[Ord. No. 985, 7-5-2018[1]]
This Chapter shall be known and may be cited as the Unified
Development Ordinance of the City of Lake Tapawingo, Missouri, and
may be abbreviated as "UDO." It may also be referred to herein as
the "Ordinance" or "these regulations."
[Ord. No. 985, 7-5-2018]
This Chapter is adopted pursuant to the authority granted to
the City pursuant to Chapters 89 and 445 of the Revised Statutes of
the State of Missouri, the City's nuisance powers, and the City's
police powers.
[Ord. No. 985, 7-5-2018]
This Chapter shall be effective throughout the corporate limits
of the City. Except where otherwise indicated, the provisions of this
Chapter shall apply to the City.
[Ord. No. 985, 7-5-2018]
The purpose of this Chapter is to regulate and control the development
of land and related matters within the City to promote the public
safety, health, and general welfare of the community.
[Ord. No. 985, 7-5-2018]
The use of buildings and land within the City is subject to
all other applicable provisions of other City ordinances as well as
this Chapter, whether the other provisions are specifically cross
referenced in this Chapter. Cross references to the other provisions
in this Chapter are for the convenience of the reader, and the lack
of a cross reference should not be construed as an indication that
the other provisions do not apply.
[Ord. No. 985, 7-5-2018]
A.
No building or structure shall be erected, constructed, reconstructed,
moved or altered, nor shall any building, structure or land be used
for any purpose except in accordance with the provision of this Chapter
and other relevant City ordinances.
B.
No person may use, occupy, or sell any land or building or authorize
or permit the use, occupancy, or sale of land or buildings except
in accordance with all applicable provisions of this Chapter.
C.
For purposes of this Section, the "use" or "occupancy" of a building
or land relates to anything and everything that is done to, on, or
in that building or land.
[Ord. No. 985, 7-5-2018]
The provisions of this Chapter are hereby adopted and become
effective on the 5th day of July, 2018.
[Ord. No. 985, 7-5-2018]
A.
Previous Regulations. Those regulations in effect immediately prior
to the effective date of this Chapter shall be referred to in this
Chapter as the "previous regulations."
B.
Administrative Permits. All permits issued by an administrative official
or body, or a legislative body acting in an administrative capacity,
prior to the effective date of this Chapter shall be valid until their
expiration under the previous regulations. Applications for administrative
permits submitted after the effective date of these regulations shall
be reviewed and evaluated pursuant to the requirements of this Chapter,
except as otherwise specified herein.
C.
Subdivision. Complete applications for plat(s) submitted prior to
the effective date of these regulations shall be processed under the
previous regulations. Incomplete applications for plats submitted
prior to the effective date of this Chapter, and that are not submitted
in a complete form until after the effective date of this Chapter,
shall be processed under this Chapter. All applications for subdivision
approvals submitted after the effective date of these regulations
shall be reviewed pursuant to these regulations. Preliminary or final
plat applications, approved under the previous regulations, that are
allowed to lapse or expire will be subject to reapplication under
these regulations.
[Ord. No. 985, 7-5-2018]
It is the City's intention that the sections, subsections,
paragraphs, sentences, clauses and phrases of this Chapter are severable,
and if any section, subsection, paragraph, sentence, clause or phrase
is declared unconstitutional or otherwise invalid by any court of
competent jurisdiction in a valid judgment or decree, the unconstitutionality
or invalidity shall not affect any of the remaining sections, subsections,
paragraphs, sentences, clause or phrases of this Chapter since the
same would have been enacted without the incorporation into this Chapter
of the unconstitutional or invalid section, subsection, paragraph,
sentence, clause or phrase. The Board of Aldermen hereby declares
that it would have adopted this Chapter and each, section, subsection,
sentence, clause and phrase hereof irrespective of the fact that any
one (1) or more other, sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
[Ord. No. 985, 7-5-2018]
Reasonable fees sufficient to cover the costs of administration,
inspection, publication of notice and similar matters may be charged
to all applicants for development approval, such as conditional use
permits, subdivision plat, zoning amendments, variances and all other
applications covered by this Chapter. The amount of the administrative
fees charged shall be established by the Board of Aldermen. Fees established
in accordance with this Section shall be paid upon submission of a
signed application or notice of appeal.
[Ord. No. 985, 7-5-2018]
Unless otherwise designated by the Board, the City Clerk shall
serve as the Zoning Administrator. The Zoning Administrator shall
have the responsibility and authority to administer and enforce the
provisions of this Chapter.
[Ord. No. 985, 7-5-2018]
A.
Membership. The Zoning Commission is hereby continued, and shall
be the Planning and Zoning Commission. It is referred to herein as
the Planning and Zoning Commission. It shall consist of five (5) citizens
appointed by the Mayor and approved by the Board of Aldermen.
B.
Terms Of Office. The members shall be appointed for four (4) year
terms which terms shall be staggered.
C.
Vacancies. Vacancies shall be filled by appointment by the Mayor
of the Board of Aldermen with approval by the Board of Aldermen for
the unexpired term of any member whose term becomes vacant.
D.
Removal. Members of the Planning and Zoning Commission may be removed
by the Board of Aldermen with cause, stated in writing and after hearing.
E.
Officers. The Planning and Zoning Commission shall elect a Chairman
for a one-year term with eligibility for re-election. The Planning
and Zoning Commission may also elect for a term of one (1) year, a
Vice-Chairman who shall serve in the absence of the Chairman.
F.
Salary. All members of the Planning and Zoning Commission shall serve
without compensation.
G.
Procedure. Decisions on all issues brought before the Planning and
Zoning Commission shall require a majority vote of the quorum. The
Planning and Zoning Commission may adopt rules of procedure. The Planning
and Zoning Commission shall meet at such times as it may determine,
or at the call of the Chairman.
H.
Power. That the Planning and Zoning Commission shall have the power
to study and prepare or recommend plans, recommendations, and ordinances
for:
1.
Regulation of the height of buildings and structures, set-back
lines or building lines, the intensity of the use of lot areas, the
location of trades and industries and buildings designed for industrial,
business, residential or other uses, and dividing the City into various
use, height and other districts for the purposes of establishing and
enforcing adequate and proper zoning regulations.
2.
The supervision and regulation of platting and development subdivisions.
3.
The boundaries of the various zoning districts and appropriate
regulations to be enforced therein.
4.
Any other matter as provided by law.
[1]
Editor's Note: The Zoning Commission, noted herein, was originally
set out by Ord. No. 983 in January of 2018.
[Ord. No. 985, 7-5-2018]
A.
Membership. The Board of Zoning Adjustment is hereby continued. It
shall consist of five (5) citizen members (i.e., City residents),
who shall be appointed by the Mayor and approved by the Board of Aldermen.
B.
Term Of Office. The terms shall be overlapping five-year terms.
C.
Alternates. Three (3) alternate members with the same qualifications
as members may be appointed by the Mayor with the approval of the
Board of Aldermen, to serve in the absence of, abstention, or the
disqualification of the regular members. Alternate members shall be
appointed for terms of three (3) years each.
D.
Vacancies. Vacancies shall be filled by appointment by the Mayor
with the approval of the Board of Aldermen for the unexpired term
of any member whose term becomes vacant.
E.
Chairman. The Board of Zoning Adjustment shall elect a Chairman from
among its members.
F.
Removal From Office. Members of the Board of Zoning Adjustment may
be removed from office by the Board of Aldermen with cause, stated
in writing and after hearing.
G.
Salary. All members of the Board of Zoning Adjustment shall serve
without compensation.
H.
Powers And Duties.
1.
Appeals. To hear and decide appeals where it is alleged there
is an error in an order, requirement, decision or determination made
by an administrative official in the enforcement of this Chapter.
a.
In exercising the above-mentioned powers, the Board may, in
conformity with the provisions of this Section, reverse or affirm,
wholly or in part, or modify the order, requirement, decision, determination
appealed from and to that end shall have all powers of the officer
from whom the appeal is taken. In no case shall the Board decide an
appeal from any action of the Board of Aldermen. All voting members
shall have attended the hearings preliminary to the vote or have familiarized
themselves with the cases otherwise. In all instances, the spirit
and intent of this Chapter shall be observed, public safety and welfare
secured, and substantial justice be done.
b.
The concurring vote of four (4) members of the Board will be
necessary to reverse the order, requirement, decision or determination
of any administrative official or to decide in favor of the applicant
on any matter upon which it is required to pass under this Chapter.
2.
Variances. To hear and decide variances requesting to vary or
modify the application of any of the regulations, restrictions or
development performance standards or other provisions of this Chapter
relating thereto or to the use of land, in conformance with the standards
specified in this Section, so that the spirit of the Chapter shall
be observed, public safety and welfare maintained, and substantial
justice done. In deciding on a variance, the Board of Zoning Adjustment
shall make a determination on each of the criteria related to the
type of variance being considered and its findings of fact and conclusions
of law shall be entered in the official record. No variance shall
be granted unless the Board finds, based on competent and substantial
evidence upon the whole record, that all the applicable criteria have
been satisfied.
a.
Use Variances. The Board of Zoning Adjustment shall not be empowered
to vary any of the provisions of the UDO relating to the permitted
or conditional use of land, buildings or structures in specific zoning
districts.
b.
Bulk Or Area Variances. To hear and grant variances requesting
to vary or modify the application of any of the regulations, restrictions
or development performance standards relating to the use district
in which the property for which the bulk or area variance is sought,
if the Board, by a vote of three (3) members of the Board, determine
that all of the following criteria are satisfied:
(i)
The requested variance arises from conditions that
are unique to the subject property, that are not ordinarily found
in the same zoning district and that are not a result of the owner's
intentional action; and
(ii)
The granting of the permit for the variance will
not adversely affect the rights of adjacent property owners or residents;
and
(iii)
The strict application of the provisions of the
zoning regulations of that the variance is requested will constitute
a practical difficulty because the property cannot be used for an
otherwise permitted use without coming into conflict with applicable
performance development standards. In determining whether there are
practical difficulties, relevant factors to consider are:
(a)
How substantial the variance is in relation to
the requirements; and
(b)
The effect, if the variance is allowed, of the
increased population density thus produced on available governmental
facilities (fire, water, garbage, etc.); and
(c)
Whether a substantial change will be produced in
the character of the neighborhood or a substantial detriment to adjacent
properties created; and
(d)
Whether the difficulty can be obviated by some
method feasible for the applicant to pursue other than the variance;
and
(e)
Whether, in view of the manner in which the difficulty
arose and considering all of the factors, the interests of justice
will be served by allowing the variance; and
(f)
A variance that financially benefits the applicant
need not be granted if it will lead to the detriment of the surrounding
existing community.
(iv)
The variance desired will not adversely affect
the public health, safety, morals, order, convenience, prosperity
or general welfare.
c.
Authority To Impose Conditions. In granting a variance, the
Board may impose all conditions, safeguards and restrictions upon
the premises benefited by the variance as may be necessary to reduce
or minimize any potentially injurious effect of the variance upon
other property in the neighborhood and to carry out the general purpose
and intent of these regulations.
d.
Recordation. The Board may require the variance to be recorded
with the County Recorder of Deeds to be effective.
e.
Guaranty.
(i)
The Board may require a performance bond to guarantee
the installation of improvements such as parking lot surfaces, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the Building Official and
shall be enforceable by or payable to the City in the sum equal to
the cost of constructing the required improvements.
(ii)
In place of a performance bond, the Board may
set the effective date for the variance as subsequent to completion
of the imposed conditions, safeguards and restrictions. In lieu of
the performance bond or delayed effective date, the Board may specify
a time limit for completion of the required improvements and, in the
event the improvements are not completed within the specified time,
the Board may, at a regularly scheduled meeting and after notice to
applicant, revoke the variance previously authorized.
3.
To hear and decide all matters referred to the Board by this
Chapter or other provisions of the Municipal Code and which it is
authorized to hear and decide pursuant to Chapter 89, RSMo.
I.
Procedure.
1.
The Board of Zoning Adjustment shall hold regular meetings and
special meetings as they provide for by rule. The Chairman, or in
the Chairman's absence the Acting Chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the Board
of Zoning Adjustment shall be open to the public. The Board of Zoning
Adjustment shall keep minutes of its proceedings, which shall show
the vote of each member upon questions or, if absent or failing to
vote, indicating this fact and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk of the City and shall be a public
record. All testimony, objections thereto and rulings thereon shall
be taken down by a reporter employed by the Board of Zoning Adjustment
for that purpose.
2.
The Board of Zoning Adjustment may adopt rules and administrative
regulations governing its procedure, and may meet as needed for the
transaction of business. The affirmative vote of four (4) members
of the Board of Zoning Adjustment shall be required to approve any
request, application or variance. A quorum of three (3) members of
the Board of Zoning Adjustment shall be required for a meeting to
be held. After the Board of Zoning Adjustment has heard an appeal
and made a decision, it may, in its sole discretion, refuse, for a
period of six (6) months thereafter, to hear an appeal based on a
similar application by the same parties for the same property.
J.
Appeal Procedures. Appeals to the Board of Zoning Adjustment may
be taken by any person aggrieved or by an officer, department, board
or bureau of the municipality affected by any decision of the administrative
officer. All appeals shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the officer from whom the
appeal is taken and with the Board of Zoning Adjustment a notice of
appeal specifying the grounds thereof. This application or petition
shall be accompanied by a filing fee payable to the City. The amount
of this filing fee shall be determined in accordance with a schedule
of fees and charges adopted by the Governing Body. No portion of the
filing fee shall be refunded to the applicant. Any expenditure in
excess of the filing fee incurred by the Board of Zoning Adjustment,
which are necessary and incident to the processing of the application,
shall be billed to the applicant or petitioner. The officer from whom
the appeal is taken shall forthwith transmit to the Board all the
papers constituting the record which the action appealed from was
taken. An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the Board of Zoning Adjustment, after the notice of appeal shall
have been filed with the officer, that by reason of facts stated in
the certificate a stay would, in the officer's opinion, cause
immediate peril to life or property. In this case, proceedings shall
not be stayed otherwise than by a restraining order that may be granted
by the Board of Zoning Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. The Board of Zoning Adjustment shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest and decide the same
within a reasonable time. Upon hearing, any party may appear in person
or by agent or by attorney.
K.
Variance Procedures.
1.
To initiate consideration of a variance, the property owner
or the owner's written designee shall file an application for
a variance on a form provided by the City with the City Clerk. This
application shall be accompanied by a filing fee payable to the City.
The amount of this filing fee shall be determined in accordance with
a schedule of fees and charges adopted by the Governing Body. No portion
of the filing fee shall be refunded to the applicant. Any expenditure
in excess of the filing fee incurred by the Board of Zoning Adjustment,
which are necessary and incident to the processing of the application,
shall be billed to the applicant or petitioner. The Board of Zoning
Adjustment shall fix a reasonable time for the hearing of the variance,
give public notice thereof, as well as due notice to the parties in
interest, and decide the same within a reasonable time. Upon hearing,
any party may appear in person or by agent or by attorney.
L.
Appeal from any final action of the Board may be made to the Circuit
Court within thirty (30) days after the filing of the decision in
the office of the City Clerk in accordance with Section 89.110, RSMo.,
as amended.
