[CC 1988 §25.141]
The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these regulations by the Coordinator to the Planning and Zoning Commission and by the Planning Commission to the Governing Body. Any such appeal shall provide a hearing de novo. In the event the Governing Body sustains the Planning and Zoning Commission, the action of the Planning and Zoning Commission shall be final, except as otherwise provided by law. If the Governing Body overrules the Planning and Zoning Commission, the Governing Body shall make its decision, in writing, stating the reason therefore and, except as provided in this Article, return such decision and plat to the Planning and Zoning Commission for reapproval as required by law.
[CC 1988 §25.142]
Any appeal as to approval concerning standards or plans and engineering drawings in connection with required improvements shall be directed to the Board of Aldermen and that action shall be final.
[CC 1988 §25.143]
Any waiver of the required improvements may be by only the Governing Body showing that such improvement is technically not feasible.
[CC 1988 §25.144]
A. 
In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations as to design criteria (e.g., lot width, lot depth, block length, etc.), Planning and Zoning Commission may grant a variance from such provision.
1. 
An application for a variance shall be made to the Coordinator who shall transmit the application to the Planning and Zoning Commission. The Planning and Zoning Commission shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application for a variance.
2. 
The Planning and Zoning Commission shall not grant a variance unless it shall find that the strict application of these regulations will create an unwarranted hardship, and unless the proposed variance is in harmony with the intended purpose of these regulations and that the public safety and welfare will be protected.
3. 
Variances permitted under the provisions of this Section shall not include variances from the requirements of making improvements required in Section 405.240 unless approved as provided for in Section 405.280, the standards of specifications thereof, nor from the provisions of the zoning ordinance of a City, except as to variances from minimum lot width and/or area requirements. Consideration of an application for a variance pursuant to this Section does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including zoning regulations) of the City relating to variances.
4. 
When used in this Section, the term "unwarranted hardship" shall mean the complete deprivation of use as distinguished from a mere inconvenience.
[CC 1988 §25.145]
A. 
When a plat or subdivision is prepared in connection with a planned unit development authorized by any legally adopted zoning regulation regulating the same area, then the Planning and Zoning Commission may vary the design standards contained in this Section to such extent as may be necessary to permit the preparation of a planned development plan in accordance with the standards, conditions and restrictions of such zoning regulation.
1. 
The Commission may authorize a variance from these regulations in case of a plan for a complete community or neighborhood which, in the judgment of the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings as required herein below, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Commission shall find that:
a. 
The proposed project will constitute a desirable and stable community development;
b. 
The proposed project will be in harmony with the adjacent areas;
c. 
Adequate provisions for park and playground areas are provided;
d. 
Through traffic problems are adequately provided for and a majority of the minor streets shall be so laid out as to discourage through traffic;
e. 
The tract of land comprising the unit is twenty (20) acres or more; provided however, that if the Planning and Zoning Commission expressly finds that development is impracticable under the existing regulations, a smaller tract may be provided;
f. 
All structures will be used only for single-family dwellings, two-family or multi-family dwellings together with the usual accessory buildings such as garages, buildings for community activities and churches. The average area per family within the unit, exclusive of areas occupied by streets, is not less than the area per family required by the zoning ordinance of the City of Eldon, Missouri, for the district in which the unit is located; provided that in no case is the area per family less than six thousand (6,000) square feet for detached single-family dwellings;
g. 
The lands and property adjacent to a community unit area will not be adversely affected and that the plan will not adversely affect the health, safety and welfare of the community;
h. 
Appropriate restrictions have been submitted and are attached to the plat of the area to maintain the use restrictions as approved in the case of an approval by the Planning and Zoning Commission.
2. 
Application for permission to use a tract of land as a planned unit development shall be made by the owner or subdivider of the tract of land in writing, together with a seventy-five dollar ($75.00) fee to defray posting and publishing when the preliminary plat of the community or neighborhood development unit is filed with the Planning and Zoning Commission. The application shall state fully and clearly all the facts relied upon by the applicant and shall be supplemented with maps, plans or any other additional information which might aid the Planning and Zoning Commission or which the Commission might require.
3. 
Planning and Zoning Commission actions. The Planning and Zoning Commission shall hold a public hearing and may approve the community or neighborhood unit development plan as submitted or may approve it with modifications or may reject the plan altogether. The recommendation of the Planning and Zoning Commission shall be reported by the Secretary of the Commission to the Governing Body and the applicant notified of the action of the Planning and Zoning Commission. Each application shall be maintained in a separate file and made a part of the permanent records of the Planning and Zoning Commission.
4. 
Board of Aldermen action. The Board of Aldermen shall act upon the recommendation of the Planning and Zoning Commission and shall conduct the same hearings and give the same notices as would be given in the event such recommendations were an application for rezoning. If the Board of Aldermen approves the plan or approves the plan with modifications, building permits and certificates of occupancy may be issued in conformity with the plan, even though such uses would not ordinarily be allowed by the zoning regulations of the City of Eldon, Missouri.
[CC 1988 §25.146]
A. 
The following shall apply:
1. 
The plat must be in three (3) dimensions relating vertical control to City or U.S.G.S. datum.
2. 
A bench mark must be set on or near the building at ground level for future reference in locating units in the plat.
3. 
Each floor plan of the permanent structure must be shown as well as basement and roof levels and area of plot plan. The dimensions and ties shown for each parcel must be definite enough with respect to both vertical and horizontal control so that the boundaries of each apartment may be accurately located by the use of standard survey methods.
4. 
All unit or apartment property lines shall be the interior surfaces of the perimeter walls, floor, ceiling, windows and doors thereof.
5. 
A condominium plat must contain all of the certifications and approvals required for any plat. There must also be an approval by the official authorized to issue building, zoning or occupancy permits indicating that the building plans have been approved by his/her office and a certification by the architect that the plat is in agreement with the building plan.
[CC 1988 §25.147]
A. 
General Intent. The Planning and Zoning Commission hereby delegates to and designates the Coordinator authority for approving or disapproving lot splits in accordance with the following regulations.
B. 
Application Procedure. Requests for lot split approval shall be made by the owner of the land to the Coordinator. Four (4) copies of a drawing to scale of the lots involved if there are no structures thereon, or if structures are located on any part of the lot being split, four (4) copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within one hundred eighty-five (185) feet of the property proposed to be split. Such owners shall have ten (10) days from the date of notification to notify the Coordinator of any protests they may have concerning the lot split. The ten (10) day waiting period may be waived upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split.
C. 
Approval Guidelines. Approval or disapproval of lot splits shall be made based on the following guidelines:
1. 
No lot split shall be approved if:
a. 
A new street or alley is needed or proposed.
b. 
A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
c. 
If such action will result in significant increases in service requirements, e.g., utilities, schools, traffic controls, streets, etc., or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.
d. 
There is less street rights-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instrument.
e. 
Old easement requirements have not been satisfied.
f. 
If such lot split will result in a tract without direct access to a street.
g. 
A substandard-sized lot or parcel will be created.
2. 
The Coordinator may make such additional requirements necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of rights-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision.
3. 
The Coordinator shall, in writing, either approve or disapprove, with or without conditions, the lot split within thirty (30) days of application. If approved and after all conditions have been met, he/she shall sign and furnish a certificate of approval to be affixed to the lot split survey, and certified copy thereof shall be filed with the County Recorder of Deeds and a copy shall be furnished to the applicant.
[Ord. No. 2012-03 §1, 2-28-2012]
A. 
General Intent. The Planning and Zoning Commission ("Commission") shall hear and make a recommendation to the Board of Aldermen that a lot combination, as provided in this Section, be approved or disapproved, it being understood that the Board of Aldermen shall have the authority for either approving or disapproving a lot combination pursuant to this Section.
B. 
Application Procedure. Lot combination applications shall be made by the owner of the land to the Planning and Zoning Coordinator ("Coordinator"). The application, fees and all information will need to be completed and submitted to the Coordinator. If the application is not complete or information is missing, the application will be returned to the applicant and delay this process. A proper application must include the following:
1. 
The application fee. See Section 400.290 fees.
2. 
Four (4) copies of a drawing to scale of the lots involved if there are no structures thereon, or if structures are located on any part of the lot being combined.
3. 
Four (4) copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the combination, shall accompany the application.
4. 
The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within one hundred eighty-five (185) feet of the property proposed to be combined.
Once all application requirements have been satisfied, the Coordinator shall prepare the application together with all relevant information and provide this information to the Commission, together with the Coordinator's recommendation, and the matter shall then be set on the Commission's next regularly scheduled meeting and the Coordinator shall provide notice as required under this Chapter.
C. 
Approval Guidelines. Approval or disapproval of lot combinations shall be made based on the following guidelines:
1. 
No lot combination shall be approved if:
a. 
A new street or alley is needed or proposed.
b. 
A change in zoning is proposed or needed.
c. 
A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
d. 
A variance in setbacks, building structures, use or any other land use regulation is proposed or needed.
e. 
If such action will result in significant increases in service requirements, e.g., utilities, schools, traffic controls, streets, etc., or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.
f. 
There are less street rights-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instrument.
g. 
Easement requirements have not been satisfied.
h. 
If such lot combination will result in a tract without direct access to a street.
i. 
A substandard-sized lot or parcel will be created.
j. 
If any provision of the Eldon City Code, the laws of the State of Missouri, or Federal law would be violated by the proposed lot combination.
2. 
The Planning and Zoning Commission may make such additional requirements and/or conditions as may be necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of rights-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision.
3. 
The Planning and Zoning Commission shall, after a hearing on the matter, make their recommendation in writing for either approval or disapproval to the Board of Aldermen. If the Board of Aldermen shall approve the lot combination and after all conditions have been met, the Coordinator shall sign and furnish a certificate of approval to be affixed to the lot combination survey, and certified copy thereof shall be filed with the County Recorder of Deeds and a copy shall be furnished to the applicant.
[CC 1988 §25.148]
A. 
The Coordinator, as delegated by the Planning and Zoning Commission, may authorize a variance from these regulations when a resubdivision of an approved or recorded subdivision of not more than five (5) lots is submitted, provided such resubdivision meets the minimum standards of these regulations and, provided further, that separate abstracts and lot surveys are drawn to fit the re-subdivided lots.
B. 
Replats of existing subdivisions of over five (5) lots in a recorded plat shall be processed in the same manner as if it were a new subdivision.
[CC 1988 §25.150]
Septic tanks and filtration beds can be constructed only after the site has been inspected and the plans and specifications for the construction of the same approved by the Coordinator of the City of Eldon as conforming to the sanitary code of the Division of Public Health of Missouri.
[CC 1988 §25.160]
No plat of any subdivision shall be entitled to be recorded in the County Recorder's office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner herein presented. Recording of plat approved in the manner herein prescribed shall be conclusive evidence of validity of the plat.
[CC 1988 §25.170]
After November 15, 1982, no public improvements shall be made or permitted in any area that has been subdivided or upon any street that has been platted after October 26, 1982, unless such subdivision or street has been approved and recorded in accordance with the provisions contained herein.
[CC 1988 §25.180]
No plat of any subdivision of land within the City shall be accepted or approved by the Commission or by the Coordinator if the streets, avenues or alleys in said addition or subdivision are improved or sewers are constructed or improvements of a public nature are made in a manner not complying with the plans and specifications fixed by the Coordinator of the doing of work, or the making of improvements of that character, at the time such work or improvement was begun, and if such improvements are not made under the supervision and inspection of the City.
[CC 1988 §25.190]
No street, avenue, alley or public highway which has been improved shall hereafter be accepted by the Commission, the Coordinator, or by any other officer or officers of the City unless such improvements were constructed according to the plans and specifications then in force for the doing of such work or making such improvement at the time the work making of such improvement was begun, and unless such improvements were constructed under the supervision and inspection of the city, except streets acquired through extension of the City limits.
[CC 1988 §25.200]
The Coordinator or the Commission, upon the request of the subdivider, may grant limited approval to subdivisions outside the City limits of Eldon, provided the subdivision meets the minimum requirements of these regulations. Such limited approval shall be endorsed on the plat before recording.
[CC 1988 §25.210]
It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City to represent that any improvements upon any of the streets, alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the Coordinator, or has been supervised or inspected by him/her, when such improvement is not so constructed, supervised or inspected.
[CC 1988 §25.220]
Any persons violating the provisions of this Chapter shall be guilty of a misdemeanor and shall be subject to a fine as set forth in Section 100.130 of this Code.
[CC 1988 §25.230]
If any Section, Subsection, sentence, clause or phrase of this Chapter or the application thereof to any person is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter.
[CC 1988 §25.240]
This Chapter may be amended at any time after the Planning and Zoning Commission shall have held a public hearing on the proposed amendment. A notice of such public hearing shall be published in the official City newspaper. At or after such public hearing is held, the Planning and Zoning Commission may adopt such amendments, but such amendments shall not become effective until approval by the Board of Aldermen of the City of Eldon.