[Ord. No. 659 §1, 5-2-2011]
A.
Subject to Article XIX, Section 400.845 (Permitted Signs), the use made of property may not be substantially changed (see Article IX, Section 400.415 Change in Use), substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one (1) of the following permits:
B.
Approved use permits, conditional use permits, preliminary plat approvals, sign permits, and home business permits are issued under this Chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provision of this Chapter if completed as proposed. Such plans and applications, as are finally approved, are incorporated into any permit issued, and except as otherwise provided in Article IV, Section 400.235, all development shall occur strictly in accordance with such approved plans and applications.
C.
Physical improvements to land to be subdivided may not be commenced except in accordance with a preliminary plat approval issued by the Board of Aldermen for major subdivisions or after final plat approval by the Planning and Zoning Commission for minor subdivisions.
D.
An approved use permit, preliminary plat approval, conditional use permit, sign permit, and home business permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal); shall identify the property involved and the proposed use; shall incorporate by reference the plans submitted; and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
[Ord. No. 659 §1, 5-2-2011]
Issuance of a preliminary plat approval, conditional use or approved use permit authorizes the recipient to commence the activity resulting in a change in land use or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Article IV, Sections 400.180, 400.220 and 400.225, the intended use may not be commenced; no building may be occupied; and in the case of subdivision, no lots may be sold until all of the requirements of this Chapter and all additional requirements imposed pursuant to the issuance of a preliminary plat approval or conditional use permit have been in compliance.
[Ord. No. 659 §1, 5-2-2011]
A.
Applications for approved use, conditional use, preliminary plat, or sign permits or minor subdivision plat approval will be accepted only from persons having legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Chapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendors).
[Ord. No. 659 §1, 5-2-2011]
A.
All applications for approved use, conditional use, preliminary plat, or sign permits must be complete before the permit-issuing authority is required to consider the application.
B.
Subject to Subsection (C), an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Chapter.
C.
In this Chapter, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in the Subdivision Regulations or other technical specification ordinances of the City. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this Chapter.
However, whenever this Chapter requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one (1) or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the City Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VIII.
D.
The presumption established by this Chapter is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this Section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Board of Aldermen, the applicant may rely in the first (1st) instance on the recommendations of the City Administrator as to whether more or less information than that set forth in Appendix A should be submitted.
E.
The City Administrator shall make every effort to develop application forms, instructional sheets, checklists, or techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the City Administrator to determine compliance with this Chapter, such as applications for approved use permit to construct single-family or two-family houses, or applications for sign permits, the City Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
[Ord. No. 659 §1, 5-2-2011]
A.
To minimize development, planning cost, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this Section.
B.
Before submitting an application for a preliminary plat approval authorizing a development that consists of or contains a major subdivision, the developer shall submit to the City Administrator a sketch plan of such subdivision, drawn approximately to scale (1 inch = 100 feet). The sketch plan shall contain:
1.
The name and address of the developer,
2.
The proposed name and location of the subdivision,
3.
The approximate total acreage of the proposed subdivision,
4.
The tentative street and lot arrangement,
5.
Topographic lines, and
6.
Any other information, which the developer believes necessary to obtain the informal opinion of the planning staff, as to the proposed subdivision's compliance with the requirements of this Chapter.
| | The City Administrator shall meet the developer as soon as conveniently possible to review the sketch plan. |
C.
Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this Chapter to the proposed development.
[Ord. No. 659 §1, 5-2-2011]
A.
Upon receipt of formal application for an approved use permit, a conditional use permit, home business permit or a preliminary plat approval, the City Administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this Chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposed to do.
B.
If the application is for a conditional use permit or preliminary plat approval, the City Administrator shall place the application on the agenda of the Planning and Zoning Commission when the applicant indicates that the application is as complete as he intends to make it. However, as provided in Article IV, Sections 400.195 and 400.200, if the City Administrator believes that the application is incomplete, he shall recommend to the Planning and Zoning Commission that the application be denied on that basis.
[Ord. No. 659 §1, 5-2-2011]
A.
A completed application form for an approved use permit shall be submitted to the City Administrator.
B.
The City Administrator shall issue the approved use permit unless he finds, after reviewing the application and consulting with the applicant as provided in Article IV, Section 400.165 that:
1.
The requested permit is not within his jurisdiction according to the Table of Approved Uses, or the application is incomplete, or if completed as proposed in the application, the development will not comply with one (1) or more requirements of this Chapter (not including those requirements for which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article IX, Non-Conforming Situations).
[Ord. No. 659 §1, 5-2-2011]
In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this Chapter prior to commencing the intended use of the property or occupying any buildings, the City Administrator may authorize the commencement of the intended use of the occupancy of buildings (insofar as the requirements of this Chapter are concerned) if the permit recipient provides a performance bond to ensure that all of the requirements of this Chapter will be fulfilled within a reasonable period (not to exceed twelve (12) months) determined by the City Administrator.
[Ord. No. 659 §1, 5-2-2011]
A.
An application for a conditional use permit shall be submitted to the Board of Aldermen with a recommendation from the Planning and Zoning Commission by filing a copy of the application with the City Administrator at City Hall.
B.
An application for a preliminary plat approval shall be submitted to the Board of Aldermen with a recommendation from the Planning and Zoning Commission by filing a copy of the application with the City Administrator at City Hall.
C.
Subject to Subsection (D), the Board of Aldermen shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:
1.
The requested permit is not within its jurisdiction according to the Table of Approved Uses, or
2.
The application is incomplete, or
3.
If completed as proposed in the application, the development will not comply with one (1) or more requirements of this Chapter (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article IX, Non-Conforming Situations), or
D.
Even if the Board of Aldermen finds that the application complies with all other provisions of this Chapter, it may still deny the permit if it concludes, based upon information submitted at the hearing, that completed as proposed, the development, more probably than not:
1.
Will endanger the public health and safety, or
2.
Will substantially injure the value of adjoining or abutting property, or
3.
Will not be in harmony with the area in which it is to be located, or
4.
Will not be in general conformity with the land use plan, thoroughfare plan or other plan officially adopted by the Board of Aldermen.
E.
The Board of Aldermen may also determine that the proposed use is such that it is necessary to require greater standards than listed in the district, in order to correlate the proposed use to other property and uses in the vicinity including, but not limited to:
1.
Conformity to plans and drawings submitted with the application.
2.
Conditional yards, open space, bufferyards, walls, fences, hedges, landscaping.
3.
Performance standards relative to emission of noise, vibration or other potentially dangerous or objectionable elements.
4.
Limits on time of day for conducting of specified activities.
5.
A period in which the approval shall be exercised or otherwise shall lapse.
6.
Guarantees as to compliance with the terms of approval.
[Ord. No. 659 §1, 5-2-2011]
A.
The burden of presenting a complete application (as described in Article IV, Section 400.160) to the Planning and Zoning Commission and to the Board of Aldermen shall be upon the applicant. However, unless the Planning and Zoning Commission informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.
B.
Once a completed application has been submitted, the burden of presenting sufficient evidence to the Planning and Zoning Commission and to the Board of Aldermen, to lead it to conclude that the application should be denied for any reasons stated in Article IV, Section 400.185(C)(1), (C)(3) or (D), shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
C.
The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this Chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Article IV, Section 400.185(D)(4) rests on the party or parties urging that the requested permit should be denied.
[Ord. No. 659 §1, 5-2-2011]
A.
When presented to the Planning and Zoning Commission, the application for a conditional use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with the Article IV, Section 400.160 (Application to be Complete) and the other requirements of this Chapter, as well as any staff recommendations for additional requirements to be imposed by the Board of Aldermen.
[Ord. No. 659 §1, 5-2-2011]
A.
Before being presented to the Board of Aldermen, an application for a preliminary plat approval shall be referred to the Planning and Zoning Commission for action in accordance with this Section.
B.
When presented to the Planning and Zoning Commission, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Article IV, Section 400.160 and other requirements in this Chapter, as well as any staff recommendations for additional requirements to be imposed by the Board of Aldermen. If the planning staff report proposes a finding or conclusion that the application fails to comply with Article IV, Section 400.160 or any other requirement in this Chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
C.
The Planning and Zoning Commission shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or member of the public. The Planning and Zoning Commission shall post on or near the subject property one (1) or more notices as provided for in Article III, Part 1, Section 400.085.
D.
After reviewing the application, the Planning and Zoning Commission shall report to the Board of Aldermen whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the Planning Commission shall propose its own recommendations and the reasons therefore.
[Ord. No. 659 §1, 5-2-2011]
A.
In considering whether to approve an application for a preliminary plat approval, the Board of Aldermen shall proceed according to the following format:
1.
The Board of Aldermen shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete), then this shall be taken as an affirmative finding by the Board of Aldermen that the application is complete.
2.
The Board of Aldermen shall consider whether the application complies with all of the applicable requirements of this Chapter. If a motion to this effect passes, the Board of Aldermen need not make further findings concerning such requirements. If such a motion fails or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more of the requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the Board of Aldermen to be unsatisfied through this process.
3.
If the Board of Aldermen concludes that the application fails to comply with one (1) or more requirements of this Chapter, the application shall be denied. If the Board of Aldermen concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more reasons set forth in Article IV, Section 400.185(D). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.
[Ord. No. 659 §1, 5-2-2011]
A.
In considering whether to approve an application for a conditional use permit, the Board of Aldermen shall proceed in the same manner when considering preliminary plat approval application (Article IV, Section 400.205).
1.
The Board of Aldermen shall consider whether the application is complete. If the Board concludes that the application is incomplete and the applicant refuses to provide the necessary information, the applicant shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. If a motion to this effect is not made and concurred, this shall be taken as an affirmative finding by the Board of Aldermen that the application is complete.
2.
The Board of Aldermen shall consider whether the application complies with all applicable requirements of this Chapter. If a motion to this effect passes, the Board of Aldermen need not make further findings concerning such requirements. If such a motion fails to receive the necessary vote or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more requirements of this Chapter. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the Board to be unsatisfied through this process. As provided in Article IV, Section 400.185, if the Board concludes that the application fails to meet one (1) or more of the requirements of this Chapter, the application shall be denied.
3.
If the Board of Aldermen concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in Article IV, Section 400.185. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.
[Ord. No. 659 §1, 5-2-2011]
A.
Subject to Subsection (B), in granting a conditional use or preliminary plat approval, the Board of Aldermen may attach to the permit such reasonable requirements in addition to those specified in this Chapter to ensure that the development in its proposed location:
1.
Will not endanger the public health or safety,
2.
Will not injure the value of adjoining property or abutting property,
3.
Will be in harmony with the area in which it is located, and
4.
Will be in conformity with the Comprehensive Plan, thoroughfare plan or other plan officially adopted by the Board of Aldermen.
B.
The Board of Aldermen may not attach additional conditions that modify or alter the specific requirements set forth in this Chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
C.
Without limiting the foregoing, the Board may attach a condition to a permit limiting the permit to a specified duration.
D.
All additional conditions or requirements shall be entered on the permit.
E.
All additional conditions or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Chapter.
[Ord. No. 659 §1, 5-2-2011]
A.
In cases when, because of weather conditions or other factors beyond the control of the conditional use or preliminary plat approval recipient (exclusive of financial hardship), it would be unreasonable to require the permit recipient to comply with all of the requirements of this Chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the Board of Aldermen may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this Chapter are concerned) if the permit recipient provides a performance bond to the Board of Aldermen to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve (12) months).
B.
When the Board of Aldermen imposes additional requirements upon the permit recipient in accordance with Article IV, Section 400.215 or when the developer proposes in the plans submitted to install amenities beyond those required by this Chapter, the Board of Aldermen may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one (1) or more of the following:
C.
With respect to subdivisions in which the developer is selling only undeveloped lots, the Board of Aldermen may authorize final plat approval and the sale of lots before all the requirements of this Chapter are fulfilled if the subdivider provides a performance bond to the Board of Aldermen to ensure that all of these requirements will be fulfilled within not more than twelve (12) months after final plat approval.
[Ord. No. 659 §1, 5-2-2011]
A.
If a development is constructed in phases or stages in accordance with this Section, then, subject to Subsection (C), the provisions of Article IV, Section 400.150 (No Occupancy, Use or Sale of Lots Until Requirements Fulfilled) and Article IV, Section 400.220 (Exceptions to Article IV, Section 400.150) shall apply to each phase as if it were the entire development.
B.
As a prerequisite to taking advantage of the provisions of Subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Chapter that will be satisfied with respect to each phase or stage.
C.
If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development), then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
1.
If the improvement is one required by this Chapter, then the developer may utilize the provisions of Article IV, Section 400.220(A) or (C).
2.
If the improvement is an amenity not required by this Chapter or is provided in response to a condition imposed by the Board of Aldermen, then the developer may utilize the provisions of Article IV, Section 400.220(B).
[Ord. No. 659 §1, 5-2-2011]
A.
Approved use, conditional use, preliminary plat, and sign permits shall expire automatically if within one (1) year after the issuance of such permits the use authorized by such permits has not commenced in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use.
C.
The permit-issuing authority may extend for a period up to six (6) months from the date when a permit would otherwise expire pursuant to Subsections (A) or (B) if it concludes that:
1.
The permit has not yet expired,
2.
The permit recipient has proceeded with due diligence and in good faith, and
3.
Conditions have not changed so substantially as to warrant a new application.
| | Successive extensions may be granted for period up to six (6) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit. |
[Ord. No. 659 §1, 5-2-2011]
A.
Approved use, conditional use, preliminary plat, and sign permits authorize the permittee to make use of the land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:
1.
No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and
2.
The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice of the existence of the permit at the time they acquired their interest.
[Ord. No. 659 §1, 5-2-2011]
A.
Insignificant deviations from the permit (including approved plans) issued by the Board of Aldermen or the City Administrator is permissible; and the City Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernable impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
B.
Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the Board of Aldermen. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this Section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
C.
All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Aldermen or Board of Adjustment, new conditions may be imposed in accordance with Article IV, Section 400.220, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with previously issued permit.
E.
A developer requesting approval of changes shall submit a written request for such approval to the City Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
[Ord. No. 659 §1, 5-2-2011]
A.
Whenever:
1.
The Board of Aldermen disapproves a conditional use or special use permit application, or
2.
The Board of Adjustment disapproves an application for a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective Board at a later time unless the applicant clearly demonstrates that:
a.
Circumstances affecting the property that is the subject of the application have substantially changed, or
b.
New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the City Administrator within the time period for an appeal to superior court (see Article VIII, Section 400.380). However, such a request does not extend the period within which an appeal must be taken.
(1)
Notwithstanding the above information, the Board of Aldermen or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.
[Ord. No. 659 §1, 5-2-2011]
Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary cost on the appellant or applicant, the City shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this Chapter.
[Ord. No. 659 §1, 5-2-2011]
A.
The recipient of any approved use, conditional use, preliminary plat, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this Chapter or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, storm water detention basins and facilities, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.
B.
All subdivision of property containing common open space and/or common improvements not a part of individual lots, designed for the mutual benefit of a group or person owning property within a development where such lands are not dedicated or conveyed for public use shall be classified as a major subdivision and shall be subject to review in accordance with the provisions of the City of Strafford Subdivision Regulations.
1.
If common space and common improvements are not dedicated and conveyed for public use, they shall be protected by legal arrangements satisfactory to the Board of Aldermen and the City Attorney sufficient to assure their maintenance and preservation for whatever purpose intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements; the method of maintenance, the responsibility for maintenance, the method for transfer of maintenance responsibility from the developer to the property owners' association, maintenance taxes and insurance; compulsory membership in a property owners' association and compulsory assessment provisions; guarantees that any association formed to own and maintain common area and common improvements will not be dissolved without the City's consent; and other specifications found to be necessary by the Board of Aldermen and the City Attorney.
2.
The City Administrator and the City Attorney shall review and approve the restrictive covenants, rules and bylaws of the subdivision as prepared in accordance with these regulations and Chapter 448, RSMo. This approval is required prior to the recording of any final plat. The restrictive covenants, when approved, shall be recorded with the subdivision plat.
3.
Maintenance responsibility.
a.
The City shall not be responsible for the maintenance of any common area, common open space or common improvements which are not dedicated to the public use and accepted by the City.
b.
Initial maintenance of the common area, common open space or common improvements shall be the responsibility of the developer. The restrictive covenants for the subdivision shall prescribe a method for the transfer of the maintenance responsibility to a duly constituted property owners' association. One (1) possibility is when at least fifty percent (50%) of the development has been sold, the property owners' association will be deeded the common open space/improvements and the association will become fully responsible for its maintenance and upkeep.
c.
Failure to maintain properly.
(1)
At any time, if the developer or property owners' association shall fail to maintain any common area, common open space or common improvements in reasonable order and condition in accordance with the approved plans, the City Administrator may serve a notice in writing to said owner(s). This notice will describe how the owner(s) have failed to maintain the common area, common open space or common improvements in reasonable condition and shall require that the deficiencies of maintenance shall be remedied within thirty (30) days, and shall state the date and place of a public hearing before the Board of Aldermen.
(2)
At the public hearing, the Board of Aldermen may modify the terms of the original notice concerning the deficiencies and may grant an extension of time to remedy the deficiencies.
(3)
If the deficiencies are not corrected, the City may enter upon the common area, common open space or common improvements and provide necessary maintenance to prevent the common area, common open space or common improvements from becoming a public nuisance. Said entry and maintenance does not grant the public any rights to use the common area, common open space or common improvements unless the owners voluntarily dedicate the same to the public and the City accepts the dedication.
(4)
The restrictive covenants and bylaws of the development shall provide that the cost of such maintenance by the City shall be assessed against the individual properties within the development that have a right of enjoyment of the common area, common open space or common improvements. This assessment shall become a charge on said properties and such charge shall be paid by the owners of said properties within thirty (30) days after receipt of the charge. Such assessments shall constitute a lien against all properties within the development.
(5)
Before the expiration of one (1) year or upon the request of the owners of the common area, common open space or common improvements, the Board of Aldermen shall call a public hearing upon notice in writing to the owners of the common area, common open space or common improvements. At the public hearing, the owners shall show cause why the maintenance by the City should not continue. If the Board of Aldermen determines that the owners are ready and able to assume maintenance of the common area, common open space or common improvements in a reasonable condition, the City shall cease to perform the maintenance. If the Board of Aldermen determines that the owners are not ready and able to assume maintenance of the common area, common open space or common improvements in a reasonable condition, the City shall continue to maintain the to assume maintenance of the common area, common open space or common improvements during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
[Ord. No. 659 §1, 5-2-2011]
Statement Of Intent. The purpose of cluster development is to permit a procedure for development which can preserve environmentally sensitive areas or preserve open space to serve recreational, scenic and public services purposes and other related purposes within the densities established by this Article. To accomplish this:
| * | Variations in lot areas and lot widths are permitted, |
| * | Procedures are established to assure adequate maintenance and restrictions on the use of open space for the benefit of the inhabitants of the subdivision or for dedication to public use, and |
| * | Procedures are established to assure adequate protection of developments adjoining the proposed cluster development. |
| 1. | |
| 2. | No cluster housing developments shall be constructed except in accordance with a preliminary plat approved by the Planning and Zoning Commission and the Board of Aldermen. |
| 3. | Lot areas may be reduced to ten thousand (10,000) square feet, provided the remainder of the area up to the original minimum lot size is established as permanent open space. For example: the minimum lot area in the "R-2" District is twelve thousand (12,000) square feet. Under the cluster housing development the lot area may be reduced up to ten thousand (10,000) square feet provided that two thousand (2,000) square feet is dedicated for open space. The modified lot area and the equivalent open space shall be shown on the preliminary plat. |
| 4. | Lot widths may be reduced to sixty (60) feet. |
| 5. | The proposed residences may not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and welfare. |
| 6. | The proposed cluster housing development will be constructed so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property. |
| 7. | Cluster open space may include features located on the tract such as, but not limited to, stream or creek beds, significant stands of trees, individual trees of significant size and rock outcroppings. |
| 8. | Cluster open space intended for recreation or public uses shall be easily accessible to pedestrians. |
| 9. | The resultant open space or common area shall be preserved and maintained for its scenic or environmentally sensitive value or for recreation purposes. Cluster open space or common area shall not include areas devoted to public or private streets or vehicular use areas or any land which has been or will be conveyed to a public agency by way of a purchase agreement. |
| 10. | Cluster open space or common area within a cluster housing development may be offered for dedication to the public at the time of application. The Planning and Zoning Commission and the Board of Aldermen may accept such a dedication if they find that the size, location, availability or the cost of maintenance of the property would make acceptance by the public desirable. |
| 11. | Cluster open space or common area not dedicated to the public shall be protected by legal arrangements as specified in Section 400.255. |
