City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1383 §300, 1-6-2003]
The provisions of these zoning regulations shall apply to all structures and land in the incorporated area of Oak Grove, Missouri.
[Ord. No. 1383 §301, 1-6-2003]
The jurisdictional area is hereby divided into ten (10) zoning districts that are designated as follows:
"A"
Agricultural District
"C-1"
Neighborhood Commercial District
"C-2"
Central Business District
"C-3"
High Intensity Commercial
"M-1"
Light Industrial District
"M-2"
Heavy Industrial District
"R-1"
Single-Family Dwelling District
"R-2"
Two-Family Dwelling District
"R-3"
Multiple-Family Dwelling District
"PUD"
Planned Unit Development
[Ord. No. 1383 §302, 1-6-2003]
The City of Oak Grove is hereby divided into zones as shown on the official Zoning District Map dated February 1, 2003, filed in the office of the City Clerk. Each of the said maps, with all notations, references and other information shown thereon, is hereby made as much a part of the zoning regulations as if the same were specifically set forth herein.
[Ord. No. 1383 §303, 1-6-2003]
Where uncertainty exists with the boundaries of the various districts as shown on the official Zoning District Maps, incorporated herein, the following rules apply:
A. 
The district boundaries are the centerlines of streets, alleys, waterways and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the Zoning Map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district.
B. 
Where the district boundaries do not coincide with the location of streets, alleys, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
C. 
Where the district boundaries do not coincide with the location of streets, alleys, waterways, railroad rights-of-way or lot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning Map.
[Ord. No. 1383 §304, 1-6-2003]
The following structures and uses shall be exempt from the provisions of these zoning regulations:
A. 
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.
B. 
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.
C. 
Agriculture uses as defined by this Unified Development Code.
D. 
Retaining walls on public property.
E. 
Public signs, such as traffic control devices (stop or yield signs) or street names.
[Ord. No. 1383 §305, 1-6-2003]
The following general requirements shall apply to all zoning districts:
A. 
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with the use regulations herein specified for the district that it is located within.
B. 
No building or structure shall hereafter be erected or altered:
1. 
To exceed height and area regulations.
2. 
To occupy a greater percentage of lot area than permitted.
3. 
To have a narrower or smaller front, rear and/or side yard or other open space than required in the zoning district regulations.
[Ord. No. 1383 §306, 1-6-2003]
Whenever the City of Oak Grove annexes any unincorporated territory, the zoning classification of the annexed territory shall remain the same as it was prior to the annexation, unless the zoning classification is affirmatively changed through the rezoning procedures as provided in this Unified Development Code.
[Ord. No. 1383 §307, 1-6-2003]
It is hereby declared to be the intention of the City that several provisions of the Unified Development Code are severable in accordance with the following rules:
A. 
If any court of competent jurisdiction shall adjudge any provision of this Unified Development Code to be invalid, such judgment shall not affect any other provisions of this Unified Development Code.
B. 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Unified Development Code to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.
[Ord. No. 1383 §308, 1-6-2003]
A. 
Responsibility. The Zoning Officer shall be the Director of Community Development or a designee appointed by the City Administrator who shall be responsible for administering this Unified Development Code.
B. 
Powers And Duties. In administering this Unified Development Code, the Zoning Officer shall have the following powers and duties:
1. 
To enforce the regulations of this Development Code;
2. 
To approve and issue all building and occupancy certificates and make and maintain records thereof;
3. 
To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Unified Development Code;
4. 
To receive, file and forward to the Board of Zoning Adjustment the records in all appeals and all other applications;
5. 
To maintain permanent and current records of this Unified Development Code including, but not limited to, all Zoning Maps, amendments, conditional uses, variances, appeals and applications therefore and records of hearings thereon;
6. 
To maintain for distribution to the public a supply of copies of the Zoning Map or maps, the compiled text of this Unified Development Code, and the rules of the Board of Zoning Adjustment; and
7. 
To provide such clerical, technical and consultative assistance as may be reasonably required by the Planning and Zoning Commission, Board of Zoning Adjustment and other boards, commissions and officials in the exercise of their duties relating to this Unified Development Code.
[Ord. No. 1383 §309, 1-6-2003]
A. 
Establishment. That a Planning and Zoning Commission is hereby continued for the City of Oak Grove and hereinafter referred to as the "Commission".
B. 
Membership. That the Commission shall consist of the Mayor if the Mayor chooses to be a member, one (1) member of the Board of Aldermen and five (5) citizen members who are appointed by the Mayor and approved by the Board of Aldermen. In the event the Mayor chooses not to be a member, an additional citizen member shall be appointed by the Mayor and approved by the Board of Aldermen. Commission members shall be entitled to one (1) vote each.
C. 
Meetings.
1. 
The term of the appointed members shall be for four (4) years but the terms of the first (1st) members shall be varied so that succeeding terms will be staggered. There shall be no compensation for the members of the Commission. A member may be removed by the Board of Aldermen for cause after a public hearing. Any member facing removal shall be advised by mail at least five (5) days prior to any public hearing. Removal of a member of the Commission shall be by a two-thirds (⅔) vote of the Board of Aldermen.
2. 
The Commission shall elect a Chairman and a Secretary for one (1) year term with no restrictions on the number of terms. The Mayor and Aldermen are ineligible for the office of the Commission.
3. 
The Commission shall adopt rules of procedure, provide for holding regular and special meetings and maintain a record of its transactions and meetings that will be public.
4. 
The Commission shall not authorize expenditures that exceed the amounts appropriated by the Board of Aldermen.
D. 
In accordance with Chapter 89, RSMo., the Commission shall/may:
1. 
Make and adopt a Comprehensive Plan for the physical development of the municipality. The Comprehensive Plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the municipality that will, in accordance with existing and future needs, best promote the general welfare as well as efficiency and economy in the process of development.
2. 
After the adoption of a major street plan, prepare and recommend that the Board of Aldermen adopt regulations governing the subdivision of land. After adoption of a major street plan, the Commission must act on all proposed plats.
3. 
Prepare proposed zoning regulations, hold public hearings and recommend zoning regulations to the Board for adoption.
4. 
After adoption of the Comprehensive Plan or part thereof, approve or disapprove all proposed public improvements whose location, character and extent are included in the Comprehensive Plan.
5. 
In general, have the power necessary to enable it to perform its functions and promote municipal planning.
6. 
Make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality.
7. 
Take recommendations on the development of the municipality to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens.
8. 
Appoint employees and staff necessary to accomplish its work.
9. 
Contract with planners and other consultants for services the Commission may require. All public officials, upon request, shall furnish such information as the Commission may require.
E. 
Content Of The Comprehensive Plan In Accordance With Chapter 89, RSMo.
1. 
The Comprehensive Plan shall include the maps, charts and descriptive matter explaining the Commission's recommendations for the City's physical development and uses of land.
2. 
When the Commission adopts a Comprehensive Plan that includes at least a major street plan, it shall:
a. 
Prepare recommended subdivision regulations; and
b. 
Approve recommended maps showing setback lines on major streets before the Board of Aldermen is authorized to enforce setback regulations.
3. 
The Comprehensive Plan may include:
a. 
The general location, character and extent of streets, public rights-of-way, grounds, places and spaces, terminals and public utilities;
b. 
The general character, extent and layout of the replanning of blighted districts and slum areas;
c. 
A recommended zoning plan; and
d. 
Recommendations for public improvements and their financing.
4. 
Before adopting the Comprehensive Plan or any part thereof, the Commission shall hold a public hearing on the Comprehensive Plan.
5. 
Notice of the hearing shall be placed in a newspaper having general circulation in the municipality at least fifteen (15) days prior to the hearing. The hearing may be adjourned from time to time.
6. 
After the public hearing the Commission may adopt the Comprehensive Plan by resolution that refers expressly to the written and graphic materials that make up the Comprehensive Plan. Adopting resolutions shall be carried by a majority vote of the full membership of the Commission. Action taken shall be recorded on the adopted Comprehensive Plan with the identifying signature of the chairperson of the Commission.
7. 
A copy of the adopted Comprehensive Plan or part thereof shall be certified to the Board of Aldermen and the office of the City Clerk. A copy shall be available in the office of the County Recorder of Deeds in Jackson and Lafayette Counties.
8. 
After the Comprehensive Plan or part thereof is adopted, no public improvement that has been included in the Comprehensive Plan shall be constructed or authorized until the planned improvement has been submitted to and approved by the Commission. Approval shall not be required if the Commission fails to act within sixty (60) days after receiving the plans for the proposed improvement. Disapproval by the Commission may be overruled by not less than a two-thirds (⅔) vote of the entire membership of the Board of Aldermen.
9. 
After a major street plan and subdivision regulation have been adopted, no street shall be accomplished nor shall a building permit be issued for land abutting a street unless:
a. 
The street had legal status prior to the adoption of the Comprehensive Plan.
b. 
The street is shown on an approved plat.
c. 
The street is shown on a street plan adopted by the Commission.
10. 
Other streets may be located and constructed if the Board first submits the proposed street to the Commission for its approval. Disapproval by the Commission may be overruled by not less than a two-thirds (⅔) vote of the entire membership of the Board of Aldermen.
[Ord. No. 1383 §310, 1-6-2003]
A. 
Establishment. A Board of Zoning Adjustment is hereby continued in accordance with Chapter 89, RSMo., regarding the zoning of Cities.
B. 
Membership. The Board of Zoning Adjustment shall consist of five (5) members who are residents of the City. The membership of the first (1st) Board of Zoning Adjustment appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Zoning Adjustment shall elect its own Chairman who shall serve for one (1) year.
C. 
Meetings And Voting. The Board of Zoning Adjustment shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board of Zoning Adjustment shall be held at the call of the Chairman and at such other times as the Board of Zoning Adjustment may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all that shall be immediately filed in the office of the Board of Zoning Adjustment, and shall be public record. All testimony, objections thereto and rulings thereon shall be taken down by a court reporter employed by the Board of Zoning Adjustment for that purpose.
D. 
Powers And Duties. The Board of Zoning Adjustment shall have the following powers and duties:
1. 
Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this Unified Development Code.
2. 
Variances. To authorize in specific cases a variance from the specific terms of this Unified Development Code that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Unified Development Code will, in an individual case, result in unnecessary hardship in the case of a use variance or practical difficulties in the case of an area variance, provided that the spirit of this Unified Development Code shall be observed, public safety and welfare secured and substantial justice done.
3. 
Other matters. To hear and decide all matters referred to it or upon that it is required to pass under this Unified Development Code.
E. 
Vote Required For Action. A concurring vote of four (4) members of the Board of Zoning Adjustment shall be necessary to reverse any order, requirement, decision or determination of any Administrative Official, or to approve any variance under this Unified Development Code, or to decide in favor of the application on any matter that it is required to pass under this Unified Development Code.
F. 
Appeal Of Board Of Zoning Adjustment's Decision.
1. 
Any person or persons, jointly or severally, aggrieved by a decision of the Board of Zoning Adjustment or any officer, department or board of the municipality may present to the Circuit Court of the County a petition duly verified setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Zoning Adjustment.
2. 
Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board of Zoning Adjustment and shall prescribe therein a time within that a return thereto must be made and served upon the relator's attorney, that shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board of Zoning Adjustment and on due cause shown, grant a restraining order.
3. 
The Board of Zoning Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth the other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
4. 
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with the findings of fact and conclusions of law that shall constitute a part of the proceedings upon the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
5. 
Costs shall not be allowed against the Board of Zoning Adjustment unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
6. 
All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.
G. 
Resubmission Of Application. Whenever any application or petition presented has been finally acted upon by the Board of Zoning Adjustment under the provisions of this Unified Development Code, said Board of Zoning Adjustment shall not, for a period of six (6) months from the date of its decision, receive or entertain any identical or similar application seeking the same or similar relief on the same property.
[Ord. No. 1383 §311, 1-6-2003]
The following general requirements apply to all applications under this Development Code:
A. 
Authority To File Applications. Any application for development review or approval under this Unified Development Code shall be filed by the person having legal authority to take action in accordance with the approval sought. That person is presumed to be the record owner, purchaser under a sale from the record owner, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. The City shall be authorized to require proof of legal authority to take the action sought. The Planning and Zoning Commission or the Board of Aldermen may initiate any action under this Unified Development Code with or without an application from the property owner.
B. 
Applications. Applications required under this Chapter shall be submitted on forms provided by the Zoning Officer responsible for accepting the application and in such numbers as required by the City. Applications shall be accompanied by a fee established by the Board of Aldermen to defray the costs of processing applications. Applications shall be reviewed for completeness. If the Zoning Officer determines that the application is complete, the application shall then be processed. If the Zoning Officer determines that it is incomplete, the Zoning Officer shall, within five (5) days, notify the applicant of the specific ways in that the application is deficient.
C. 
Fees. Any application that does not include required information or that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing of the application shall occur until the deficiencies are corrected. Fees shall not be required with applications initiated by the Planning and Zoning Commission, Board of Aldermen or City department heads.
D. 
Application Processing Cycles. The Zoning Officer, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles may include:
1. 
Dates of regular meetings of review bodies and decision-makers;
2. 
Deadlines for receipt of a complete application for consideration of such application at a particular meeting;
3. 
The scheduling of staff reviews and staff reports on complete applications;
4. 
All required steps in the application process (including public hearings, decision meetings and review by other bodies); and
5. 
The publication of required notices of public hearings.
E. 
Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, requirements for the timing of notices and for specifying the time, date and place of public meetings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Chapter.
F. 
Action By Commission And/Or Board As The Case May Be. Decision-makers may take any action on an application that is consistent with any notice given including, but not limited to, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-makers may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in the notice.
G. 
Inaction By Commission Or Board. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law, or unless the applicant requests or agrees to an extension of the time frame. When a decision-maker fails to take action on an application, such inaction shall be deemed a denial of the application, unless the applicant requests or agrees to an extension of the time frame.
H. 
Continuation Of Public Hearings. A public hearing that proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a date and time certain and the date and time is announced at the original public hearing.
I. 
Written Findings. Unless otherwise specifically required by this Unified Development Code or by other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, if expressly made subject to written findings, the decision shall not be final until the findings are adopted. Where an appeal of any quasi-judicial decision has been filed in the Circuit Court of Jackson or Lafayette County in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City and thereafter shall be certified to the Circuit Court as part of the administrative record. The forty-five (45) day time period for adoption and certification of findings may be extended with the permission of the Circuit Court.
J. 
Conditional Approvals. In the consideration of any application authorized by this Unified Development Code, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions, including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, and provision of services and/or facilities, to ensure that adequate public services and facilities are available to meet the need for such services and facilities generated by the development proposed by the application under consideration.
K. 
Criteria For Considering Applications. In considering any application for rezoning, conditional use permit or preliminary development plan, the Commission and the Board of Aldermen may give consideration to the criteria stated below to the extent they are pertinent to the particular application. The Commission and Board of Aldermen may also consider other factors that may be relevant to a particular application.
1. 
The character of the neighborhood.
2. 
The existing and any proposed zoning and uses of adjacent properties, and the extent to which the proposed use is compatible with the adjacent zoning and uses.
3. 
The extent to which the proposed use facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
4. 
The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
5. 
The length of time, if any, the property has remained vacant as zoned.
6. 
The extent to which the proposed use will negatively affect the aesthetics of the property and neighboring property.
7. 
The extent to which the proposed use will seriously injure the appropriate use of, or detrimentally affect, neighboring property.
8. 
The extent to which the proposed use will adversely affect the capacity or safety of the portions of the street network impacted by the use or present parking problems in the vicinity of the property.
9. 
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
10. 
The extent to which the proposed use will negatively affect the values of the property or neighboring properties.
11. 
The extent to which there is a need for the use in the community.
12. 
The economic impact of the proposed use on the community.
13. 
The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this Unified Development Code.
14. 
The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.
15. 
The gain, if any, to the public health, safety and welfare due to approval of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
16. 
The conformance of the proposed use to the Comprehensive Plan, the major street plan, the capital improvements plan and other adopted planning policies.
17. 
The recommendation of professional staff.
18. 
The consistency of the proposed use with the permitted uses and the uses subject to conditions in the district in which the proposed rezoning or conditional use is located.
L. 
Submission Of Technical Studies.
1. 
Technical studies required by Zoning Officer.
a. 
The Zoning Officer may require applicants for rezoning, conditional use permits, site plan and design review or preliminary plats to submit any technical studies that the Zoning Officer deems necessary to enable the Commission or Board of Aldermen to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric plans (for outdoor lighting) or surface water management/drainage studies.
b. 
The persons or firms preparing the studies shall be acceptable to the Zoning Officer. The applicant may appeal the Zoning Officer's determination to the Commission by filing a written notice of appeal with the Zoning Officer within seven (7) days after the Zoning Officer's decision. The Zoning Officer shall transmit the notice of appeal to the Commission, and the Commission shall hear the appeal at the next scheduled Commission meeting. If the Commission affirms the Zoning Officer's determination, the applicant may appeal the decision of the Commission to the Board of Aldermen by filing a written notice of appeal with the Zoning Officer within seven (7) days after the Commission's decision. The Zoning Officer shall transmit the notice of appeal to the Board of Aldermen, and the Board of Aldermen shall hear the appeal at their next regularly scheduled meeting. The costs of all studies shall be borne by the applicant.
2. 
Technical studies required by Commission or Board of Aldermen. Notwithstanding the fact that the Zoning Officer did not require submission of a technical study in support of an application, either the Commission or the Board of Aldermen may require the submission of a technical study prior to taking action on the application.
[Ord. No. 1383 §312, 1-6-2003]
This Section sets out the required review and approval procedures for amendments to the text of this Development Code.
A. 
Initiation Of Application. An application for an amendment to the text of this Unified Development Code may be proposed by the Board of Aldermen or the Planning and Zoning Commission or any department head with responsibility for reviewing development applications.
B. 
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C. 
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the amendment and transmit a written summary of its action and proceedings to the Board of Aldermen. The recommendation of the Planning and Zoning Commission shall contain a statement describing the nature and effect of the proposed amendment and explaining:
1. 
Whether such change is consistent with the intent and purpose of this Development Code;
2. 
The areas that are most likely to be directly affected by the amendment and in what way they will be affected; and
3. 
Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions in the area and zoning districts affected.
D. 
Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall hold a public hearing on the proposed development code amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.
E. 
Notice Of Public Hearings. At least fifteen (15) days' notice of the time and place of scheduled public hearings before the Planning and Zoning Commission and the Board of Aldermen shall be published in a newspaper of general circulation within the City.
F. 
Review Criterion. No amendment to the text of this Unified Development Code shall be approved by the Board of Aldermen that would have the effect of adversely affecting the general health, safety and welfare of the citizens of the City.
[Ord. No. 1383 §313, 1-6-2003; Ord. No. 1420 §1, 11-17-2003]
This Section sets out the required review and approval procedures for amendments to the official Zoning Map (zoning change).
A. 
Application. A complete application for an amendment to the official Zoning Map (zoning change) shall be submitted to the Zoning Officer in a form established by the City along with a fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
B. 
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and applicable review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C. 
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the amendment based on the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.085(F). After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen.
D. 
Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission public hearing, the Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.
E. 
Notice Of Public Hearings.
1. 
Newspaper notice. At least fifteen (15) days' notice of the time and place of scheduled public hearings before the Planning and Zoning Commission and Board of Aldermen shall be published in a newspaper of general circulation within the City.
2. 
Written notice to surrounding property owners. The City shall attempt to notify, by mail, at least fifteen (15) days prior to the scheduled public hearing date, all property owners whose property limits are within one hundred eighty-five (185) feet of the boundaries of the property for which the application is filed. Failure to receive notice by mail does not invalidate any action taken.
3. 
Posted notice. The City shall attempt to post notice on property that is the subject of the application at least fifteen (15) days before the scheduled public hearing. Failure by the City to post such notice shall not invalidate any action taken.
F. 
Review Criteria. In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning and Zoning Commission and Board of Aldermen shall review the proposed amendment in light of the criteria for considering applications contained in Section 405.075(K), as well as the Comprehensive Plan, the general requirements of this Unified Development Code and the following considerations including, but not limited to:
1. 
Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance;
2. 
The ability of the City to lessen congestion in the streets; secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; preserve features of historical significance; facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
3. 
The precedents and the possible effects of such precedents, that might result from approval or denial of the petition;
4. 
The consistency of the application with adopted policies of the City; and
5. 
The zoning and land use recommended within the Comprehensive Plan.
6. 
A site plan, consistent with Section 405.100, is submitted and approved as part of the ordinance approving the amendment to the Zoning Map. The site plan may be submitted at a later date and the ordinance amended to include such approved site plan if development is not immediately forthcoming.
G. 
Protest Petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. If a valid protest petition is submitted to the City ten (10) days prior to Board of Aldermen final action on the application, an amendment to the official Zoning Map (zoning change) shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.
H. 
Successive Applications. In the event that the Board of Aldermen denies an application for an amendment to the official Zoning Map (zoning change), an application for the zoning shall not be refiled for one (1) year from the advertised public hearing date of the Board of Aldermen. The Planning and Zoning Commission, upon petition by the applicant, may permit a refiling of said application after six (6) months from the original Board of Aldermen public hearing date when it determines that significant physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity or a significant development code text amendment has been adopted.
I. 
Adoption By Ordinance — Changes To Official Zoning Map. Amendment to the official Zoning Map (zoning changes) shall be approved by the Board of Aldermen in the form of an ordinance. Approved changes shall be indicated on the official Zoning Map by Zoning Officer promptly after the ordinance authorizing such change is adopted by the Board of Aldermen.
[Ord. No. 1383 §314, 1-6-2003; Ord. No. 1515 §1, 6-5-2006]
This Section sets out the required review and approval procedures for planned unit developments.
A. 
Overview Of Process. The "PUD" review process involves at least two (2) steps: "PUD" concept plan review and "PUD" final plan review. In many cases, land will need to be subdivided in order to carry out a "PUD" plan. The subdivision process, however, is a separate process, although it can run concurrently with (or following the conclusion of) the "PUD" review process of this Section.
1. 
"PUD" concept plan review. During "PUD" concept plan review, the "PUD" concept plan application is reviewed with respect to such issues as density, including the number, type and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the "PUD" project. "PUD" concept plan approval establishes the maximum development envelope for the project with regard to density, lot sizes, overall scale, open space, environmental protection and other land development service provision issues.
2. 
"PUD" final plan review. The "PUD" final plan review stage is the point where applicants bring forward detailed plans for carrying out the type of project approved conceptually during "PUD" concept plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements and conditions have been met. Approval will only be granted if the "PUD" final plan is in substantial conformance with the approved "PUD" concept plan.
B. 
"PUD" Concept Plan.
1. 
Pre-application conference. Before submitting a "PUD" concept plan, the applicant shall confer with the Director of Community Development or designee and other City Officials designated by the Director of Community Development or designee. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.
2. 
Purpose of "PUD" concept plan. A "PUD" concept plan is a generalized land use plan for the entire area proposed to be included within a "PUD". The purpose of a "PUD" concept plan is to allow very early review of a proposed "PUD" plan before substantial technical planning work has been undertaken.
3. 
Procedure. The process for "PUD" concept plan review shall be the same as Section 405.075, General Requirements for All Applications and Section 405.085, Amendment to Official Zoning Map (Zoning Changes) with respect to such items as the application review and notification requirements.
4. 
"PUD" concept plan review criteria. Applications for "PUD" concept plan approval shall be approved if the following criteria are met:
a. 
The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards based on the purpose and intent of this Unified Development Code;
b. 
The "PUD" concept plan is in conformance with the "PUD" standards of Section 405.195 and any standards required as a result of an overlay district;
c. 
The existing or proposed utility services are adequate for the proposed development;
d. 
The development is consistent with and implements the planning goals and objectives of the City as contained in the Comprehensive Plan and other adopted policy resolutions; and
e. 
The "PUD" concept plan is consistent with good general planning practice and the development will promote the general welfare of the City.
5. 
Effect of "PUD" concept plan approval. Approval of a "PUD" concept plan shall constitute acceptance of the overall general planning concepts for the proposed "PUD" development and is a prerequisite for the filing of a "PUD" final plan.
6. 
Lapse of "PUD" concept plan approval. An approved "PUD" concept plan shall lapse and be of no further force and effect if a "PUD" final plan for the "PUD" (or a phase of the "PUD") has not been approved within two (2) years of the date of approval of the "PUD" concept plan.
C. 
"PUD" Final Plan.
1. 
Procedure. The process for "PUD" final plan review shall be the same as Section 405.075, General Requirements for All Applications.
2. 
"PUD" final plan review criteria. A "PUD" final plan shall be approved by the Planning and Zoning Commission if it is determined by the Planning and Zoning Commission to be in substantial compliance with the approved "PUD" concept plan. The "PUD" final plan shall be deemed to be in substantial compliance with the "PUD" concept plan as long as, when compared with the "PUD" concept plan, it does not result in:
a. 
An increase of ten percent (10%) or more in density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre;
b. 
A change in the mix of housing types or the amount of land area devoted to non-residential uses;
c. 
A reduction in the amount of open space;
d. 
Any change to the vehicular system that results in a significant change in the amount or location of streets, common parking areas and access to the "PUD";
e. 
Any change within fifty (50) feet of an "R-2" or less intensive zoning district;
f. 
Any change determined by the Planning and Zoning Commission to represent an increase in development intensity;
g. 
A change in use categories; or
h. 
A substantial change in the layout of buildings.
3. 
Effect of approval — lapse of approval. Approval of a "PUD" final plan shall confer upon the applicant the right to develop the subject property in accordance with the approved "PUD" final plan. The right to develop in accordance with an approved "PUD" final plan shall lapse and be of no further effect if all development shown on the "PUD" final plan is not complete within a time frame established by the Board of Aldermen pursuant to Section 405.090(B)(6). Once approval lapses, the plan is no longer valid.
4. 
Designation of official zoning map. Sites governed by an approved "PUD" final plan shall be designated on the official Zoning Map with the letters "PUD" and a case file locator number for the approved "PUD" final plan.
[Ord. No. 1383 §315, 1-6-2003; Ord. No. 1637 §1, 6-1-2009]
This Section sets out the required review and approval procedures for conditional use permits.
A. 
Application. A complete application for a conditional use permit shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
B. 
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the application in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the applicable review criteria set forth in Section 405.075. The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
C. 
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the request. After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on conditional use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or time frames upon the premises benefited by the conditional use as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose an intent of this Unified Development Code so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use.
D. 
Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission public hearing, the Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.
E. 
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.
F. 
Conditional Use Permits — Standards For Approval.
1. 
Special uses may be approved by action of the Board of Aldermen after recommendation from the Commission using the procedures and standards set forth in Section 405.095. Conditional uses may be approved with conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual special use and other conditions deemed necessary to insure compatibility with surrounding land uses.
2. 
In considering any application for a conditional use permit, the Commission and Board of Aldermen may give consideration to the criteria listed in Section 405.075(K), to the extent they are pertinent to the particular application.
G. 
Conditional Use Permits — Vesting Of Rights.
1. 
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
2. 
A right to continue a specially permitted use shall vest only if the project is constructed and the use actually started.
3. 
The right to continue a special use that was permitted prior to the effective date of this Unified Development Code shall last only as long as specified by the conditional use permit, provided that all conditions of said approval continues to be met.
4. 
As of the effective date of this Unified Development Code, existing permits shall be subject to the provisions for transferability as expressed in this Unified Development Code.
5. 
Uses that are allowed without a conditional use permit prior to the effective date of this Unified Development Code, but are designated as special uses in this Unified Development Code, shall be allowed to continue as non-conforming uses if the requirements of Article IX are satisfied.
H. 
Successive Applications. In the event that the Board of Aldermen takes final action to deny an application for a conditional use permit, an application for the same use shall not be refiled for one (1) year from the advertised public hearing date. The Planning and Zoning Commission, upon petition by the applicant, may permit a refiling of said application six (6) months after the original Planning and Zoning Commission or Board of Aldermen public hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant development code text amendment has been adopted.
I. 
Amendments. The procedure for amending a conditional use permit shall be the same as required for the original approval.
[Ord. No. 1383 §316, 1-6-2003; Ord. No. 1420 §§2 — 3, 11-17-2003; Ord. No. 1515 §2, 6-5-2006]
This Section sets out the required review and approval procedures for obtaining a building permit for construction subject to site plan and design review.
A. 
Uses And Development Subject To Site Plan And Design Review. The Zoning Officer shall not allow a building permit to be issued for any of the following development types until a site plan has been reviewed and approved in accordance with the terms of this Section:
1. 
All development requiring permits except: Signs, single-family units, fences six (6) feet in height or less, renovations and structures in the Agriculture (limited or general) District not in excess of seven hundred fifty (750) square feet.
B. 
Application. A complete application for site plan and design review approval shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
C. 
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed site plan in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.100(G). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
D. 
Review And Recommendation — Planning And Zoning Commission. After reviewing the site plan and architectural drawings, the Planning and Zoning Commission shall act to recommend approval, approval with modifications or denial of the application for site plan and design review based on the criteria set forth in Section 405.100(G). If the Planning and Zoning Commission determines that the application involves a proposed site plan that meets any of the following criteria:
1. 
Property larger than five (5) acres.
2. 
New construction greater than five thousand (5,000) square feet.
3. 
Uses including outdoor activities.
4. 
Uses with hours of operation between the hours of 7:00 P.M. and 7:00 A.M.
5. 
Uses that have a significant impact on public infrastructure.
it may include in its recommendation that the Board of Aldermen provide notice and hold a public hearing on the proposed site plan in its consideration of the application.
E. 
Review And Action — Board Of Aldermen. Within thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall consider the proposed site plan. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed site plan within sixty (60) days of the date of the close of the Board of Aldermen's consideration of the site plan. In the event the Planning Commission has recommended that a public hearing be held on the application pursuant to Section 405.100(D) or the Board of Aldermen determines on its own initiative that a public hearing should be held, the Board of Aldermen shall hold a public hearing on the proposed site plan. Any approval by the Board of Aldermen of an application in which a public hearing is held shall be by ordinance in conjunction with the rezoning of the property, or if not in conjunction with rezoning, as an amendment to the ordinance that previously zoned the property.
F. 
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.
G. 
Review Criteria. In reviewing a site plan and design review application, the Planning and Zoning Commission and the Board of Aldermen shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this Development Code. The Planning and Zoning Commission and the Board of Aldermen shall approve a site plan unless it is determined that the proposed development:
1. 
When completed in accordance with the proposed plan, would not comply with all applicable requirements of this Unified Development Code, including, as applicable, the Non-Residential Design Standards of Section 405.260 would adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonable expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area; is not compatible with existing or permitted uses on abutting sites in terms of building height, setbacks and open spaces, bulk and scale, landscaping, exterior building design features, drainage, access, parking and circulation features;
2. 
Adversely affects traffic control or adjacent properties by inappropriate location, lighting, size, height or types of signs; or
3. 
Will be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for reasons specifically articulated by the Planning and Zoning Commission.
The applicant shall have the burden of demonstrating that the proposal meets the applicable review criteria.
H. 
Issuance Of Building Permits. The Zoning Officer shall not issue a building permit until:
1. 
All necessary site plan and design review approvals have been received; and
2. 
The time period for appeals has expired.
I. 
Revisions To Approved Site Plan And Design Review Plans. The Zoning Officer may approve minor amendments to approved site plans and architectural drawings without the refiling of a new application, but in no event shall Zoning Officer approve the following amendments except through the same process used to approve the original site plan and drawings.
1. 
A ten percent (10%) or greater increase in building height;
2. 
A ten percent (10%) or greater increase in floor area or building coverage when calculated on a total, aggregate project basis;
3. 
A ten percent (10%) decrease in open space; or
4. 
A change in the location of parking lots or spaces.
J. 
Expiration Of Approved Site Plan And Design Review Plans. An approved site plan and design review plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved site plan and design review plan is not filed within one (1) year of the date that the site plan and design review plan is approved.
[Ord. No. 1383 §317, 1-6-2003]
A. 
Building Permit. In accordance with the City Code, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, structural conversion, structural alteration, enlargement, extension, razing or moving of any building or structure or any portion thereof until a building permit has been granted therefore.
B. 
Occupancy Permit. In accordance with the City Code, it shall be unlawful to occupy any building or structure or any portion thereof until an occupancy permit has been granted therefore.
[Ord. No. 1383 §318, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
This Section sets out the required review and approval procedures for vacation of any plat, part of a plat, street, alley, utility easement.
A. 
Application. A complete application for vacation shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not party to the application.
B. 
Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed vacation request in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.110(D) and (E). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
C. 
Notice Of Public Hearing.
1. 
Newspaper notice. Notice of the time and place of scheduled public hearing before the Planning and Zoning Commission shall be published in a newspaper of general circulation at least fifteen (15) days prior to the public hearing.
2. 
Written notice. The City shall attempt to notify by mail all owners of property abutting the proposed area of vacation, holders of any property interests of record and any utility providers with lines in the area to be vacated. Failure to receive notice by mail does not invalidate any action taken.
D. 
Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall consider the vacation request in light of the Comprehensive Plan, the general requirements of this Development Code and the applicable review criteria of Section 405.110(B). After such consideration, the Planning and Zoning Commission shall make a recommendation to approve or disapprove the vacation. The Planning and Zoning Commission recommendation shall be provided to the Board of Aldermen and the applicant at least five (5) days before the meeting that the Board of Aldermen considers the vacation.
E. 
Review And Action — Board Of Aldermen. The Board of Aldermen shall consider the vacation request at a regular meeting. The Board of Aldermen shall approve the application if it determines from the submitted evidence and testimony that:
1. 
Due and legal notice has been given by publication as required herein;
2. 
No private rights will be injured or endangered by the vacation;
3. 
The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants, the application should be granted.
The City may require easements to be provided if deemed necessary for the public good or welfare.
[Ord. No. 1383 §319, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
This Section sets out the required review and approval procedures for use variances and area variances.
A. 
Application Submittal. A complete application for a variance shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
B. 
Review And Action — Board Of Zoning Adjustment. The Board of Zoning Adjustment shall review the variance application and act to approve, approve with modifications or deny the application based upon review criteria set out in this Section. The Board of Zoning Adjustment shall take action on a variance application within a reasonable period of time after application submittal but in no case more than sixty (60) days after receipt of a complete application unless the applicant consents to an extension of the sixty (60) day period. A concurring vote of at least four (4) members of the Board of Zoning Adjustment shall be required to approve any variance request.
C. 
Notice Of Public Hearings. Notification requirements shall be the same as the requirements listed in Section 405.085.
D. 
Review Criteria — Findings Of Fact.
1. 
Use variances. A variance that would have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Zoning Adjustment upon an affirmative finding that all of the following conditions have been met. The Board of Zoning and Adjustment shall make a determination on each condition, and its findings shall be entered in the official record.
a. 
The requested variance arises from conditions that are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
b. 
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
c. 
The strict application of the provisions of the zoning regulations that the variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
d. 
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
2. 
Area variances. A variance that does not have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Zoning Adjustment upon on affirmative finding that all of the following conditions have been met. The Board of Zoning Adjustment shall make a determination on each condition, and its findings shall be entered in the official record.
a. 
The requested variance arises from conditions that are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
b. 
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
c. 
The strict application of the provisions of the zoning regulations of that the variance is requested will constitute a practical difficulty because the property cannot be used for an otherwise permitted use without coming into conflict with applicable site development standards; and
d. 
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
E. 
Conditions Of Approval.
1. 
Conditions. In granting a variance, the Board of Zoning Adjustment may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Development Code. In addition, the Board of Zoning Adjustment may grant a temporary variance with specific time limits.
2. 
Performance bonds. The Board of Zoning Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Zoning Adjustment, and shall be enforceable by or payable to the City in this sum equal to the cost of constructing the required improvements.
3. 
Time limits. In lieu of performance bonds or other conditions, the Board of Zoning Adjustment may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board of Zoning Adjustment may, after reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions.
F. 
Appeals Of Board Of Zoning Adjustment Decisions. Any person aggrieved by a decision of the Board of Zoning Adjustment may present to the Circuit Court of the County a petition duly verified setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date of the Board of Zoning Adjustment's decision on the matter.
[Ord. No. 1383 §320, 1-6-2003]
This Section sets out the required review and approval procedures for written interpretations of the provisions of this Unified Development Code.
A. 
Application Submittal. A complete application for a written interpretation shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
B. 
Review And Action — Zoning Officer. Within twenty (20) days after a complete application for a written interpretation has been submitted, the Zoning Officer shall:
1. 
Review and evaluate the request in light of the text of this Unified Development Code, the official Zoning Maps, the Comprehensive Plan and any other relevant documents;
2. 
Consult with other staff; and
3. 
Render a written interpretation.
C. 
Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.
D. 
Official Record Of Interpretations. The Zoning Officer shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection in the office of the Zoning Officer during normal business hours.
E. 
Appeal Of Zoning Officer's Interpretation. Appeals of the Zoning Officer's written interpretations may be taken to the Board of Zoning Adjustment, in accordance with the procedures of Section 405.125, by filing an appeal with the Zoning Officer within seven (7) days of the date of the Zoning Officer's decision.
[Ord. No. 1383 §321, 1-6-2003]
This Section sets out the required review and approval procedures for appeals of administrative decisions.
A. 
Applicability. The Board of Zoning Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Unified Development Code.
B. 
Right To Appeal. Appeals of administrative decisions may be filed by any person aggrieved or by and officer, department, board or bureau of the municipality affected by any decision of the administrative officer.
C. 
Application Submittal. Applications for appeals of administrative decisions shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
D. 
Time Of Filing Appeal. Appeals of administrative decisions shall be filed within ten (10) days of the date of the decision being appealed.
E. 
Effect Of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to the public welfare, life or property. In such case, proceedings shall not be stayed other than by a restraining order that may be granted by the Board of Zoning Adjustment or by a court of record.
F. 
Action By The Zoning Officer. The Zoning Officer or the official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all papers constituting the record that the action appealed is taken.
G. 
Review And Action — Board Of Zoning Adjustment. Appeals of administrative decisions shall be taken to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Zoning Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Adjustment may reverse or affirm, wholly or partly, or may modify the decision being appealed. If the Board of Zoning Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken with directions to obtain such evidence and to reconsider the decision in light of such evidence. The Board of Zoning Adjustment shall take action on an appeal within a reasonable period of time after application submittal but in no case more than sixty (60) days after receipt of a complete application. A concurring vote of four (4) members of the Board of Zoning Adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official.
H. 
Review Criteria — Findings Of Fact And Conclusions Of Law. An appeal shall be sustained only if the Board of Zoning Adjustment finds that the administrative official erred. Every decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact and conclusions of law specifying the reason for the decision and said written findings shall be filed in the office of the Board of Zoning Adjustment.
I. 
Appeals Of Board Of Zoning Adjustment Decisions. Any person aggrieved by a decision of the Board of Zoning Adjustment may present to the Circuit Court of the County a petition duly verified setting forth that such decision is illegal, in while or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date that the Board of Zoning Adjustment's written decision on the matter is filed in the office of the Board of Zoning Adjustment.
[Ord. No. 1383 §322, 1-6-2003]
A. 
Authority. The Board of Aldermen, by resolution, may direct the Zoning Officer, or other appropriate City staff, not to initiate or not to continue the processing of any development application authorized by this Unified Development Code; provided that, the Board of Aldermen has previously directed City staff to prepare, or obtain consultant assistance in the preparation of, Unified Development Code text amendments contemplated by Section 405.080 of this Unified Development Code or planning policies.
B. 
Procedure. The Board of Aldermen, in the resolution, shall establish the types and nature of development applications with respect to which processing shall be delayed. This decision shall be based upon the likelihood that the proposed Unified Development Code text amendment or planning policy may have an impact on the content and submission requirements and/or consideration of a certain type and/or nature of development applications. The resolution may delay the processing of certain types or nature of, or all, development applications within the entire City or a defined geographic area of the City if it determines that development applications related to property within the defined geographic area covered by the resolution will be impacted by the proposed Unified Development Code text amendment or planning policy.
C. 
Effective Period. The resolution shall establish the period of time within which processing of development applications shall be delayed or discontinued. The period of time set shall not exceed one (1) year from the date of adoption of the resolution; provided that, in no event shall the period set extend beyond the date upon which the Board of Aldermen makes a final decision in its consideration of the Unified Development Code text amendment or planning policy that it has directed City staff to prepare. If the Board of Aldermen determines that a good faith effort is being made to prepare and make a final decision on the Unified Development Code text amendment or planning policy but that no final decision has been made, it may extend the period of time set in the initial resolution for an additional period not to exceed one (1) year.
D. 
Purpose. This Section is designed to preserve the status quo while consideration is given to a Unified Development Code text amendment or planning policy and to prevent the establishment of a new non-conforming situation that will undermine the effect of the Unified Development Code text amendment before it is adopted.
[Ord. No. 1383 §1009, 1-6-2003]
A. 
The Zoning Officer is authorized, as deemed necessary, to prepare administrative guidelines to augment, implement and provide further details and examples of methods and manners of complying with the minimum design standards of this Section and to assist City staff, the Planning and Zoning Commission and the Board of Aldermen in evaluating whether a proposed subdivision complies with the minimum design standards.
B. 
No later than fourteen (14) days in advance of the effective date as set by the Zoning Officer of an administrative guideline, the Zoning Officer shall provide a copy of the administrative guideline to each member of the Board of Aldermen. Upon receipt of the administrative guideline, a majority of the Board of Aldermen may request a review of the administrative guideline and may approve all or a portion of such guidelines by resolution. Any portion reviewed by the Board of Aldermen and not so approved shall not take effect. If the Board of Aldermen does not request review, the administrative guideline shall take effect on the date set by the Zoning Officer. All administrative guidelines that take effect in this manner and have not been previously adopted by the Board of Aldermen shall be adopted by the Board of Aldermen by resolution annually.
[Ord. No. 1383 §323, 1-6-2003]
The provisions of this Unified Development Code are not intended to affect any deed restriction, covenant, easement or any other private agreement relating to or restricting the use of land. Where the provisions of this Unified Development Code are more restrictive than any private restriction, the requirements of this Unified Development Code shall control. Where the provisions of any private restriction are more restrictive than the provisions of this Unified Development Code, the private restrictions shall control, if properly enforced by a person having the legal right to enforce the restrictions. Private restrictions shall not be enforced by the City.
[Ord. No. 1383 §324, 1-6-2003]
A. 
Previously Existing Regulations. Those regulations in effect immediately prior to the effective date of this Unified Development Code shall be referred to in this Unified Development Code as the "previously existing regulations". This Unified Development Code shall be referred to either as "these regulations" or the UDC.
B. 
Administrative Permits. All permits issued by an administrative official or body, or a legislative body acting in an administrative capacity, prior to the effective date of this Unified Development Code shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this Unified Development Code, except as further specified in Article IX.
C. 
Subdivision. Complete applications for preliminary plat(s) submitted prior to the effective date of these regulations shall be processed under the previously existing regulations. Incomplete applications for preliminary plats submitted prior to the effective date of this Unified Development Code, and that are not submitted in a complete form until after the effective date of this Unified Development Code, shall be processed under this Unified Development Code. All applications for subdivision approvals submitted after the effective date of these regulations shall be reviewed pursuant to these regulations. Preliminary or final plat applications, approved under the previously existing regulations, that are allowed to lapse or expire will be subject to reapplication under these regulations.
D. 
Zoning.
1. 
Existing uses may continue either in compliance with these regulations or as legal non-conforming uses subject to the requirements of Article IX.
2. 
Existing lots that do not comply with the requirements of these regulations may be developed pursuant to the requirements of Article IX.
3. 
Applications for proposed new uses submitted after the effective date of this Unified Development Code shall be considered pursuant to these regulations.
E. 
Special Permits. The Zoning Officer shall monitor all outstanding conditional use permits issued under the previously existing regulations and prior to expiration of an existing conditional use permit, the permit holder may, if required under this UDC, apply for a conditional use permit as set forth in Section 405.095.
F. 
Non-Conforming Situations. All non-conforming situations and uses shall be governed by Article IX of this Unified Development Code.