[Ord. No. 24-048, 7-1-2024]
A.
Administrative Approval Of A Minor Subdivision. The Planning and
Zoning Commission shall appoint an officer and/or officers from the
Department of Planning and Development to serve as their representative.
The representative shall have the authority to approve a minor subdivision
under the following circumstances upon the review and approval of
the Commission Chairman or his/her designated representative.
1.
Minor subdivisions shall be limited so that no more than three
(3) tracts or parcels of land are created from the original tract
of land (parent parcel), may be approved within a ten (10) year period
other than a lot line adjustment. Once ten (10) years has passed from
the recording date, those established new lots become parent parcels
and may be considered for a minor subdivision;
2.
A minor subdivision is proposed in a locality where conditions
are well defined and public infrastructure exist on the property or
can be extended to serve the property;
3.
The proposed subdivision is compatible with the surrounding
land uses and zoning classifications; and
B.
Administrative Denial. If the Commission's representative and/or
Chairman finds that any of the above listed circumstances cannot be
met, these representatives shall deny the request for minor subdivision
approval and cause said application to be submitted for consideration
at a regularly scheduled meeting of the Commission.
[Ord. No. 24-048, 7-1-2024]
A.
Lot Splits. The Planning and Zoning Commission shall appoint an officer
and/or officers from the Department of Planning and Development to
serve as their representative. The representative shall have the authority
to approve lot splits under the following circumstances upon the review
and approval of the Commission Chairman or his/her designated representative:
1.
The proposed lot split is part of a previously final platted
and recorded subdivision, does not create more than three (3) lots
of record and each recorded lot is less than ten (10) acres;
2.
The proposed subdivision is in compliance with all other provisions
of this Title and any other ordinances and regulations of the City
of Ozark and no substandard tract, parcel or lot will be created;
3.
The proposed lot split subdivision will not create any non-conforming
lots within the zoning district that it is proposed;
4.
The proposed lot split will not result in substantial increases
in service requirements, e.g., utilities, traffic control, parks,
schools, streets, etc., nor interfere with the maintenance of existing
service levels, e.g., additional curb cuts, repaving, etc.;
5.
The lot split is consistent with the surrounding area. In determining
consistency, the size and dimension of lots previously developed,
the layout and design of existing subdivisions and the degree of deviation
from previous development shall be considered; and
6.
A tract, parcel or lot of record may only be split once using
the administrative approval process. If an applicant wishes to further
subdivide a previous administratively approved subdivision, the Commission's
representative shall deny the application.
B.
Administrative Denial Of Lot Split. If the Commission's representative
and/or Chairman finds that any of the above listed circumstances cannot
be met, these representatives shall deny the request for lot split
and cause said application to be submitted for consideration at a
regularly scheduled meeting of the Commission.
[Ord. No. 24-048, 7-1-2024]
A.
Administrative Lot Combinations. The Planning and Zoning Commission
shall appoint an officer and/or officers from the Planning and Development
Department to serve as their representative. The representative shall
have the authority to approve lot combinations in which the configuration
of the property is created by the assembly or combination of existing
lots of record under the following circumstances upon review and approval
of the Commission Chairman or his/her designated representative:
1.
The proposed lot combination is in compliance with all other
provisions of this Article and regulations of the City of Ozark and
no substandard lot will be created; and
2.
The proposed lot combination involves property within a residential
zoning district; or
3.
The proposed lot combination involves property within zoning
districts other than residential and the following conditions have
been satisfied:
a.
Upon a finding by the representative that the proposed lot combination
does not substantially increase the density of development or does
not substantially increase demands on public infrastructure serving
existing lots; or
b.
The lot combination creates a new parcel that is consistent
with the surrounding area. In determining consistency, the size and
dimension of lots previously developed, the layout and design of existing
subdivisions and/or development and the degree of deviation from previous
development shall be considered.
B.
Administrative Denial Of Lot Combination. If the Commission's
representative and/or Chairman finds that any of the above listed
circumstances cannot be met, these representatives shall deny the
request for lot combination and cause said application to be submitted
for consideration at a regularly scheduled meeting of the Commission.
[Ord. No. 24-048, 7-1-2024]
A.
Administrative Property Line Adjustment. The Planning and Zoning
Commission shall appoint an officer and/or officers from the Department
of Planning and Development to serve as their representative. The
representative shall have the authority to approve a property line
adjustment under the following circumstances upon the review and approval
of the Commission Chairman or his/her designated representative.
1.
The proposed property line adjustment is in compliance with
all other provisions of this Article, and regulations of the City
of Ozark and no substandard lot will be created;
2.
The property line adjustment is necessary to settle a property
line dispute as determined by the appointed representative(s);
3.
The property line adjustment is necessary to correct an encroachment
of a structure on a property line as determined by the appointed representative(s);
4.
The property line adjustment is necessary to meet the minimum
requirements of this Article, the zoning ordinance or other applicable
ordinances or regulations; or
5.
The property line adjustment is requested by both property owners
to adjust their common property line provided the adjustment causes
no encroachment of either driveway or other structure.
B.
Administrative Denial Of Lot Line Adjustment. If the Commission's
representative and/or Chairman finds that any of the above listed
circumstances cannot be met, these representatives shall deny the
request for property line adjustment and cause said application to
be submitted for consideration at a regularly scheduled meeting of
the Commission.
[Ord. No. 24-048, 7-1-2024]
No yard or lot existing at the time of passage of this Chapter
shall be reduced in size or area below the minimum requirements set
forth herein, except for street widening. Yards or lots created after
the effective date of this Chapter shall meet at least the minimum
requirements established by this Chapter.
[Ord. No. 24-048, 7-1-2024]
A.
The Planning and Zoning Commission shall appoint an officer and/or
officers from the Department of Planning and Development to serve
as their representative. The representative shall have the authority
to approve a property description as a tract, parcel or lot of record
under the following circumstances upon the review and approval of
the Commission Chairman or his/her designated representative:
[Ord. No. 24-048, 7-1-2024]
A.
Applicability. Site plans prepared and approved in accordance with the provisions of this Article are required to assist City administrative officials in ensuring compliance with all applicable requirements of this Article and to assist in the review of building permits. Whenever a site plan is required by Article VI of this Chapter, a building permit shall not be issued until the site plan is approved. If the site plan is submitted and included as part of the building permit package, a separate site application and submittal shall not be required.
B.
Developments Requiring A Site Plan.
1.
All development requests within the City of Ozark that propose a change to the current use of land and/or the enlargement of an existing structure or use shall comply with all requirements of this Chapter and all other development requirements with the City's most recently adopted codes and ordinances. (See Title V, Article X, Section 500.183 and City of Ozark Design Standards for Public Improvements.)
2.
All developments within the City of Ozark that are not exempted by Subsection (C) and which are listed as permitted and conditional uses in zoning districts as specified in Article II of Chapter 405, "Use Regulations by Zoning District" and Article III of Chapter 405, "Supplemental Use Regulations" are required to submit site plans.
3.
All developments proposed on property with an area of one (1)
acre or larger are required to submit site plans.
C.
Exemptions. The following uses and activities shall be exempt from
the requirements of this Section:
D.
Site Plan Review Process.
1.
For developments on property, the applicant shall submit an application and all required information to the Planning and Development Department for review. City staff and any applicable third-party reviewers shall review the site plan and submit a letter to the applicant indicating approval or denial, noting required modifications necessary for approval, within thirty (30) business days of application submittal. All administrative officials within departments potentially affected by the proposed project shall review the site plan to determine compliance with the applicable regulations of this Article and the standards established in Subsection (F). Upon completion of review, the City staff and third-party reviewers shall either approve the site plan or determine that the uniqueness of the project warrants further review and may cause the site plan to be considered by the Planning and Zoning Commission at the next scheduled Commission meeting.
2.
If City staff and third-party reviewers decline to approve the
site plan or if they approved the site plan subject to certain modifications
that are not acceptable to the applicant, the applicant may request
review and determination by the Planning and Zoning Commission. The
applicant shall submit a written request for review by the Planning
and Zoning Commission within fifteen (15) business days of the decision
by the City staff and third-party reviewers. The Planning and Zoning
Commission shall have forty-five (45) business days from the date
of the applicant's request to make a determination. The actions
of the Planning and Zoning Commission shall be final.
E.
Effect Of Site Plan Approval. Approval of the site plan or of the
site plan with modifications acceptable to the applicant shall authorize
the continued processing of applications for any further permits which
may be required by this Code or any other ordinances of the City,
including, but not limited to, approvals of a building permit, a certificate
of occupancy or a special use permit. A site plan approval shall be
valid for a period no longer than one (1) year from the date of approval
unless a building permit is issued and construction has begun within
the one (1) year period. If no such permits are issued and/or construction
has not begun within said one (1) year period, the approval of the
site plan will automatically expire and any authorization granted
by this Section shall terminate.
F.
Site Plan Review Standards. Site plans shall be reviewed and approved
based on the following applicable criteria:
1.
The site plan application indicates no violations of any applicable
provisions of this Code; and
2.
All the requested corrections and/or revisions to the site plan
have been completed; and
3.
The site plan will not result in unauthorized encroachment on
an easement, roadway, utility, public or private right-of-way; and
4.
In the case of a site plan submitted in conjunction with an
approved development plan, special use permit or planned unit development,
the site plan meets all specified standards found within this Code
as well as any additional standards required by the Planning and Zoning
Commission; and
5.
The proposed site plan does not and/or will not create specific
drainage or erosion problems; and
6.
The screening and buffer area landscaping plan for the site,
if any, adequately shields the proposed use from adjacent uses that
may not be compatible with the proposed use; and
7.
The circulation elements of the site plan, including road and
pedestrian circulation elements, does not and/or will not create hazards
to safety on or off the site, uncoordinated pedestrian or vehicular
circulation paths on or off the site or result in undue interference
or inconvenience to vehicular or pedestrian travel; and
8.
The proposed ingress and egress access points do not and/or
will not create transportation conditions that negatively affect the
general health, safety and welfare of the public.
9.
In the case that a site plan is submitted that will have outdoor
display(s) of merchandise for sale in the front yard area, the site
plan shall reflect the designated area(s) for such display and will
be marked as such on the site plan and does not and/or will not in
any way take away from any other requirements for the site.
[Ord. No. 24-048, 7-1-2024]
The Planning and Zoning Commission authorizes the Community
Development Director to serve as their representative and as such,
shall have the authority to approve a site plan submitted for review
under the requirements of the City Code.
[Ord. No. 24-048, 7-1-2024]
A.
The Department of Planning and Development shall review all subdivision
proposals and all other proposed new developments to ensure that:
1.
All such proposals are consistent with the need to minimize
flood damage; and
2.
All public utilities and facilities, such as sewer, gas, electrical,
communications and water systems, are located, elevated and constructed
to minimize or eliminate flood damage; and
3.
Adequate drainage is provided so as to reduce exposure to flood
hazards; and
4.
New or replacement water supply systems and/or sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into
floodwaters. On-site waste disposal systems shall be so located as
to avoid impairment or contamination during flooding.
[Ord. No. 24-048, 7-1-2024]
A.
Modifications Of Previously Platted Property. Any modification of a previously platted property that is administratively approved under the provisions of this Article shall be considered a "replat" of the originally recorded final plat. If approved, the applicant shall record the final plat with the Christian County Recorder of Deeds after the approval certificates are signed by the Planning and Zoning Commission Chairman, Administrative Representative, County Collector, Mayor of Ozark, as attested to under the hand and Seal of the City Clerk. The approval certificates on one (1) mylar and one (1) paper copy of the final plat shall be so signed and sealed by the Christian County Recorder of Deeds. One (1) electronic copy of the recorded deed shall be returned to the City of Ozark Planning and Development Department. All replat documents must be completed and sealed by a licensed surveyor registered in the State of Missouri and shall contain information as required by Section 410.270.
B.
Application Procedures. Application for administrative approval of
a minor subdivision, lot split, lot combination, property line adjustment
or tract certification shall be filed with the Department of Planning
and Development. The Department of Planning and Development may require
submission of any and all information, material and documents necessary
to determine compliance with this Article.
C.
Supplemental Information Required. The department is authorized,
at its discretion, to require the preparation and submission of a
survey or the attachment of restrictions and conditions to the property
description.
D.
Administrative Review. The Planning and Zoning Commission's
Chairman and appointed Department of Planning and Development representative
shall review the application and may submit it for review and comment
to other agencies and departments as deemed necessary. The Department
of Planning and Development shall, in writing, either approve or disapprove
the application within thirty (30) days of its submission.
E.
Administrative Approval Of Application. If approved, the appointed
representative as set forth in the following Section shall be provided
one (1) mylar and one (1) paper twenty-four (24) inch by thirty-six
(36) inch black or blue line print and sign the applicant's survey,
replat, lot split, lot combination, property line adjustment or tract
certification documents, which shall be filed with the Christian County
Recorder of Deeds.
F.
Administrative Denial Of Application. In the event the appointed
representative and/or Planning and Zoning Chairman as set forth in
the following Section does not approve the application, the representative
shall, in writing, inform the applicant. If denied, the applicant
may then prepare the appropriate documents for submittal to the Planning
and Zoning Commission and/or Board of Aldermen for review and action
as set forth in this Title.
G.
Required Information For Administrative Review. Application for administrative
approval of lot splits, lot combinations, replats, tract certifications
or property line adjustments shall be accompanied an electronic copy
of the recorded boundary survey performed by a Missouri registered
land surveyor, including, but not limited to, the information listed
on the checklist provided by the Planning and Development Department.
H.
Application for administrative approval of a minor subdivision or
site plan within a platted subdivision shall be accompanied by an
electronic copy of a surveyed preliminary plat performed by a Missouri
registered land surveyor and engineer, consisting of, but not limited
to, the following:
1.
The precise nature, location and dimensions of existing and
proposed tracts, parcels or lots;
2.
The exact location and distances of all existing structures
and other physical improvements in relation to proposed lot lines.
If the location of proposed structures or other physical improvements
are known, their relationship to proposed lot lines shall be indicated;
3.
The legal description of all existing and proposed lots, parcels
or tracts;
4.
The amount of square footage contained in each existing and
proposed lot, parcel or tract;
5.
All existing easements, streets, sewers, sewer laterals, utility
lines, alleys and access restrictions. If granted by a separate instrument,
the recording information shall be provided;
6.
All platted building setbacks;
7.
All platted easements, streets, alleys or other public rights-of-way
that are proposed for vacation;
8.
Names of all abutting streets including location of right-of-way
centerline; and
9.
Zoning district of subject properties and adjacent properties.
