[Ord. No. 2015-13 §1, 3-23-2015[1]]
A.
Five (5) types of exceptions or modifications are provided in this
Chapter to insure flexibility. The types of exceptions or modifications
provided for in this Chapter are as follows:
1.
Conditional use permit, as provided for in Section 400.200, issued by the City Council upon the recommendation of the Planning and Zoning Commission, with conditions or stipulations attached.
2.
Variance, as provided for in Section 400.210, issued by the Board of Adjustment; this is a variation from the strict yard or setback requirements or a deviation from other engineering or technical aspects of the Chapter.
3.
Official Zoning Ordinance or Map amendment, as provided for in Section 400.215, issued by the City Council upon the recommendation of the Planning and Zoning Commission.
4.
Appeal from the decision or determination of the Zoning Administrator, as provided for in Section 400.285 when an error or misinterpretation of the Zoning Administrator has been alleged. The Board of Adjustment shall hear such cases when it is alleged that an error in interpretation or application of this Chapter has been made.
B.
The granting of any conditional use permit, variance or Zoning Map
amendment or Zoning Ordinance text amendment shall not impair the
health, safety, morals, comfort, convenience or welfare of the persons
residing or working in the neighborhood of such use or the public
welfare of the persons residing or working in the neighborhood of
such use.
[1]
Editor's Note: Section 1 of this ordinance replaced former
Art. V, Exceptions and Modifications, Hearing Procedures and/or Appeals,
as adopted and amended by R.O. 2011 §§ 400.195 —
400.295; 400.610; Ord. No. 01-10 § 1(5.01 — 5.21,
12.04), 4-9-2001; Ord. No. 04-25 § 1, 7-26-2004; Ord. No.
08-18 § 1, 4-14-2008; Ord. No. 08-20 § 1, 4-14-2008.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Applications for conditional use permits are available from the City
Clerk or the Zoning Administrator.
B.
An application for a conditional use permit shall be filed with the
City Clerk or the Zoning Administrator in duplicate, accompanied by
the fee as determined by the City.
C.
The City Clerk or Zoning Administrator shall forward the application
to the Planning and Zoning Commission.
D.
The Planning and Zoning Commission shall schedule a public hearing
on a proposed conditional use permit and give at least fifteen (15)
days' public notice of the hearing by publishing the pertinent information
regarding the proposed conditional use permit at least once in the
Trenton Republican Times.
E.
Notice of the hearing and proposed conditional use permit shall be
given to the adjacent property owners at least ten (10) days prior
to the date of the hearing. The City Assessor's current tax records
shall be sufficient for the location or certification of owners of
said properties.
F.
Within thirty (30) days of a hearing on a conditional use permit
application, the Planning and Zoning Commission shall transmit its
recommendations regarding the application to the City Council, in
writing.
G.
The Planning and Zoning Commission shall not recommend approval of,
and the City Council shall not grant, a conditional use permit unless
they find the following facts:
1.
That there are special circumstances or unique conditions affecting
the land, building or use referred to in the application.
2.
That the granting of the application is necessary for the preservation
and enjoyment of substantial property rights.
3.
That the granting of the application will not materially affect
adversely the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not be materially
detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
H.
At the hearing, the applicant shall present a statement and evidence
in such form as the Board may require showing of these facts.
I.
Upon the receipt of the Planning and Zoning Commission's report,
the Council may approve the permit, reject the permit, or refer the
permit back to the Planning and Zoning Commission for further review.
J.
The conditional use permit, once issued, may designate conditions
of operation, specify time limitations and require guarantees in the
granting of use permits in the manner prescribed herein.
K.
Any use permitted under such a permit shall conform to the terms
and conditions of the permit or may be subject to termination by the
City Council, upon the gathering of facts regarding the same at a
public hearing.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Applications for a special event permit are available from the City
Clerk or the Zoning Administrator.
B.
Applications for special event permits may be submitted to the Zoning
Administrator and may be approved and issued by the City Council upon
receipt of a recommendation from the Planning and Zoning Commission.
C.
The Council shall ensure that (if the special event is conducted
at all):
1.
The hours of operation allowed shall be compatible with the
uses adjacent to the activity.
2.
The amount of noise generated shall not disrupt the activities
of adjacent land uses.
3.
The applicants shall guarantee that all litter generated by
the special event be removed at no expense to the City.
4.
The Council shall not grant the permit unless it finds that
the parking generated by the event can be accommodated without undue
disruption to or interference with the normal flow of traffic or with
the right of adjacent and surrounding property owners.
D.
In cases where it is deemed necessary, the Council may require the
applicant to post a bond to ensure compliance with the conditions
of the conditional use permit.
E.
If the permit applicant requests the City to provide extraordinary
services or equipment or if the Code Enforcement Officer otherwise
determines that extraordinary services or equipment should be provided
to protect the public health or safety, the applicant shall be required
to pay to the City a fee sufficient to reimburse the City for the
costs of these services. This requirement shall not apply if the event
has been anticipated in the budget process and sufficient funds have
been included in the budget to cover the costs incurred.
F.
Any use permitted under such a permit shall conform to the terms
and conditions of the permit or may be subject to termination by the
City Council, upon the gathering of facts regarding the same at a
public hearing.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Applications for a variance are available from the City Clerk or
the Zoning Administrator. Applications for variance shall be limited
as follows:
1.
Such application for variance shall be limited to matters pertaining
to height of structures, setback requirements, easements, bulk, density
and area requirements.
2.
Also to location of easements or extension of roadways or sidewalks
within another public right-of-way.
3.
The granting of a variance shall be limited to those cases where
a unique or special hardship would be created or would befall the
applicant for said variance, if the variance were not granted. A unique
or special hardship shall not consist of loss of property value or
loss of initial investment, but instead shall relate to the use of
the property where special circumstances such as the shape of a lot,
its boundaries, topography, narrowness or other special circumstance
where the strict application of the rules set forth in this Chapter
would otherwise prevent a reasonably prudent plan of development for
the said property.
B.
An application for a variance shall be filed with the City Clerk
or the Zoning Administrator in duplicate, accompanied by the fee as
determined by the City Council.
C.
The City Clerk or Zoning Administrator shall forward the application
to the Board of Adjustment.
D.
The Board of Adjustment shall schedule a public hearing on a proposed
variance and give at least fifteen (15) days' public notice of the
hearing by publishing the pertinent data regarding the variance at
least once in the Trenton Republican Times.
E.
Notice of the hearing and proposed variance shall be given to the
adjacent property owners at least ten (10) days prior to the date
of the hearing. The City Assessor's current tax records shall be sufficient
for the location or certification of owners of said properties.
1.
Within thirty (30) days of a hearing on a variance application,
the Board of Adjustment shall render a decision. On applications involving
a request for a variance, the decision of the Board of Adjustment
is final.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Applications for a Zoning Ordinance or Map amendment are available
from the City Clerk or the Zoning Administrator. Such amendments may
also be requested by the City Council or City staff, in which case,
no application is necessary.
B.
An application for a Zoning Ordinance or Map amendment shall be filed
with the City Clerk or the Zoning Administrator in duplicate.
C.
The City Clerk or Zoning Administrator shall forward the application
to the Planning and Zoning Commission.
D.
The Planning and Zoning Commission shall schedule a public hearing
on a proposed Zoning Ordinance or Map Amendment and give at least
fifteen (15) days' public notice of the hearing by publishing the
pertinent data regarding the amendment at least once in the official
newspaper.
E.
Notice of the hearing and proposed amendment shall be given to the
adjacent property owners at least ten (10) days prior to the date
of the hearing. The City Assessor's current tax records shall be sufficient
for the location or certification of owners of said properties.
1.
Within thirty (30) days of a hearing on a Zoning Ordinance or
Map Amendment application, the Planning and Zoning Commission shall
transmit its recommendations regarding the application to the City
Council, in writing.
2.
Upon the receipt of the Planning and Zoning Commission's report,
the Council may approve the Zoning Ordinance or Map Amendment with
a two-thirds majority vote, reject the amendment with less than a
two-thirds majority vote, or refer the amendment back to the Planning
and Zoning Commission for further review.
F.
Such Zoning Ordinance or Map Amendment may:
1.
Transfer land or a portion thereof from the district in which
it is situated into another district by amendment to this Chapter.
2.
Change any of the regulations of this Chapter as to the use
or platting of land in any district or as to the restrictions upon
buildings or structures and their placement thereon by amendment to
this Chapter.
3.
Such a Zoning Map or ordinance amendment may only be approved
if the following conditions are met:
a.
It is apparent that a mechanical mistake was made when the Zoning
Map was approved.
b.
At the time the City land use development plan was approved
by the City, a judgmental error was made.
c.
Unforeseeable changes have occurred which have altered the City
land development plan and that plan has been amended.
d.
The proposed rezoning changes the land use to one which is more
consistent with the land use plan.
[Ord. No. 2015-13 §1, 3-23-2015]
Such regulations, restrictions, and boundaries may from time
to time be amended, supplemented, changed, modified or repealed. In
case, however, of a protest against such change 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, such amendment shall not become
effective except by the favorable vote of two-thirds (2/3) of all
the members of the City Council. The provisions of Section 89.050,
RSMo., relative to public hearing and official notice shall apply
equally to all changes or amendments.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Applications for exceptions or modifications under this Chapter will
be accepted only from persons having the legal authority to take action
in accordance with such exception or modification. By way of illustration,
in general this means that applications should be made by the owners
or lessees of property or their agents or persons who have contracted
to purchase property contingent upon their ability to acquire the
necessary permits under this Chapter or the agents of such persons
(who may make application in the name of such owners, lessees or contract
vendees).
[Ord. No. 2015-13 §1, 3-23-2015]
A.
To minimize development planning costs, avoid misunderstanding or
misinterpretation and ensure compliance with the requirements of this
Chapter, preapplication consultation between the developer and the
City's administrative staff is encouraged or required as provided
in this Section.
B.
Before submitting an application for a conditional use permit authorizing
a development that consists of or contains a major subdivision, the
developer shall submit to the Zoning Administrator a sketch plan of
such subdivision, drawn approximately to scale [one (1) inch equals
one hundred (100) feet]. The sketch plan shall contain:
1.
The name and address of the developer;
2.
The proposed name and location of the subdivision;
3.
The approximate total acreage of the proposed subdivision;
4.
The tentative street and lot arrangement;
5.
Topographic lines; and
6.
Any other information the developer believes necessary to obtain
the informal opinion of the City's administrative staff as to the
proposed subdivision's compliance with the requirements of this Chapter.
C.
Before submitting an application for any other permit, developers
are strongly encouraged to consult with the City's administrative
staff concerning the application of this Chapter to the proposed development.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Plat and preliminary plat approvals, variances, conditional use and
sign permits shall expire automatically if, within one (1) year after
the issuance of such permits:
1.
The use authorized by such permits has not commenced, in circumstances
where no substantial construction, erection, alteration, excavation,
demolition or similar work is necessary before commencement of such
use; or
2.
Less than ten percent (10%) of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 400.240) this requirement shall apply only to the first phase.
3.
No extension in the permitted time allowance has been granted
by the permit-granting authority. Time extensions shall not be granted
for periods longer than six (6) months and are limited to two (2)
consecutive extensions.
B.
If, after some physical alteration to land or structures begins to
take place, such work is discontinued for a period of one (1) year,
then the permit authorizing such work shall immediately expire.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
If a development is constructed in phases or stages in accordance
with this Section, then the provisions of this Chapter restricting
the occupancy, use or sale of lots until requirements fulfilled shall
apply to each phase as if it were the entire development.
B.
As a prerequisite to taking advantage of the provisions of Subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Chapter that will be satisfied with respect to each phase or stage.
C.
If a development that is to be built in phases or stages includes
improvements that are designed to, relate to, benefit or be used by
the entire development (such as a swimming pool or tennis courts in
a residential development), then, as part of his or her application
for development approval, the developer shall submit a proposed schedule
for completion of such improvements. The schedule shall relate completion
of such improvements to completion of one (1) or more phases or stages
of the entire development. Once a schedule has been approved and made
part of the permit by the permit-issuing authority, no land may be
used, no buildings may be occupied and no subdivision lots may be
sold except in accordance with the schedule approved as part of the
permit.
D.
The permit-issuing authority may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to Subsection (A) or (B) if it concludes that:
1.
The permit has not yet expired;
2.
The permit recipient has proceeded with due diligence and in
good faith; and
3.
Conditions have not changed so substantially as to warrant a
new application. Successive extensions may be granted for periods
up to six (6) months upon the same findings. All such extensions may
be granted without resort to the formal processes and fees required
for a new permit.
E.
For purposes of this Section, the permit within the jurisdiction
of the Council or the Board of Adjustment is issued when such Board
votes to approve the application and issue the permit. A permit within
the jurisdiction of the Zoning Administrator is issued when the earlier
of the following takes place:
1.
A copy of the fully executed permit is delivered to the permit
recipient and delivery is accomplished when the permit is hand delivered
or mailed to the permit applicant; or
2.
The Zoning Administrator notifies the permit applicant that
the application has been approved and that all that remains before
a fully executed permit can be delivered is for the applicant to take
certain specified actions, such as having the permit executed by the
property owner so it can be recorded if required by State Statute
or local ordinance.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Variance, conditional use, planned unit development, and sign permits
authorize the permittee to make use of land and structures in a particular
way. Such permits are transferable. However, so long as the land or
structures or any portion thereof covered under a permit continues
to be used for the purposes for which the permit was granted, then:
1.
The terms and requirements of the permit apply to and restrict
the use of land or structures covered under the permit, not only with
respect to all persons having any interest in the property at the
time the permit was obtained, but also with respect to persons who
subsequently obtain any interest in all or part of the covered property
and wish to use it for or in connection with purposes other than those
for which the permit was originally issued.
[Ord. No. 2015-13 §1, 3-23-2015]
Recognizing that inordinate delays in acting upon appeals or
applications may impose unnecessary costs on the appellant or applicant,
the City shall make every reasonable effort to process appeals and
permit applications as expeditiously as possibly, consistent with
the need to ensure that all development conforms to the requirements
of this Chapter.
[Ord. No. 2015-13 §1, 3-23-2015]
The recipient of any zoning, variance, conditional use or sign
permit or his or her successor shall be responsible for maintaining
all common areas, improvements or facilities required by this Chapter
or any permit issued in accordance with its provisions, except those
areas, improvements or facilities with respect to which an offer of
dedication to the public has been accepted by the appropriate public
authority. As illustrations and without limiting the generality of
the foregoing, this means that private roads and parking areas, water
and sewer lines and recreational facilities must be properly maintained
so that they can be used in the manner intended, and required vegetation
and trees used for screening, landscaping or shading must be replaced
if they die or are destroyed.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Before making a decision on an appeal or an application for any action
defined under this Chapter, the Board of Adjustment or the City Council,
as the case may be, shall hold a hearing on the appeal or application.
B.
Subject to Subsection (C), the hearing shall be open to the public and conform with the Missouri Open Meetings Laws, Chapter 610, RSMo., and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
C.
The Board of Adjustment or City Council may place reasonable and
equitable limitations on the presentation of evidence and arguments
and the cross-examination of witnesses so that the matter at issue
may be heard and decided without undue delay.
D.
The Board of Adjustment or City Council may continue the hearing
until a subsequent meeting and may keep the hearing open to take additional
information up to the point a final decision is made. No further notice
of a continued hearing need be published unless a period of six (6)
weeks or more elapses between hearing dates.
E.
Notice shall be provided as described in this Chapter.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
The provisions of this Section apply to all hearings required by
this Chapter.
B.
All persons who intend to present evidence to the permit-issuing
board, rather than arguments only, shall be sworn.
C.
All findings and conclusions necessary to the issuance or denial
of the requested permit or appeal (crucial findings) shall be based
upon reliable evidence. Competent evidence (evidence admissible in
a court of law) shall be preferred whenever reasonably available,
but in no case may crucial findings be based solely upon incompetent
evidence unless competent evidence is not reasonably available, the
evidence in question appears to be particularly reliable and the matter
at issue is not seriously disputed.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
In response to questions or comments by persons appearing at the
hearing or to suggestions or recommendations by the City Council or
Board of Adjustment, the applicant may agree to modify his or her
application, including the plans and specifications submitted.
B.
Any act constituting a violation of the provisions of this Chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional use permits, shall also subject the offender to a civil penalty of fifty dollars ($50.00). If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the City in a civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation in accordance with Article VI, Section 400.310(B), and did not take an appeal to the Board of Adjustment within the prescribed time.
C.
This Chapter may also be enforced by any appropriate equitable action.
D.
Each day that any violation continues after notification by the Administrator
that such violation exists shall be considered a separate offense
for purposes of the penalties and remedies specified in this Section.
E.
This Chapter may also be enforced by prosecuting the violator in
Municipal Court for such violations.
F.
Any one, all or any combination of the foregoing penalties and remedies
may be used to enforce this Chapter.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Any decision made by the Board of Adjustment or City Council regarding
an appeal or variance or issuance of a conditional use permit, as
appropriate, shall be reduced to writing and served upon the applicant
or appellant and all other persons who may make a written request
for a copy.
B.
In addition to a statement of the Board of Adjustment or City Council's
ultimate decision on a case and any other information deemed appropriate,
the written decision shall state the Board's findings and conclusions,
as well as supporting reasons, facts and conclusions, whenever this
Chapter requires the same as a prerequisite to taking action.
[Ord. No. 2015-13 §1, 3-23-2015]
A.
Any person or persons, or any board, taxpayer, department, or bureau
of the municipality aggrieved by the decision of the Council may seek
remedy by the following methods:
1.
In the case of an application for conditional use permit or
zoning amendment, the applicant may appeal directly to the Circuit
Court of competent jurisdiction.
2.
For appeals regarding the action(s) of the Zoning Administrator
or in matters regarding a variance, the aggrieved party shall appeal
to the City Council for dispensation. In the case where a variance
is before the Planning and Zoning Commission, the final decision on
the issuance or a denial of the variance request shall rest with the
City Council.
