[R.O. 1992 § 400.260; CC 1984 § 42.400; Ord. No. 1074-86 § 1, 1-21-1986; Ord. No. 2398-11 § 1, 3-15-2011; Ord. No. 2415-11 § 1, 9-20-2011]
A.
Zoning Inspector. There is hereby created the position of Zoning
Inspector. The Governing Body of the City of Camdenton shall designate
a City employee as the Zoning Inspector.
B.
Duties. It shall be the duty of the Zoning Inspector to enforce this
Chapter. The Zoning Inspector shall receive applications required
by this Chapter and issue permits. He/she shall examine properties
for which permits have been issued, and shall make necessary inspections
to see that the provisions of law are complied with. He/she shall
enforce all laws relating to land use, including location of buildings
and structures, except as may be otherwise provided for. He/she shall,
when the interests of the City so require, make investigations in
connection with matters referred to in this Chapter. For the purpose
of enforcing compliance with law, he/she shall issue such notices
or orders as may be necessary.
C.
Rules. For carrying into effect its provisions, the Zoning Inspector
may adopt rules consistent with this Chapter.
D.
Records. The Zoning Inspector shall keep careful and comprehensive
records of applications, of permits issued, of inspections made, of
reports rendered, and of notices or orders issued.
E.
Permits.
1.
Land Use Permits. A land use permit, including fill, excavation
and/or blasting must be obtained from the Zoning Inspector for any
agricultural, residential, commercial or industrial use of land on
which no building or structure is to be erected.
2.
Application For A Permit. An application for a permit shall
be submitted in such form as the Zoning Inspector may prescribe. Such
application shall describe briefly the proposed work and shall give
such additional information as may be required by the Zoning Inspector
for an intelligent understanding of the proposed work. Such application
shall be accompanied by payment of such fees as the Governing Body
may establish. There shall also be filed a plot diagram in a form
and size suitable for filing permanently with the permit record, drawn
to scale, with all dimensions figured, showing accurately the size
and exact location of all proposed new construction and of all existing
buildings. Where no building or structure is to be erected, the applicant
shall state on the application for a permit, the nature of the proposed
use of the land.
3.
Commencement Of Construction. Any land use permit issued hereunder
shall provide that commencement of the construction covered by the
permit shall commence within three (3) months from the date of the
issuance of said permit and that all work contemplated by said permit
shall be completed within one (1) year from the date of issuance of
said permit.
F.
Amendments To Applications. Nothing in this Section shall prohibit
the filing of amendments to an application at any time before the
completion of the work for which the permit was sought. Such amendments,
after approval, shall be filed with and be deemed a part of the original
application.
G.
Action On Application. If, after examination of the application for
permit, the Zoning Inspector finds no objection to the same and it
appears that the proposed work will be in compliance with the laws
and ordinances applicable thereto, he/she shall approve such application
and issue a permit for the proposed work as soon as practicable. If
his/her examination reveals otherwise, he/she will reject such application,
noting his/her findings in a report to be attached to the application
and delivering a copy to the applicant.
H.
Condition Of The Permit. All work performed under a permit issued
by the Zoning Inspector shall conform to the approved application
and plans, and approved amendments thereof. The location of all new
construction as shown on the approved plot diagrams, or an approved
amendment thereof, shall be strictly adhered to. It shall be unlawful
to reduce or diminish the area of a lot or plot of which a plot diagram
has been filed and has been used as the basis for a permit, unless
a revised plot diagram showing the proposed change in conditions shall
have been filed and approved; provided that this shall not apply when
the lot is reduced by reason of a street opening or widening or other
public improvement. It shall be unlawful to change the use of land
for which a Land Use Permit has been issued until a revised Land Use
Permit has been obtained.
I.
Revocation. The Zoning Inspector may revoke a permit or approval issued under the provisions of this Chapter in case the work performed under the permit is not in conformance with the permit or condition of the permit as specified in Subsection (H) above, or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
[Ord. No. 2692-18, 2-20-2018]
A.
Purpose.
1.
It is the intent and purpose of this Section to establish a
procedure which will enable the City to plan for and review certain
proposed improvements of property within specified zoning districts
of the City to:
a.
Implement community policies on physical development;
b.
Provide for efficient, rational allocation of scarce facilities
and resources;
c.
Promote economy and efficiency in the provision and improvement
of municipal services through the regulation of development;
d.
Ensure the orderliness, quality, and character of the development
of property in the City, prevent foreclosure of future development
opportunities, and facilitate coordination of land usage with planned
and available facilities and resources; and
2.
The site planning review requirements of this Section are designed
to ensure the orderly and harmonious development of such property
in a manner that shall:
a.
Promote the most beneficial relation between present and proposed
future uses of land and the present and proposed future circulation
of traffic throughout the City;
b.
Permit present development of property commensurate with fair
and orderly planning for future development of other properties in
the various areas of the City with respect to the availability and
capacity, present and foreseeable, of public facilities and services.
The factors to be considered in arriving at a conclusion concerning
proposed present development of property shall include the following:
(1)
The maximum population density for the proposed
development, the proposed density of use, and consideration of the
effect the proposal will have on the capacity of existing water and
sanitary sewer lines to the end that existing systems will not become
overloaded or capacity so substantially decreased that site use will
inhibit or preclude planned future development;
(2)
Zoning restrictions at the time of the proposal;
(3)
The City's Comprehensive Plan;
(4)
The City's plans for future construction and provision
for public facilities and services; and
(5)
The facilities and services already available to
the area which will be affected by the proposed site use;
c.
Encourage adequate provision for surface and subsurface drainage,
in order to ensure that future development and other properties in
various areas of the City will not be adversely affected;
d.
Provide suitable screening of parking, truck loading, refuse
disposal, and outdoor storage areas from adjacent residential districts;
e.
Preserve the character within identified special districts;
and
f.
Encourage the preservation of canopied areas and mature trees
and require mitigation for the removal of trees;
3.
This review supplements and does not replace any existing reviews
or approvals required under this Section or other ordinances.
B.
Application Of Site Plan Review.
1.
Construction Of Terms. For the purposes of this Section, "development"
is defined to be the placement of buildings and other structures,
redevelopment, substantial improvements and building additions, paved
areas, drainage and utility improvements, lighting and other appurtenances
related to any uses subject to site plan review.
2.
Uses Exempt From Site Plan Review. The site plan review requirements
of this Section shall be required for all development proposals in
the City, except for the following zoning districts and uses which
are not subject to the procedures of this Section. However, the uses
listed below are subject to all other requirements imposed by the
zoning district or other City standards and ordinances:
a.
Attached and detached single-family dwellings placed on single
lots.
b.
Attached and detached two-family dwellings placed on single
lots.
c.
Nonresidential buildings or paving projects with a total disturbed
area of ten thousand (10,000) square feet or less.
d.
Fire stations and other public buildings owned and operated
by the City.
e.
Publicly owned parks, playgrounds, golf courses, and recreation
areas.
f.
General agricultural operations as permitted, provided that retail sales are limited to temporary roadside stands as permitted in Section 400.080, "A-1" General Agricultural District.
g.
Wireless Communication Facilities. Instead, wireless communication facilities are subject to the regulations of Section 400.250.
h.
Uses of land or structures customarily incidental to and subordinate
to those uses set forth in this Chapter.
C.
Pre-Application Conference.
1.
Before submitting such application, the developer shall contact
the Zoning Inspector to set a meeting comprised of City staff, including
the Zoning Inspector, City Administrator, City Engineer, Fire Official,
Public Works representative, other relevant City departments, and
administrative assistant, if necessary, to record detailed notes.
The purpose of the meeting shall be to:
a.
Discuss the feasibility of the proposal;
b.
Provide the developer with information and guidance regarding
applicable City ordinances, specifications, standards and procedures,
before the developer enters into binding commitments or incurs substantial
expenses; and
c.
Discuss special site considerations and the flexibility criteria
in Table 400.170.E, working with the developer to meet the intent
of the Comprehensive Plan while allowing flexibility where typical
zoning districts may not allow.
2.
The City may set regular schedules for pre-application meetings
or on an as-needed basis. In preparation for the meeting and to obtain
the most accurate guidance from City staff, the developer shall bring
sufficient materials that show:
a.
The general location of the project;
b.
The proposed uses and buildings;
c.
The general site design, including buildings parking, open spaces,
and drainage;
d.
Location of natural resources, floodplains, and slopes on the
subject property; and
e.
Any other information the Zoning Inspector may request prior
to the meeting.
3.
Comments from the committee, as may be necessary, shall be provided
to the developer. The comments shall overview the requirements for
the development and discussed flexibility criteria. The developer
has the option to schedule subsequent pre-application meetings with
City staff before preparing an application to the Planning and Zoning
Commission. The developer is encouraged to contact adjoining property
owners to inform them of the plan to submit a development proposal.
D.
Required Information.
1.
An application for site plan review shall be submitted and approved
before issuing building permits for development in accordance with
this Section. The Zoning Inspector shall review the application within
five (5) business days to verify it is complete. Incomplete application
shall be returned to the applicant with comments on the items needed
to begin development review.
2.
Contents. An application for a site plan review shall include
the following information:
a.
Name and address of the applicant.
b.
Owner, address, and legal description of the property.
c.
Photographs reflecting existing site conditions and suggested
site improvements.
d.
A description of the existing structures and uses on surrounding
properties.
e.
Elevations for street front and two (2) sides showing preliminary
material types and color, as applicable for building design review.
f.
A site plan, drawn to scale, shall show the following information:
(1)
The date, scale of at least one (1) inch equals
twenty (20) feet, North point, title, name of owner, and name of person
preparing the site plan;
(2)
The boundaries of the proposed property for development;
(3)
Topographic features of the site, including major
existing natural features and contour lines, and proposed grading
plans;
(4)
Proposed building uses, height, dimensions, setbacks
from property lines, and floor areas;
(5)
Parking areas, capacity, and access drives;
(6)
Streets abutting or within the proposed development;
(7)
For multifamily and non-residential development, a landscaping plan showing the location, amount, and type of any proposed landscaping, fences, walls, and other screening, prepared and signed by a landscape architect, architect, or engineer registered in Missouri. Fencing shall be allowed as per the standards of Section 400.280. If no fences are intended, the plan shall specifically state that no fences are to be allowed;
(8)
Location, size and type of any existing and proposed
signs;
(9)
Amount of open space provided;
(10)
Common land, detention basins, recreation areas,
parks, school sites, and any other amenities, including any area to
be dedicated to a governmental entity with its written acknowledgement
of such dedication;
(11)
Existing and proposed utilities and other easements,
including water, sewer, stormwater, site lighting and other items
as deemed necessary by the City; and
(12)
A summary of the project, including gross site
area, net site area, number of housing units by type, gross floor
area of other uses, total amount of parking, and building and impervious
surface percentages.
E.
Administrative Site Plan Review. When a site plan proposes development
that disturbs two (2) acres or less of site area, the site plan shall
be submitted and reviewed administratively under the following procedure:
1.
A subdivision of property that includes two (2) acres or less of site area and more than four (4) lots shall not be required to submit a separate site plan for review but shall proceed per Chapter 405, Subdivision Regulations.
2.
After completion of the pre-application conference as required by Subsection (C) of this Section, and if the applicant wishes to proceed with the development of the property as discussed at such conference, he/she shall prepare a development site plan and submit a site plan application to the Zoning Inspector. The site plan shall contain all the information required by Subsection (D) of this Section unless otherwise waived by the Zoning Inspector. The site plan shall be accompanied by a cover letter requesting review and approval of such plan and by payment of any fees in the amount set by the City.
3.
The Zoning Inspector shall forward the application to other
City departments for comment. The Zoning Inspector shall review the
site plan for conformance with the standards and criteria of this
Section and zoning district requirements of this ordinance and approve,
approve with conditions, or deny the application within 30 days of
submittal.
4.
The Zoning Inspector may require modification of a site plan
as a condition for approval. If the site plan is approved subject
to specific conditions, the applicant shall be required to revise
the plan in accordance with those conditions and resubmit the plan
for review by the Zoning Inspector for conformance with such conditions.
The Zoning Inspector shall act on all resubmitted plans within five
(5) business days of their receipt.
5.
When applicable, a site plan submitted pursuant to this Section shall be combined with the plans required and regulations applicable to development in the "PUD" Planned Unit Development District and the "PUD-MH" Mobile Home Planned Unit Development District, Section 400.170, which may also require recommendation by the Planning and Zoning Commission and action by the Board of Aldermen.
6.
A site plan submitted with an application for amendment to this Chapter shall be subject to review by the Planning and Zoning Commission and decision by the Board of Aldermen, under the procedures of Section 400.360 and criteria in this Chapter.
7.
If the site plan is approved, the applicant shall submit a paper
copy thereof and a digital copy in PDF format to the Zoning Inspector,
who shall cause his/her written verification of approval to be affixed
on such copy along with the date of approval.
8.
The City shall retain the duly certified copy in the department's
permanent files and shall transmit without charge a copy of the approved
plan to the applicant, provided that additional copies shall be provided
upon request at cost. The applicant shall be responsible for the securing
and submittal of duly certified copies of the approved site plan as
required to secure building and other permits in accordance with this
Chapter or State law.
F.
Administrative Referral To The Planning And Zoning Commission. The Zoning Inspector may refer a site plan application to the Planning and Zoning Commission for their review in accordance with Subsection (G) of this Section when:
1.
Discretion is required as to the appropriateness and level of
conformity of the site plan with the standards of this Section and
the policies and objectives of City plans; or
2.
It is the determination of the Zoning Inspector or other City
departments that the site exhibits unique characteristics, location,
or design requests that require additional review or interpretation
in which the public would benefit from notification and public hearing
by the Planning and Zoning Commission.
G.
Planning And Zoning Commission Site Plan Review. When a site plan
proposes development that disturbs over two (2) acres of site area,
the site plan shall be submitted and reviewed by the Planning and
Zoning Commission under the following procedure:
1.
A subdivision of property that includes over two (2) acres of site area and more than four (4) lots shall not be required to submit a separate site plan for review but shall proceed per Chapter 405, Subdivision Regulations.
2.
After completion of the pre-application conference as required by Subsection (C) of this Section, and if the applicant wishes to proceed with the development of the property as discussed at such conference, he/she shall prepare a development site plan and submit a site plan application to the Zoning Inspector. The site plan shall contain all the information required by Subsection (D) of this Section unless otherwise waived by the Zoning Inspector. The site plan shall be accompanied by a cover letter requesting review and approval of such plan and by payment of any fees in the amount set by the Board of Aldermen.
3.
The Zoning Inspector shall review the site plan for conformance
with the standards and criteria of this Section and zoning district
requirements of this ordinance and provide a report to the Planning
and Zoning Commission to consider at a public hearing as provided
by law.
5.
The Planning and Zoning Commission shall act on each application
at the nearest meeting to the date of filing, provided that such application
is submitted at least twenty-five (25) days prior to the next scheduled
meeting.
6.
The Planning and Zoning Commission may require modification
of a site plan as a condition for approval. If the site plan is approved
subject to specific conditions, the applicant shall be required to
revise the plan in accordance with those conditions and resubmit the
plan for review for conformance with such conditions. The Planning
and Zoning Commission shall act on all resubmitted plans at the next
meeting unless otherwise specified at the initial public hearing.
H.
Permits. No building permit shall be issued until a site plan is
approved as described in this Section and all other regulations of
this Title are met.
I.
Approval Criteria.
1.
Findings Of Fact. The Zoning Inspector and/or Planning and Zoning
Commission shall make the following findings before approval of the
site plan:
b.
The building design conforms to the procedures and design and site review criteria established in Section 410.080, as applicable.
c.
Any required modifications to the site plan are reasonable and
are the minimum necessary to minimize potentially unfavorable effects.
d.
The site plan conforms to all zoning district regulations and
City Comprehensive Plan.
2.
Approval Remains With The Property. An approval pursuant to
this Section shall apply to the property on which the approval is
granted, regardless of the subsequent sale or conveyance of property
to a new property owner, until the expiration date of such approval.
J.
Modification Of Site Plan. The Zoning Inspector (or the Planning
and Zoning Commission, as applicable), may require modification of
a site plan as a prerequisite for approval. Required modifications
may be more restrictive than base district regulations and may include,
but not be limited to, additional landscaping or screening, designation
of building materials, installation of erosion control measures, improvement
of access or circulation, rearrangement of structures on the site,
or other modifications deemed necessary to protect the public health,
safety, welfare, community character, property values, and/or aesthetics
in accordance with the City Comprehensive Plan.
K.
Appeal To Board Of Adjustment. The applicant aggrieved by a decision of the Zoning Inspector or the Planning and Zoning Commission to approve or deny a site plan or amendment thereto pursuant to this Section shall have the right to appeal any determination or action in accordance with the procedures in Section 400.340.
L.
Term, Resubmissions, And Amendments.
1.
Term.
a.
A site plan approval shall become void three hundred sixty-five
(365) days after the date of Zoning Inspector or Planning and Zoning
Commission approval, unless the applicant receives a building permit
and diligently carries out development prior to the expiration of
this period.
b.
The Zoning Inspector may revoke a site plan approval if he/she
determines that the development is not complying with the terms and
conditions of the approval.
2.
Resubmissions. Resubmission of a site plan due to amendments
required or made to the plan as previously submitted may be made twice
without additional fee. Thereafter, the resubmitted site plan shall
not be considered until the applicant has deposited with the City
Clerk a resubmission fee in the amount set by the Board of Aldermen.
3.
Amendments.
a.
An amendment to a previously approved site plan shall not be
considered by the Zoning Inspector or Planning and Zoning Commission
until the applicant has deposited with the City Clerk an amendment
fee in the amount set by the Board of Aldermen.
b.
The Zoning Inspector may approve an amendment to a previously
approved site plan if such amendment does not alter the building location
or change more than twenty-five percent (25%) of the exterior features
(in terms of total area or total number), including, but not limited
to, parking and landscaping which were designated on the Planning
and Zoning Commission-approved site plan. Typical examples of such
amendments include parking lot reconfigurations, moving a loading
dock location, switching tree locations or tree species and minor
adjustments to the building such as door and window relocations or
facade alterations. In no case shall such amendments be allowed if
they would cause the site plan to become non-compliant regarding minimum
parking, landscaping or other requirements of this Chapter.
M.
Site Plan Review Criteria. The review criteria used to determine
conformance with the standards of this Section shall include, but
are not limited to, those that are applicable to the respective zoning
district, use and site, or building type. The proposed development
shall conform to all applicable provisions of state law and all applicable
Sections of this Chapter, in addition to the site plan review criteria
listed in Table 400.330.L.[2]
[2]
Editor's Note: Table 400.330.L is included as an attachment
to this Chapter.
[R.O. 1992 § 400.270; CC 1984 § 42.410; Ord. No. 1412-92 § 1, 2-18-1992; RSMo. 89.120; Ord. No. 1748-99 § 1, 5-4-1999; Ord. No. 1894-02 § 1, 6-4-2002]
A.
Appointment, Term, Vacancies, Organization. The Board of Aldermen
shall provide for the appointment of a Board of Adjustment, and in
the regulations and restrictions adopted pursuant to the authority
of Sections 89.010 to 89.140, RSMo., may provide that the Board of
Adjustment may determine and vary their application in harmony with
their general purpose and intent in accordance with general or specific
rules therein contained. The Board of Adjustment shall consist of
five (5) members, who shall be residents of the City. The membership
of the first Board 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 Board of Aldermen upon written
charges and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose term becomes vacant.
B.
Procedure. The Board shall organize and elect a Chairman, Vice Chairman,
and Secretary from its membership to serve for a term of one (1) year.
The Board shall then adopt rules for its own government in accordance
with this Chapter. Meetings shall be held at the call of the Chairman
and at such times as the Board deems advisable. The Chairman, or in
his/her absence the Vice Chairman, may administer oaths and the Board
may compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The Secretary shall keep minutes of the
proceedings, indicating the vote of each member on each question,
or if absent or failing to vote, so note. Also the Secretary shall
keep records of the Board's examination and other official actions,
all of which are to be immediately filed in the office of the Board
and become public record. The Secretary shall conduct all official
correspondence and supervise the clerical work of the Board. Four
(4) members of the Board shall constitute a quorum. The Board shall
act by resolution; and the concurring vote of four (4) members of
the Board shall be necessary to reverse any order, requirement, decision
or determination of the Board from which there has been an appeal.
[Ord. No. 2885-21, 9-6-2021]
C.
Power Of The Board. The Board shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error
in any order, requirements, decision or determination made by the
Zoning Inspector, in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which
it is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land so that the
spirit of the Chapter shall be observed, public safety and welfare
secured and substantial justice done.
D.
Appeals To The Board. Appeals to the Board may be taken by any person
aggrieved, by any neighborhood organization as defined in Section
32.105, RSMo., representing such person, or by any officer, department,
board or bureau of the City affected by any decision of the Zoning
Inspector. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the Zoning Inspector
and with the Board a notice of appeal specifying the grounds thereof
and providing the Board a list of current property owners within an
area determined by lines drawn parallel to a one hundred eighty-five-foot
distance from the boundaries of the property impacted by the appeal.
A fee of one hundred dollars ($100.00) shall accompany each notice
of appeal, and said sum shall be deposited in the General Revenue
Fund and shall not be refundable. The Zoning Inspector shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. An appeal stays all proceedings
in furtherance of the actions appealed from, unless the Zoning Inspector
certifies to the Board after the notice of appeal shall have been
filed with him/her that by reason of facts stated in the certificate
a stay would, in his/her opinion, cause immediate peril to life or
property. In such case, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of Adjustment
or by a Court of record on application or notice to the officer from
whom the appeal is taken and on due cause shown. The Board shall fix
a time for the hearing of the appeal within sixty (60) days following
receipt of same, give public notice thereof, by letter sent first-class
mail to property owners as provided by applicant and by publication,
one (1) time in a local newspaper of general circulation in Camdenton
not less that five (5) days nor more than fifteen (15) days prior
to the date of said hearing and decide the same within a reasonable
time. Upon the hearing, any party may appear in person or by agent
or by attorney.
E.
Decisions Of The Board. The Board shall render decisions only on
appeals from an action of the Zoning Inspector. The Board shall take
action only when it has determined that a permit has been incorrectly
issued or denied, or when it has determined that the Chapter has been
incorrectly interpreted, or when the appellant proves undue and unnecessary
hardship due to a provision or provisions herein contained as applied
to a specific lot or tract. In case an unnecessary or undue hardship,
due to peculiar characteristics of a specific lot or tract, is proven,
the Board may issue a variance signed by the Chairman, and setting
out any conditions to be met. A copy of the variance shall be sent
to the Zoning Inspector who shall issue a building permit setting
out the terms of the variance. In no case shall the Board issue a
variance or an order permitting a use to be placed in a district in
which it is not permitted in this Chapter. In all cases, the spirit
and intent of this Chapter shall be observed, public safety and welfare
secured, and substantial justice done. In exercising the above mentioned
powers, the Board may, in conformity with the provisions of this Chapter,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
F.
Appeal From Decisions Of The Board. Any person or persons jointly
or severally aggrieved by any decision of the Board or any officer,
department, board, or bureau of the City of Camdenton may present
to the Circuit Court a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition must be presented to the court within
thirty (30) days after the filing of the decision in the office of
the Board, and thereafter proceedings shall be had thereon as provided
by Sections 89.010 to 89.140, RSMo., 1969, as revised.
[R.O. 1992 § 400.275; RSMo. § 89.320; Ord. No. 2481-14 § 1, 1-7-2014]
There is hereby established within and for the City a Planning
and Zoning Commission which shall consist of not more than fifteen
(15) nor fewer than seven (7) members, including the Mayor, if the
Mayor chooses to be a member; a member of the Board of Aldermen selected
by the Board of Aldermen, if the Board of Aldermen chooses to have
a member serve on the Commission; and not more than fifteen (15) nor
fewer than five (5) citizens appointed by the Mayor and approved by
the Board of Aldermen. The term of each of the citizen members shall
be for four (4) years, except that the terms of the citizen members
first appointed shall be for varying periods so that succeeding terms
will be staggered. Any vacancy in a membership shall be filled for
the unexpired term by appointment as aforesaid. The Board of Aldermen
may remove any citizen member for cause stated in writing and after
public hearing.
[R.O. 1992 § 400.280; CC 1984 § 42.420; Ord. No. 1748-99 § 1, 5-4-1999; Ord. No. 2051-05 § 1, 1-4-2005]
A.
Applications for amendment, revision or change of the Camdenton Zoning
District Map may be made by any person, or his/her agent, who owns
the land sought to be rezoned. If such application is made by the
owner's agent, said agent shall enter upon the application the name
and current mailing address of the owner. Such application shall be
made upon forms prescribed by the Commission and duly filed with the
Commission.
B.
Applications for amendment, revision or change of any of the rules,
regulations or provisions of the text of this Chapter, other than
the Zoning District Map, may be made by any interested person on forms
prescribed by the Commission and duly filed with the Commission.
C.
A fee of one hundred dollars ($100.00) shall accompany each application
for an amendment to this Chapter and said sum shall be deposited in
the General Revenue Fund and shall not be refundable.
D.
Immediately upon receipt of such application, the Commission shall
note thereon the date of filing and make a permanent record thereof.
All such applications shall be set down for hearing before the Commission
not later than sixty (60) days from the date of filing the same. Any
such hearing may, for good cause at the request of the applicant or
in the discretion of the Commission, be continued.
E.
At least fifteen (15) days' notice of the time and place of such
hearing shall be published in a newspaper of general circulation within
the City of Camdenton.
F.
Upon final hearing of such application, the Commission shall approve
or deny the same and a report of such action, together with a recommendation
for final approval or denial, shall be made in writing by the Commission
to the Board of Aldermen.
G.
Before acting upon any application for amendment, the Board of Aldermen
shall set a time and place of such hearing thereon, and at least fifteen
(15) days' notice of the time and place of such hearing shall be published
in a newspaper of general circulation in the City of Camdenton.
H.
Recommendations for revision or amendment of this Chapter, including
the Zoning District Map, may also be made by the Commission upon its
own motion for final determination by the Board of Aldermen; likewise,
the Board of Aldermen may revise, modify or amend this Chapter, including
the Zoning District Map, upon its own motion; provided, however, such
proposed changes shall first be submitted to the Commission for recommendations
and report. In either case, final action thereon shall be taken only
upon notice and hearing as provided herein.
I.
In case a protest against such revision or amendment is presented,
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
distance from the boundaries of the district proposed to be changed,
such revision or amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all members of the Board of
Aldermen.
[R.O. 1992 § 400.290; CC 1984 § 42.430;
RSMo. § 89.130]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals or general welfare. Whenever this Chapter
requires a greater width or size of yards, courts, or other open spaces,
or requires a lower height of building or less number of stories,
or imposes higher standards than are required in any other Statute
or local ordinance or regulations, the regulations of this Chapter
shall govern. Wherever the provisions of any other ordinance or regulation
requires a greater width or size of yards, courts, or other open spaces
or requires a lower height of building or a less number of stories,
or requires a greater percentage of lot to be left unoccupied, or
imposes other higher standards than are required by this Chapter,
the provisions of such ordinance shall govern.
