425a Application for Rezoning
425b Public Hearing for Zoning District Change
425c Instructions City Protest Petitions
425d Application for Preliminary Plat
425e Preliminary Plat Checklist
425f Application for Final Plat
425g Final Plat Checklist
425h Application for a Lot Split
425i Application for Appeal
425j Board of Adjustment Determination
425k Application for Variance
425l Variance Determination
425m Application for Special Use
425n Reasons for Determination














[Ord. No. 782 §1 (Sub. Regs.
Art. 10), 7-31-1980]
A.
Procedure. The purpose of this guide is to set forth a step-by-step
procedure for the implementation and administration of the City's
development regulations. Included are instructions for adopting and
amending both the Zoning and Subdivision Regulations, as well as sample
forms for each type of request that will be processed by the Zoning
Administrator in day-to-day duties.
State Statute controls the procedures to a great degree and
thus it is important that this Section be reviewed and updated annually
so that it remains in conformance with statutory requirements.
B.
Administration.
1.
Definitions.
a.
For
the purpose of the Zoning and Subdivision Regulations, the term "Commission" shall mean the Planning and Zoning Commission.
b.
For
the purpose of the Zoning and Subdivision Regulations, the term "City" shall mean the City of Bolivar, Missouri.
c.
For
the purpose of the Zoning and Subdivision Regulations, the term "Governing Body" shall mean the Board of Aldermen for the
City of Bolivar, Missouri.
2.
Purpose of zoning regulations.
a.
The
purpose of Zoning and Subdivision Regulations is not to unreasonably
or arbitrarily limit or prohibit development, but to guide development
in an orderly and coordinated manner so as to enhance the livability
of the City and protect property values, all in the best interests
of the public welfare and safety. These regulations do not unreasonably
or arbitrarily restrict the development or use of property within
the City, but they are intended to prevent development and use of
property in a manner that would adversely affect adjacent property
or that would be a detriment to the public welfare or safety.
b.
The
degree or effectiveness of the zoning and subdivision regulations
is defined upon the caliber of administration. The best regulations
are ineffective in themselves and can only perform their function
through proper application. In order for the regulations to be effective,
they must be equitable and, in order to be equitable, they must be
interpreted and administered in a fair and consistent manner.
c.
In
setting forth these regulations, the Commission and the Governing
Body have taken into consideration that one (1) extremely important
function that the Planning and Zoning Department should perform is
the preparation of reports on proposed zoning amendments, applications
for zoning changes, variances, special uses, preliminary plats and
other similar requests. Providing for a process that helps the Planning
and Zoning Department in presenting those facts necessary for determination
in a concise manner (which is a large part of what these regulations
are intended to do) will place the Commission and Governing Body in
a better position to arrive at a determination when planning and zoning
matters are placed before them.
C.
Zoning Adoption Procedure.
1.
The
Commission shall make or cause to be made surveys and studies of the
existing conditions and probable future growth of the City and shall
adopt a development and land use plan by resolution as a part of the
City's Comprehensive Plan. This plan shall be prepared and adopted
pursuant to the authority and restrictions of Sections 89.340 through
89.360, RSMo. (as now stated or as hereinafter amended), including
the satisfaction of any public hearing requirements necessitated in
compliance with said Statutes.
2.
Sections
89.020 to 89.060, RSMo., authorize the Governing Body to adopt zoning
regulations by ordinance and to define the area to be governed by
these regulations. The steps, which must be followed for adoption,
are as follows:
a.
The
Commission shall study and review the proposed regulations and zoning
districts and, upon completion of its review, shall make tentative
recommendations based on the land use plan or the land use studies
or surveys outlined above.
b.
The
Commission shall hold a public hearing on the tentative recommendations.
The Planning and Zoning Department shall be responsible for having
a notice of public hearing published in a newspaper of general circulation
in the City at least fifteen (15) days before the hearing. The notice
shall fix the time and place for the hearing and shall describe in
general terms the regulations and zoning district proposed.
c.
The
public hearing may be adjourned from time to time and at the conclusion
of the hearing, the Commission shall prepare its recommendations and,
by an affirmative vote of the majority of all the members of the Commission,
adopt them in the form of a proposed zoning regulation. The proposed
regulation, together with an accurate written summary of the public
hearing, shall be sent to the Governing Body of the City.
d.
The
Governing Body may either approve the recommendations or approve with
amendments by adoption of the zoning regulation or deny the recommendations.
|
The zoning regulation shall define the boundaries of the zoning
districts by description or by indicating the boundaries on a map
incorporated and published as a part of the regulation or by providing
for the incorporation by reference of an official map, which shall
show the district boundaries. Such map shall be marked "Official Copy
Incorporated by Ordinance No._________". The official Zoning Map shall
be filed in the office of the City Clerk and shall be open to inspection
by the public at all reasonable business hours.
|
D.
Zoning Text Amendment Procedure. Proposals for an amendment
of the text of a zoning regulation are customarily initiated by either
the Commission or the Governing Body. However, a private citizen may
also begin the amendment process by submitting the proposed change
to the Commission. The procedure for either approval or denial of
such proposals for amendment are outlined below.
1.
If the
change is initiated by a private citizen, the Commission shall permit
the individual to present the proposed amendment and the reasons for
it at a regular meeting of the Commission. Based on the information
presented at such meeting, the Commission shall determine whether
the proposal is worthy of consideration as an amendment. If it is
determined that the proposal has merit, the Commission shall set a
date for a public hearing. The Planning and Zoning Department shall
be responsible for having an official notice of public hearing published
in a newspaper of general circulation at least fifteen (15) days prior
to the hearing. This notice shall fix the time and place of the hearing
and describe in general terms the proposed change. At the public hearing,
citizens and parties of interest shall have an opportunity to be heard.
2.
If either
the Commission or the Governing Body initiates the text amendment,
a public hearing shall be scheduled by the Commission. The Planning
and Zoning Department shall be responsible for having an official
notice of public hearing published in a newspaper of general circulation
at least fifteen (15) days prior to the hearing. This notice shall
fix the time and place of the hearing and describe in general terms
the proposed change. At the public hearing, citizens and parties of
interest shall have an opportunity to be heard.
3.
The
public hearing may be adjourned from time to time and upon its conclusion,
the Commission shall prepare and adopt its recommendation to the Governing
Body. This recommendation shall be submitted along with an accurate
record of the public hearing. For action on zoning amendments, a quorum
of the Commission must be present. A quorum is more than one-half
(½) the total membership of the Commission. A vote either for
or against an amendment by a majority of the quorum constitutes a
recommendation of the Commission. When neither a vote for nor a vote
against the amendment has a majority of the quorum, it constitutes
a "failure to recommend". Consequently, another recommendation must
be made.
Protest petitions will be available in the planning and zoning
office and must be filed within three (3) working days after the conclusion
of the public hearing by the Commission. The petitions must be signed
by all owners, including a spouse in jointly owned property, notarized
and submitted within the three (3) day period in order to be valid.
A sample form is included as part of this manual. In computing the
protest area, it should be pointed out that the requirement is a protest
by the owners of thirty percent (30%) or more of the land area to
be affected by the proposed change and not thirty percent (30%) of
the total number of owners; and that area devoted to public streets
and rights-of-way is excluded from the computations. Protests or proposed
zoning changes are allowed pursuant to Section 89.060, RSMo.
4.
The
Governing Body shall consider the proposed amendment, although not
until the three (3) day protest period has expired, and may approve
the recommendation of the Commission or take whatever action it deems
necessary. If an adequate number of protest petitions have been filed,
the change can be approved only by at least a two-thirds (2/3) vote
of all the members of the Governing Body pursuant to Section 89.060,
RSMo. If the Governing Body approves the requested change, it shall
adopt an ordinance to that effect.
E.
Zoning District Change Procedure. The Governing Body, Commission
or the owner of the property affected may initiate a proposal to rezone
a district.
1.
The
applicant shall first obtain the proper application form from the
office of the Zoning Administrator (located within City Hall for the
City of Bolivar) and receive a complete explanation of its requirements.
The applicant may wish to discuss various zoning options and requirements
for the property in question with the Zoning Administrator.[1]
[1]
Editor's Note — The Application for Rezoning form is included as an attachment to this chapter.
2.
The
rezoning application form must be completely filled out and returned
to the office of the Zoning Administrator with the appropriate filing
fee. Also required is a copy of a recorded warranty deed showing the
current owner of the property in question and an ownership list obtained
from a registered abstractor, title company or from current County
records containing the names and mailing addresses of the owners of
all property within a one hundred eighty-five (185) foot radius of,
and including, the property for which the zoning change is requested.
An application shall not be scheduled for public hearing until
the application form has been fully completed, the fee paid and all
required information submitted.
3.
The
Commission shall hold a public hearing at which time citizens and
parties of interest shall have a opportunity to be heard. The Planning
and Zoning Department shall be responsible for having an official
notice of public hearing published in a newspaper of general circulation
at least fifteen (15) days before the hearing. This notice shall state
the time and place of the hearing and shall describe generally the
change requested. A written notice shall also be mailed to each property
owner within a one hundred eighty-five (185) foot radius of the property
in question at least fifteen (15) days prior to the public hearing.
This notice shall also notify surrounding property owners of their
right to file protest petitions and shall explain the protest procedure.[2]
[2]
Editor's Note — The Public Hearing Notice
form is included as an attachment to this chapter.
4.
The
public hearing may be adjourned from time to time. After adjournment,
the Commission shall prepare and adopt its recommendation to the Governing
Body. This recommendation shall be submitted along with an accurate
record of the public hearing. For action on zoning amendments, a quorum
of the Commission must be present. A quorum is more than one-half
(½) of the total membership of the Planning Commission. When
neither a vote for nor a vote against the rezoning has a majority
of the quorum, it constitutes a "failure to recommend". Consequently,
another recommendation must be made.
Protest petitions will be available in the planning and zoning
office and must be filed within three (3) working days after the conclusion
of the public hearing by the Commission. The petitions must be signed
by all owners, including a spouse in jointly owned property, notarized
and submitted within the three (3) day period in order to be valid.
A sample form is included as part of this manual.[3] In computing the protest area, it should be pointed out
that the requirement is a protest by the owners of thirty percent
(30%) or more of the land area to be affected by the proposed change
and not thirty percent (30%) of the total number of owners; and that
area devoted to public streets and rights-of-way is excluded from
the computations. Protests or proposed zoning changes are allowed
pursuant to Section 89.060, RSMo.
[3]
Editor's Note — The Instructions for City
Protest Petitions and Petition form are included as an attachment
to this chapter.
5.
The
Governing Body shall consider the application for rezoning, although
not until the three (3) day protest period has expired, and may approve
the recommendation of the Commission or take whatever action it deems
necessary. If an adequate number of protest petitions have been filed,
the change can be approved only by as least a two-thirds (2/3) vote
of all the members of Governing Body pursuant to Section 89.060, RSMo.
If the Governing Body approves the requested change, it shall
adopt an ordinance to that effect. If the official Zoning Map has
been adopted by reference, the amending ordinance shall define the
change of boundary and shall order the official Zoning Map to be similarly
amended.
[Ord. No. 782 §1 (Sub. Regs.
Topic Adoption of Subdivision Regulations), 7-31-1980]
A.
Subdivision Adoption Procedure. Section 89.410, RSMo., authorizes
the Governing Body to adopt Subdivision Regulations by ordinance.
The steps, which must be followed for adoption, are listed below:
1.
The
Planning and Zoning Commission shall prepare or cause to be prepared
a set of proposed regulations governing the subdivision of land. The
Commission may also prepare proposed amendments to such regulations
when required.
2.
After
preparing the proposed regulations governing the subdivision of land
(or proposed amendments thereto), the Commission shall hold a public
hearing on the proposed subdivision regulations (or any subsequent
amendments thereto). The Secretary of the Commission shall be responsible
for having a notice of the public hearing published in a newspaper
of general circulation in the City at least fifteen (15) days before
the hearing. The notice shall fix the time and place for the hearing
and shall describe in general terms the regulations proposed.
3.
The
public hearing may be adjourned from time to time and at the conclusion
of the hearing, the Commission shall prepare its recommendations and,
by an affirmative vote of the majority of all the members of the Commission,
adopt them in the form of Proposed Subdivision Regulations. The proposed
regulations, together with an accurate written summary of the public
hearing, shall be forwarded to the Governing Body.
4.
After
a second (2nd) duly advertised public hearing, the Governing Body
may:
B.
Subdivision Regulations Amendment Procedure. Proposals for
an amendment of the text of the Subdivision Regulations are customarily
initiated by either the Commission or the Governing Body. However,
a private citizen may initiate the amendment process by submitting
a proposed change to the Commission. The procedures for either approval
or denial of such proposals are outlined below.
1.
If a
private citizen requests the change, the Commission shall permit the
individual to present the proposed amendment and the reasons for it
at a regular meeting of the Commission. Based on the information presented
at the meeting, the Commission shall determine whether the proposal
is worthy of consideration as an amendment. If it is determined that
the proposal has merit, the Commission shall set a date for the public
hearing. The Planning and Zoning Department shall be responsible for
having an official notice of public hearing published in a newspaper
of general circulation at least fifteen (15) days prior to the hearing.
This notice shall fix the time and place of the hearing and describe
in general terms the proposed change. At the public hearing, citizens
and parties of interest shall have an opportunity to be heard.
2.
If either
the Commission or the Governing Body initiates the text amendment,
a public hearing shall be scheduled by the Commission. The Planning
and Zoning Department shall be responsible for having an official
notice of public hearing published in a newspaper of general circulation
of least fifteen (15) days prior to the hearing. This notice shall
fix the time and place of the hearing and describe in general terms
the proposed change. At the public hearing, citizens and parties of
interest shall have an opportunity to be heard.
3.
The
public hearing may be adjourned from time to time and upon its conclusion,
the Commission shall prepare and adopt its recommendation to the Governing
Body. This recommendation shall be submitted along with an accurate
record of the public hearing. For action on subdivision amendments,
a quorum of the Commission must be present. A quorum is more than
one-half (½) the total membership of the Commission. A vote
either for or against an amendment by a majority of the quorum constitutes
a recommendation of the Commission. When neither a vote for nor a
vote against the amendment has a majority of the quorum, it constitutes
a "failure to recommend". Consequently, another recommendation must
be made.
4.
After
a second (2nd) duly advertised public hearing, the Governing Body
may:
C.
Preliminary And Final Plat Approval Procedure. All subdivision
of land within the jurisdiction of the Subdivision Regulations must
follow the procedures outlined below with certain exceptions. Any
change of boundary that does not create an additional lot or any division
of land for agricultural purposes into parcels of five (5) acres or
more and does not create the need for a new street is exempt from
the Subdivision Regulations.
1.
The
applicant shall meet with the Zoning Administrator and receive an
explanation for the subdivision procedure and its requirements, information
on the current zoning of the property in question and an application
form for subdivision plat approval.[1]
[1]
Editor's Note — The Application for Preliminary Plat form is included as an attachment to this chapter.
2.
The
application form shall be completely filled out and returned to the
office of the Zoning Administrator, along with the appropriate filing
fee and any required supplemental information. The materials outlined
above must be received by the office of the Zoning Administrator no
later than twenty (20) days before the next Planning and Zoning Commission
meeting in which the applicant would like approval of the plat to
be considered. As a part of the application, thirteen (13) copies
of a preliminary plat conforming to the requirements of the Subdivision
Regulations and a vicinity map showing the location of the proposed
subdivision are required. An application shall not be processed until
it has been fully completed, the appropriate fee paid and all required
information submitted according to the deadlines of the Planning and
Zoning Department.[2]
[2]
Editor's Note — The Preliminary Plat Checklist is included as an attachment to this chapter.
3.
The
Planning Commission, based on the standards set out in the Subdivision
Regulations, may approve, approve conditionally or disapprove the
preliminary plat.
4.
Upon
approval or conditional approval of the preliminary plat, the applicant
shall submit the final plat application form,[3] along with the appropriate fee and any required supplemental
information. Included as part of the application shall be the original
plat, thirteen (13) copies of the final plat plus one (1) reduced
copy (11x14) prepared in accordance with the Subdivision Regulations.
In addition, two (2) copies of the constructions plans shall be submitted
with the final plat application.[4]
[3]
Editor's Note — The Application for Final Plat form is included as an attachment to this chapter.
[4]
Editor's Note — The Final Plat Checklist is included as an attachment to this chapter.
5.
The
Planning Commission shall review the final plat and based on the approved
preliminary plat and the standards set out in the Subdivision Regulations,
adopt a recommendation to the Governing Body for approval, approval
with conditions or denial. A recommendation must be made by a majority
of the quorum of the Commission.
6.
The
Governing Body shall consider the final plat and may:
[Ord. No. 782 §1 (Sub. Regs.
Topic Board of Adjustment), 7-31-1980]
A.
Authority And Limitations. The Board of Adjustment is composed
of a group of five (5) citizens appointed by the Mayor and approved
by the Governing Body. The Planning and Zoning Department shall keep
all minutes and records of the Board's actions.
B.
It is
the responsibility of the Board of Adjustment to act under the following
circumstances:
1.
Appeals. Where it is alleged there is an error in any order,
requirement, decision or determination made by an administrative official
in the enforcement of Sections 89.010 — 89.140, RSMo. (as now
stated or hereinafter amended), or of any ordinance adopted pursuant
to such Statutes;
2.
Variances. Where an applicant feels that he/she should
be allowed to exceed the physical restrictions of the zoning regulations
because of special circumstances or undue hardship unique to applicant's
property;
3.
Special uses. Where an applicant wishes to develop a special
use that is specifically listed as permitted if certain conditions
(such as fencing or minimum lot size) were fulfilled; or
4.
To hear
and decide all matters referred to it or upon which it is required
to pass under such ordinance.
C.
The Board
of Adjustment is a judicial body. If they deem it necessary, they
may call in witnesses or subpoena evidence to aid them in making their
decision. They may not act in an "arbitrary or capricious" manner,
meaning that their decisions must be consistent and based on sound
reasoning. Decisions of the Board of Adjustment are subject to review
in the Circuit Court of the County where the City is located.
E.
Appeal Procedure.
1.
When
an applicant does not agree with an administrative officer's interpretation
of the Zoning regulations, that interpretation may be appealed to
the Board of Adjustment. Appeals to the Board of Adjustment may be
taken by:
a.
Any
person aggrieved;
b.
By
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person; or
c.
By
any officer, department, board or bureau of the municipality affected
by any decision of the administrative officer. The scope of the Board
of Adjustment's review will be as defined in Sections 89.080 —
89.110, RSMo., as now stated or as hereinafter amended from time to
time.
2.
The
applicant shall first (1st) meet with the Zoning Administrator and
receive a full explanation of the zoning requirement in question as
currently interpreted. If an appeal is to be made, an application
shall be obtained.[1]
[1]
Editor's Note — The Application for Appeal form is included as an attachment to this chapter.
3.
The
applicant shall file a completed application with the office of the
Zoning Administrator and pay the appropriate fee. The application
shall include an explanation of the decision being appealed and a
statement of the reasons for the appeal. Where applicable, drawings
or a list of property owners within one hundred eighty-five (185)
feet of the property in question may be required.
An application shall not be processed unless it has been completed,
the fee paid and all required information submitted.
4.
The
Zoning Administrator shall then schedule a regular meeting of the
Board of Adjustment and send copies of the application to Board members.
Twenty (20) days prior the Board meeting, an official notice to the
public shall be published in an newspaper of general circulation in
the City explaining the appeal and the time and place of the scheduled
hearing. A copy of the notice shall be mailed to each party of interest
and to the Planning Commission.
5.
At their
scheduled meeting, the Board shall hear facts and testimony from all
parties wishing to be heard concerning the appeal. The appeal must
be heard by the Board within a reasonable period of time from the
application and fee submittal and a written decision must be rendered
without unreasonable delay.
6.
The
Board of Adjustment may either affirm, reverse or modify the order,
requirement or interpretation of the Zoning Administrator. In order
to reverse or modify, however, requires a favorable vote of at least
four (4) of the five (5) Board members. The determination, in written
form, shall be sent to all affected parties including the Planning
Commission.[2] The Planning and Zoning Department shall keep minutes
of the public meeting including evidence presented during the proceedings
and the findings of the Board.
[2]
Editor's Note — The Board of Adjustment Determination form is included as an attachment to this chapter.
G.
Variance Procedure.
1.
When
an applicant feels that the strict application of the requirements
of the zoning regulations would create an undue hardship upon him,
he/she may request a variance from these requirements from the Board
of Adjustment. The Board must base its decision on factual evidence
and not the personal opinion of the applicant, neighbors or others.
The request for a variance shall be based on a conflict between the
restrictions on the development of the property due to the zoning
regulations and the restrictions on the development of the property
due to its physical characteristics. A variance shall be issued only
to the specific restrictions on physical construction and not to the
list of permissible land uses within a given zone.
2.
The
applicant shall first meet with the Zoning Administrator and receive
a complete explanation of the zoning requirements in question, the
variance procedure and an application form.
3.
The
applicant shall submit a completed application form and pay the appropriate
fee.[3] As a part of the application, two (2) copies of a sketch
map shall be submitted showing proposed and existing structures and
uses on the property for which the variance is being requested and
on immediately adjacent properties. A list of property owners within
one hundred eighty-five (185) feet of the property in question is
also required.
An application shall not be scheduled for public hearing until
the application form it has be fully completed, the fee paid and all
required information submitted.
[3]
Editor's Note — The Application for Variance form is included as an attachment to this chapter.
4.
The
Zoning Administrator shall then schedule a regular meeting of the
Board of Adjustment and send copies of the application to Board members.
Twenty (20) days before the Board meeting, an official notice to the
public shall be published in a newspaper of general circulation in
the City explaining the variance request and the time and place of
the scheduled hearing. A copy of the notice shall be mailed to each
party of interest and to the Planning Commission.
5.
At the
scheduled meeting, the Board shall hear all facts and testimony from
all parties wishing to be heard, concerning the requested variance.
In each case, the Board shall not grant a variance unless it finds,
based on the evidence presented, facts which lead conclusively to
all of the following findings:
a.
Uniqueness. The variance requested arises from conditions,
which are unique to the property in question, which are not ordinarily
found in the same zoning district and which are not caused by actions
of the property owners or applicant. Such conditions include the peculiar
physical surroundings, shape or topographical conditions of the specific
property involved which would result in a practical difficulty or
unnecessary hardship for the applicant, as distinguished from a mere
inconvenience, if the requested variance was not granted.
b.
Adjacent property. The granting of the variance will not
be materially detrimental or adversely affect the rights of adjacent
property owners or residents.
c.
Hardship. The strict application of the provisions of the
zoning regulations from which a variance is requested will constitute
an unnecessary hardship upon the applicant. Although the desire to
increase the profitability of the property may be an indicator of
hardship, it shall not be a sufficient reason by itself to justify
the variance.
d.
Public interest. The variance desired will not adversely
affect the public health, safety, morals, order, convenience or general
welfare of the community. The proposed variance shall not impair an
adequate supply of light or air to adjacent property, substantially
increase the congestion in the public streets, increase the danger
of fire, endanger the public safety or substantially diminish or impair
property values within the neighborhood.
e.
Spirit and intent. Granting the requested variance will
not be opposed to the general spirit and intent of the zoning regulations.
6.
The
Board of Adjustment may grant, grant conditionally or deny the application
for a variance. In order to grant a variance, at least four (4) of
the five (5) Board members must vote for the variance. The Board's
determination, in writing, shall be sent to all affected parties including
the Planning Commission.[4] The Planning and Zoning Department shall keep minutes
of the public meeting including evidence during the proceedings and
the findings of the Board.
[4]
Editor's Note — The Variance Determination form is included as an attachment to this chapter.
I.
Special Use Procedure.
1.
Certain
uses or exceptions are specifically permitted in particular zoning
districts, but only when a special use permit has been obtained from
the Board of Adjustment. These uses require special study with respect
to specific location and design considerations to assure that they
will have minimal negative impact on surrounding properties.
a.
The
applicant shall first (1st) meet with the Zoning Administrator and
receive a full explanation of the zoning and special use requirements
and a special use application form.
b.
The
applicant shall submit a completed application form and pay the appropriate
fee.[5] The application shall include a plan showing existing
and proposed driveways and other information that would be helpful
to the Board in their deliberations. The application shall include
statements explaining how the proposed special use would accomplish
the thirteen (13) objectives listed below.
[5]
Editor's Note — The Application for Special Use form is included as an attachment to this chapter.
2.
An application
shall not be processed unless it has been fully completed, the fee
paid and all required information submitted.
3.
The
Zoning Administrator shall then schedule a regular meeting of the
Board of Adjustment and send copies of the application to Board members.
Twenty (20) days before the Board meeting, an official notice to the
public shall be published in a newspaper of general circulation in
the City explaining the special use request and the time and place
of the scheduled meeting. A copy of the notice shall be mailed to
each party of interest and to the Planning Commission.
a.
At
the scheduled meeting, the Board shall hear all facts and testimony
from all parties wishing to be heard concerning the requested special
use permit. In order to grant a special use permit, the Board of Adjustment
must find that all the conditions listed under that use in the zoning
regulations, have been met. They must also find that any other precautions
necessary have been taken to make the proposed use compatible with
the uses surrounding the special use request. The final determination
of the Board shall take into consideration the following objectives:
(1)
The stability and integrity of the various zoning districts.
(2)
Conservation of property values.
(3)
Protection against fire and casualties.
(4)
Prevention of traffic congestion.
(5)
Promotion of the safety of individuals and property.
(6)
Provision of adequate light and air.
(7)
Prevention of overcrowding and excessive intensity of land use.
(8)
Provision for public utilities and municipal services.
(9)
Invasion by inappropriate uses.
(10)
Value, type and character of existing and proposed improvements and
land uses.
(11)
Consistency of improvements and land uses with community planning
standards.
(12)
Provision for orderly and proper urban renewal, development and growth.
4.
The
Board of Adjustment may grant, grant conditionally or deny the application
for a special use permit. In order to grant the special use permit,
at least four (4) of the five (5) Board members must vote favorably
on the request. The Board's determination, in writing, shall be sent
to all affected parties including the Planning Commission.[6] The Planning and Zoning Department shall keep minutes
of the public meeting including evidence presented during the proceedings
and the findings of the Board. To assure completion of conditions,
the Board may require a performance bond. A time limit may be placed
as a condition of approval to provide a periodic review of the special
use.
[6]
Editor's Note — The Reasons for Determination form is included as an attachment to this chapter.