the authority of this Chapter is subject to revocation
for any or all of the following reasons:
1.
Non-compliance with any conditions imposed by these regulations
or by the Board of Aldermen at the time of approval of the conditional
permit;
2.
Violation of any provision of these regulations or provisions
or limitations pursuant to conditional use approval;
3.
Violation of any other applicable code provisions or any local,
State or Federal law or regulation by the permittee or agents of the
permittee, provided that such violations relate to the conduct or
activity authorized by the conditional use permit or the qualifications
of the permittee or its agents to engage in such conduct or activity;
and/or
4.
No revocation shall occur until a public hearing is held by
the Board of Aldermen. Such conditional use permit revocation must
be approved by the Board of Aldermen and must be accompanied with
written findings of fact and conclusions substantiative of the violations.
[Ord. No. 849 § 405.31, 10-16-2007]
A.
Purpose. The purpose of requiring site plan review is to ensure that
proposed development conforms with these regulations and includes
a compatible arrangement of structures, off-street parking, lighting,
signage, landscaping, vehicle and pedestrian circulation, site drainage,
and open spaces. Site review shall consider the siting of proposed
construction and its impact upon the existing topography and natural
vegetation, and the relationship of proposed construction to existing
public and private improvements in the immediate area and its conformance
to the policies and standards of the Comprehensive Plan, as amended.
The design shall encourage the elimination of unnecessary grading,
and endeavor to retain the natural character of the site including
the preservation of trees and other natural features.
B.
Applicability. Except for major subdivision review of residential
subdivision, a site plan shall be required for any request for overlay
zoning, for an amendment to the Official Zoning Map, development approval
for new construction, exterior additions or changes in use or area
dimension to any land and/or structure used for multi-family, commercial,
industrial or public use, whether such use is a permitted use in the
district, authorized by conditional use permit or overlay zoning district
or allowed as a planned development. No development approval shall
be issued for a development subject to site plan review until such
site plan has been approved by the Planning and Zoning Commission.
C.
Application And Processing. An applicant may initiate site plan review
by filing an application with the Zoning Administrator.
D.
Contents. All site plans shall be prepared on a tracing cloth, mylar
or similar quality material at a scale of [one (1) inch equals one
hundred (100) feet or larger], unless specifically waived by the Zoning
Administrator, in a size that is a multiple of eight and one-half
(8 1/2) inches by eleven (11) inches with a maximum size of twenty-two
(22) inches by thirty-four (34) inches. The site plan shall show or
have attached the following information:
1.
All information required by any other of these regulations;
2.
Size, use and location of existing and proposed structures,
sidewalks, bicycle and pedestrian paths and drives on the subject
property, and existing structures and drives adjacent to the property;
3.
Location of floodplain areas subject to flooding, center lines
of drainage courses, and finished floor elevations of proposed structures;
4.
Location of proposed drives, parking areas, traffic access points,
signalization, deceleration lanes and alternative access routes;
5.
Property lines, platted setback lines, and lot dimensions;
6.
Location, number and dimensions of existing and proposed parking
spaces;
7.
Final grades;
8.
Location of existing trees greater than eight (8) inches in
diameter and proposed landscaping;
9.
Drainage information as to on- and off-site flows sufficient
to demonstrate compliance with the improvement requirements of these
regulations and other laws and regulations;
10.
Buffers, landscaped areas and fences; and
11.
All environmentally sensitive lands on-site or within five hundred
(500) feet of the site, including, but not limited to, wetlands, habitat
areas, hillsides, steep slopes, lakes, treed or forested areas, brownfield
sites and streams and stream corridors.
E.
Review. The Planning and Zoning Commission may approve, conditionally
approve or deny a site plan after consideration of the following:
1.
Whether the site is capable of accommodating the structures(s),
parking areas, sidewalks, bicycle and pedestrian paths and drives
with appropriate open spaces in compliance with these regulations;
2.
Whether the site provides for safe and easy ingress, egress,
internal and external traffic circulation;
3.
Whether the site is consistent with the land planning and site
engineering design principles of these regulations;
4.
The plan represents an overall development pattern that is consistent
with the Comprehensive Plan, as amended, and other adopted planning
policies;
5.
The site plan meets all other requirements for a development
approval pursuant to these regulations; and
6.
All impact fees, exactions, environmental mitigation, fees host
and tipping fees, and dedications shall be paid or tendered prior
to filing the site plan with the Zoning Administrator or at such time
as shall be specified in a development agreement between the applicant
and the City entered into on or before the date of final approval
of the site plan.
F.
Approval.
1.
Site plan approval by the Planning and Zoning Commission, Board
of Aldermen or Board of Adjustment shall be evidenced by the Zoning
Administrator on the site plan. Approval shall become effective immediately
upon the filing of the site plan with the City Clerk and the Jackson
County Department of Records.
2.
Unless a longer time shall be specifically established as a
condition of approval, site plan approval shall lapse and become void
twelve (12) months following the date on which such approval became
effective, unless prior to the expiration a valid legal building permit
is issued and construction is commenced and diligently pursued toward
completion.
3.
Site plan approval may be extended upon the applicant's
written request for extension and continuance of the plan as approved
by the Planning and Zoning Commission, Board of Aldermen or Board
of Adjustment prior to expiration. Approval of any such extension
request shall be for a period of twelve (12) months. No further extension
shall be granted and the applicant shall be required to resite plan.
Subsequent to this extension, the site plan shall be considered valid
so long as the plan remains consistent with all applicable City codes
and the Comprehensive Plan, as amended.
4.
Upon violation of any applicable provision of this Chapter or,
if granted subject to conditions, upon failure to comply with conditions,
site plan approval shall be suspended by the Zoning Administrator
upon notification to the owner of a use or property subject to the
site plan, until a public hearing shall be held by the Planning and
Zoning Commission, Board of Aldermen or Board of Adjustment as to
whether such suspension shall be affirmed, conditionally affirmed
or revoked.
5.
A site plan approval filed with the Jackson County Department
of Records pursuant to these provisions shall run with the land and
shall continue to be valid upon a change of ownership of the site
or structure which was the subject of the application.
[Ord. No. 849 § 405.32, 10-16-2007]
A.
Authorized. The Board of Adjustment may authorize an area variance,
practical difficulties, which would constitute an unreasonable deprivation
of use, provided the spirit of these regulations shall be observed,
public safety and welfare secured, and substantial justice done, or
for a use variance from the provisions of these regulations where,
owing to unique conditions, a literal enforcement of the provisions
of these regulations will, in an individual case, result in unnecessary
hardship.
B.
Area Variance Requirements. The applicant must show the following:
1.
The property and all other property in the same ownership was
acquired in good faith;
2.
The variance is not for a self-imposed hardship;
3.
By reason of exceptional narrowness, shallowness or shape of
the specific piece of property at the time of the effective date of
these regulations, or that by reason of exceptional topographic conditions
or other extraordinary or exceptional circumstances, the strict application
of the terms of the zoning regulations actually prohibit the practical
use of applicant's property in the manner similar to that of
other property in the zoning district where it is located.
C.
Use Variance Requirements. A request for a use variance may be approved
or conditionally approved, upon a finding of the Board of Adjustment
that all of the following conditions have been met with respect to
the property for which the variance is requested. The Board of Adjustment
shall make a determination on each condition, and the finding shall
be entered in the record:
1.
The need for variance arises from a condition which is unique
to the property for which the variance is requested and which is not
ordinarily found in the same zone or district; and is not created
by any action or actions of the property owner or applicant;
2.
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents;
3.
The strict application of the provisions of the zoning regulations
will constitute unnecessary hardship;
4.
The variance will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare;
5.
The granting of the variance will not be opposed to the general
spirit and intent of these regulations or the goals, objectives and
policies of the Comprehensive Plan;
6.
The variance requested is a minimum variance that will make
possible a reasonable use of the land or structure; and
7.
The site plan submitted with the variance application has been
approved or conditionally approved subject to the approval of the
variance.
D.
Variance And Site Plan. The application for a variance and a site
plan may be submitted concurrently. The variance may be approved or
conditionally approved by the Planning and Zoning Commission subject
to approval of the site plan.
E.
Conditions. In granting a variance, the Board of Adjustment may impose
such conditions, safeguards and restrictions 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 these regulations.
F.
Procedure.
1.
The applicant for variance shall complete and file the appropriate
application form(s) with the Zoning Administrator.
2.
The Zoning Administrator shall determine if the application
is complete. Complete applications shall be scheduled for review at
the next regularly scheduled meeting of the Board of Adjustment.
3.
Notice. Notice of the variance application shall be published
and mailed. Notice shall be provided and notice posted pursuant to
the requirements of these regulations.
G.
Appeals. Any person aggrieved by any decision of the Board of Adjustment
may file in the Circuit Court of Jackson County, Missouri, a petition
in the manner and form and within the limitations period provided
by State Statute.
H.
Administrative Variances. The Zoning Administrator, upon receipt
of an application and after making required findings, may grant design
exceptions upon a determination that the strict application of landscaping
and other design standards cannot be accomplished on the site. Granting
an administrative variance may require such reasonable conditions
and safeguards (in addition to those expressed in these regulations)
as the Zoning Administrator determines is necessary to implement the
purpose of these regulations. These provisions shall not apply to
redevelopment of sites involving the removal of existing buildings.
1.
Required Findings.
a.
The applicant has provided sufficient information to evaluate
the necessity of the exception and the impacts of the proposed design
alternative;
b.
Strict compliance with design and landscaping standards is not
physically feasible, due to existing structures on the site, required
parking and required setbacks;
c.
The proposed exceptions are the minimum required to allow the
proposed redevelopment, remodeling or expansion of the site; and
d.
The proposed design alternative and exceptions result in greater
compliance with the landscape provisions, a more attractive site and
greater compatibility with adjacent development than current development.
2.
Limitations.
a.
Total site landscaping has not been reduced more than twenty
percent (20%) below the requirement for development on the site;
b.
Total number of parking spaces has not been reduced by more
than ten percent (10%) of the required spaces; and
c.
Parking angles, parking space width and traffic flow are sufficient
to provide for the safe reduction of parking aisle widths.
[Ord. No. 849 § 405.33, 10-16-2007]
A.
Vacation Generally. When deemed to be in the public interest, and
where no private rights will be injured or endangered and the public
will suffer no loss or inconvenience thereby, all or a portion of
any street, alley or public reservation, including, but not limited
to, public utility or drainage easements, dedicated building setback
lines and access control, may be vacated. Applications for vacation
of any street, alley or a public reservation may be made by the City
or by any owner of property on which the street, alley or public reservation
lies or adjoins, such applications shall only be considered in conjunction
with a site plan or subdivision approval.
B.
Vacation By Platting Or Replatting. Any street, alley or public reservation,
or portion thereof, but not including certain public roads, as governed
by Section 228.010 et seq., RSMo., may be vacated by a site plan or
subdivision in accordance with the provisions of these regulations.
Provided that whenever a street, alley or public reservation has been
vacated by platting or replatting, the following language, or language
substantially similar to the following language, shall appear on the
face of the plat:
The undersigned proprietor of said property shown on this plat
does hereby dedicate for public use and public ways and thoroughfares,
all parcels and parts of land indicated on said plat as streets, terraces,
places, roads, drives, lanes, avenues and alleys not heretofore dedicated.
Where prior fee, leasehold or easement rights have been granted to
any person, utility or corporation on said parts of the land so dedicated,
and any pipes, lines, poles and wires, conduits, ducts or cables heretofore
installed thereupon and therein are required to be relocated in accordance
with proposed improvements as now set forth, the undersigned proprietor
hereby absolves and agrees to indemnify Lake Lotawana from any expense
incident to the relocation of any such existing utility installations
within said prior fee, lease or easement interest.
C.
Vacation By Ordinance. Any street, alley or public reservation, or
portion thereof, may be vacated by ordinance of the Board of Aldermen
following public notice and hearing as provided in this Chapter. Any
application for vacation of any street, alley or public reservation
shall be filed in the office of the Zoning Administrator. Following
the adoption of any ordinance vacating any street, alley or public
reservation, or portion thereof, the City Clerk shall file a copy
thereof, certified by the Clerk as a true and correct copy, in the
office of the Clerk and with the County Department of Records.
D.
Reservations. In vacating any street, alley or public reservation,
or portion thereof, either by plat or by ordinance, the Board of Aldermen
may reserve for the City and public utilities such rights-of-way,
fee simple ownership, leases, covenants running with the land, and
other easements as in the judgment of the Board of Aldermen are necessary
or desirable for public purpose.
E.
Reversion Of Land Vacated. Streets, alleys or other public reservations
which have been vacated shall revert to the titled owners of adjoining
properties as provided by State law.
[Ord. No. 849 § 405.34, 10-16-2007]
A.
Purpose. The purpose of this Section is to provide for the administration
and enforcement of these regulations and the various technical codes
adopted by the City.
B.
Applicability. This Chapter applies to all properties located within
the City except as specifically exempted herein. No development approval,
building permit or certificate of occupancy is required for minor
repairs and maintenance. Unless specifically exempted, it shall be
unlawful for any person, firm, partnership or corporation to:
1.
Commence any land use, grade any land, engage in substantial
land alteration, erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, use or occupy any structure, including
docking structures, or land without first obtaining a valid development
approval, including, but not limited to, any building permit or certificate
of occupancy;
2.
Install any plumbing or gas fitting pipes, fixtures or equipment
within or on any building, structure or premises, or make any alteration,
changes, or otherwise perform the plumbing or gas fitting work without
first obtaining a valid building permit;
3.
Install any electrical wiring, fixtures, or equipment within
or on any building, structure, or premises, or otherwise make any
alteration, addition, or changes to electrical wiring, fixtures, or
equipment, without first obtaining a valid building permit;
4.
Install any heating, ventilating, cooling, refrigeration equipment,
or duct work, or make any alteration, addition, or changes to heating,
ventilating, cooling, refrigeration equipment, or duct work, without
first obtaining a valid building permit;
5.
Locate, construct, alter, place, replace, pave or surface a
driveway approach without first obtaining a valid driveway permit;
6.
Install or repair any on-site sewage disposal systems or part
thereof without first obtaining the approval of the County Department
of Public Works, Environmental Health Division; and
7.
Construct or structurally alter any street, road, sidewalk,
curb, gutter, public utility or public facility or cut, grade, clear
or fill any property without first obtaining a valid grading and construction
permit.
C.
Application And Processing. The applicant may apply for the required
development approval by completing and filing the appropriate permit
application form with the Zoning Administrator. The application form
shall be accompanied by all necessary information as listed therein.
D.
Development Approval And Permit Issuance.
1.
The application, plans, specifications and other data filed
by the applicant for any development approval or administrative permitting
shall be reviewed by the Zoning Administrator. The plans shall be
distributed to and reviewed by other City departments and other applicable
Federal, or other State, regional, County, City agencies as necessary
to ensure compliance with other applicable ordinance requirements
of law. If the Zoning Administrator determines that the work described
in an application and the required plans, specifications, and other
data comply with these regulations and other applicable rules, Statutes
and ordinances, and that all fees have been paid, the Zoning Administrator
shall issue a certificate of completeness to the applicant. The Zoning
Administrator shall then forward the application to the Board of Aldermen,
Planning and Zoning Commission or Board of Adjustment, or retain the
application if it is for a building permit, certificate of occupancy
or other approval, as appropriate, for which no discretionary review
is required.
2.
When the Zoning Administrator issues a permit where plans or
a site plan are required, the approved plans and specifications shall
be endorsed or stamped "APPROVED." The approved site plan, plans and
specifications shall not be changed, modified, or altered without
authorization from the Zoning Administrator. All work shall be done
in accordance with the approved site plan and plans.
3.
All permitted work being accomplished on City right-of-way or
easements shall be covered by a payment and performance bond in the
amount set by the Board of Aldermen for discretionary development
approvals and shall be covered by insurance in the categories and
amounts set by the respective approving authority.
E.
Administrative Permits. The Zoning Administrator shall review and
approve or disapprove the following types of administrative permits:
1.
Building: construction, reconstruction, expansion, remodeling
or other modifications to a structure;
2.
Demolition: demolition of a structure;
3.
Construction: construction and extension of public facilities
or utilities, paving, clearing and grading, provided same are in accordance
with the site plan or subdivision approval;
4.
Septic: construction, reconstruction, expansion or repair of
an on-site wastewater system, upon proof of approval by the Jackson
County Department of Public Works Environment Health Division;
5.
Driveway: construction, reconstruction or expansion of a driveway
in a public right-of-way; and
6.
Grading: change in the ground or grade level of any land.
F.
Validity Of Development Approvals. The issuance of a development
approval and the approval of plans and specifications is not an approval
of any violation of any provision of these regulations or any other
City ordinance. Issuance of a development approval based on plans,
specifications, and other data shall not prevent the City from thereafter
requiring the correction of errors in the plans, specifications, and
other data, or from preventing land use or structural operations being
carried on thereunder when in violation of these regulations or other
applicable City ordinances. No development approval presuming to give
authority to violate or cancel any requirement or provisions of these
regulations is valid, nor does any development approval issuance create
equitable estoppel or vested rights unless such development approval
was lawfully issued in good faith and has been followed with substantial
land alteration and construction of a structure. No letter, promise,
or representation, oral or written, or document of any City Official,
elected or administrative, shall create any basis for reliance or
equitable estoppel unless such letter, promise, document or representation
is expressly contained within the terms of the development approval
for the property.
G.
Expiration And Extension Of Administrative Permit.
1.
An administrative permit expires if work authorized by the permit
is not commenced within six (6) months of issuance of the permit.
Extensions of up to six (6) months may be granted by the Zoning Administrator
for good cause. Extensions must be requested before the permit expires.
2.
An administrative permit expires if work authorized by the permit,
once begun, is suspended or abandoned for more than six (6) months.
A single extension of up to six (6) months may be granted by the Zoning
Administrator for good cause. The extension must be requested before
the permit expires.
3.
After an administrative permit has expired, no work shall be
recommenced until a new permit has been issued by the Zoning Administrator.
[Ord. No. 849 § 405.35, 10-16-2007]
A.
Issued Only If Public Street Access. No administrative permit or
other development approval shall be issued for and no land use shall
be commenced, or any structure constructed or erected on any lot within
the City, unless there is a public street giving access to the lot
upon which the land use or structure is proposed to be placed, which
public street conforms to roadway design guidelines pursuant to these
regulations. Private streets may provide access to the lot only if
the private street was approved and properly conditioned for ongoing
maintenance, repair and replacement as part of a development.
B.
Improvements To Precede Building Permits. No land use or erection
of any structure shall be commenced until all of the required or conditioned
improvements have been constructed, pursuant to the development approval,
and have been inspected and approved by the Zoning Administrator.
A performance and payment agreement, letter of credit or bond, if
specifically authorized by the Board of Aldermen in conjunction with
the development approval, may be substituted for the requirement that
improvements be completed prior to commencement of a land use or construction
of a structure.
[Ord. No. 849 § 405.36, 10-16-2007]
A.
No certificate of occupancy shall be issued unless the building or
structure substantially conforms to construction, repair and maintenance
standards of the City's technical codes and these regulations
as of the date of issuance. The application for a certificate of occupancy
shall contain information concerning the owner or tenant, address
of the building, a description of the portions of the building and
the use intended, Building Code verifications for the group and classification
of the building or structure, and approval of the Building Inspector.
A certificate of occupancy is required when:
1.
A new building or structure is constructed and occupied;
2.
An existing building, structure or leasehold interest for occupancy
is remodeled, enlarged, or altered where a building permit is required;
3.
Any new use is established or any existing use is changed; and/or
4.
There is a change in use which would place the building, structure
or leasehold interest in a different characteristic classification
for activity, function structure or site, as referenced in the Land
Based Classification Standards (LBCS).
B.
No certificate of occupancy shall be issued until the building or
structure is inspected by the Building Inspector and it is found that
the building or structure complies with the City's technical
codes and these regulations. Where such compliance is not found, the
existing owner shall repair such building or structure to meet the
technical codes, the conditions of any development approval or development
agreement and the requirements of these regulations as certified by
the Building Inspector prior to issuance of the certificate of occupancy
by the Zoning Administrator.
C.
All non-residential uses of land, buildings or structures and all
leased residential structures shall be required to post a surety bond
or letter of credit, sufficient to meet the cost of repairs to meet
the then existing fire and building codes, including yard cleanup
and replacement of required landscaping and fences, as required by
the site plan pursuant to these regulations.
[Ord. No. 849 § 405.37, 10-16-2007]
A.
Purpose. An applicant, aggrieved citizen or City representative who
believes that the City has committed an error in any order, requirement,
decision or refusal made by an administrative official or agency may
appeal that action within thirty (30) days of the decision or action.
C.
Determination Of Completeness. Within thirty (30) working days of
submission, the Zoning Administrator shall review the appeal application
and determine if the application is complete.
D.
Staff Action On Application.
1.
Upon a determination of completeness, the Zoning Administrator
shall review the application and prepare a report summarizing the
action being appealed. The Zoning Administrator may provide a response
to the appeal for Board of Adjustment review.
2.
The Zoning Administrator shall provide published notice of the
public hearing to consider the application pursuant to these regulations.
3.
The Zoning Administrator shall forward copies of the application
to the Board of Adjustment.
E.
Board Action On Application.
1.
The Board of Adjustment, upon receipt of the Zoning Administrator's
report, shall consider the appeal of the administrative determination.
2.
If the determination is reasonable in light of the requirements
of these regulations and Missouri law, it shall be upheld.
3.
A majority vote of four (4) appointed members of the Board of
Adjustment shall be required to reverse an administrative determination
or to decide in favor of the appellant.
