City of Lake Lotawana, MO Chapter 405 Development Approval Process

Section 405.010 Application Process And Official Filing Date.

[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.

Section 405.020 Notice Provisions.

[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.

Section 405.030 Public Hearing Procedures.

[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.

Section 405.040 Post-Decision Proceedings.

[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.

Section 405.050 Expiration Of Development Approval.

[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.

Section 405.060 Revocation Of Development Approval.

[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.

Section 405.070 Review And Decision By Planning And Zoning Commission.

[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.

Section 405.080 Review And Decision By Board Of Aldermen.

[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.

Section 405.090 Conditions Of Approval.

[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.

Section 405.100 Performance And Payment Agreements.

[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.

Section 405.110 Guarantee Of Performance And Payment.

[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:

1. Performance bond;

2. Trust agreement;

3. Letter of credit; or

4. Cash or cashier's check.

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.

Section 405.120 Subdivisions.

[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.

Section 405.130 Subdivisions, Major.

[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.

Section 405.140 Subdivisions, Minor.

[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.

Section 405.150 Subdivision Approval, Generally.

[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:

1. Pre-application conference and concept plan — submitted to the Zoning Administrator for action (optional);

2. Preliminary plat and final plat shall be submitted together to the Zoning Administrator for action by the Planning and Zoning Commission and the Board of Aldermen.

Section 405.160 Prohibited Subdivisions.

[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.

Section 405.170 Subdivision Exemptions.

[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.

Section 405.180 Certificate Of Determination.

[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:

1. Whether a plat is required under these regulations for the subdivision of land; and

2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the City.

Section 405.190 Citizen Participation.

[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.

Section 405.200 Pre-Application Conference And Concept Plan.

[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.

Section 405.210 Preliminary Subdivision Plats.

[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.

Section 405.220 Construction Plans/Construction Of Improvements.

[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.

Section 405.230 Final Subdivision Plat.

[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.

Section 405.240 Filing And Recordation.

[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.

Section 405.250 Amendment Of Plats.

[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."

Section 405.260 Resubdivision With Or Without Vacating Preceding Plat.

[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.

Section 405.270 Resubdivision Of Antiquated Plats.

[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.

Section 405.280 Zoning Amendments.

[Ord. No. 849 § 405.28, 10-16-2007; Ord. No. 16-18, 12-20-2016; Ord. No. 24-10, 5-21-2024]

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 one hundred and eighty-five (185) 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.

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.

Section 405.290 Comprehensive Plan Amendments.

[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.

Section 405.300 Conditional Use Permits.

[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.

Section 405.310 Site Plan Review.

[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.

Section 405.320 Variances.

[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.

Section 405.330 Vacation Of Streets And Reservations.

[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.

Section 405.340 Administrative Permits.

[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.

Section 405.350 Development Approvals — Building Permits.

[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.

Section 405.360 Certificates Of Occupancy.

[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.

Section 405.370 Appeals From Administrative Interpretations Or Determinations.

[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.

B. Requirements For Application.

1. Copy of resolution or letter to appellant describing determination;

2. Statement of reason for appeal.

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.