[Ord. No. 985, 7-5-2018]
A.
Standardized Forms. Requests for development approvals required by
this Chapter shall be made on applications provided by the City. The
Zoning Administrator may promulgate submittal requirements, instructions
for completing forms, and internal procedures for acceptance and filing
of applications. Additional information may be required for particular
applications.
B.
Application Submission. All development applications shall be submitted
to the Zoning Administrator.
C.
Fees. At the time the development approval application is submitted,
the applicant shall pay to the City all fees as required by the City.
The fees are not transferable to other properties nor are they refundable.
Refunds shall be granted if an error in the fee calculation is discovered.
If a development application has not been deemed complete within six
(6) months from the date of the application, the application shall
be dismissed. Reapplications shall require the payment of fees.
D.
Pre-Application Conference. Before filing any application, the applicant
may request a pre-application meeting with the Zoning Administrator
to discuss procedures and requirements.
E.
Determination Of Complete Application. The Zoning Administrator shall
review all applications for development approval for completeness.
No application shall be considered complete until all items required
by the applicable Sections of this Chapter in support of the application
have been submitted, and all fees paid. Incomplete applications shall
be returned to the applicant with a statement as to what sections
are incomplete, and no action taken until any deficiencies are remedied.
Complete applications shall be processed according to this Chapter.
A determination of completeness shall not constitute a determination
of compliance with the substantive requirements of this Chapter.
F.
Processing Of Application. Within thirty (30) days after the determination
that an application for development approval is complete, the Zoning
Administrator shall review the application, forward the application
for review to the Planning and Zoning Commission, Board of Zoning
Adjustment or Board of Aldermen, as may be required.
G.
Official Filing Date. The time for processing and acting on development
approval applications or development permits shall commence on the
date that a complete application has been filed. Modification of any
application by the applicant following the filing of the application
and prior to the expiration of the period during which the City is
required to act may extend the period of time before action is taken.
H.
Withdrawal. Once filed, a development approval application may be
withdrawn upon a written notice to the Zoning Administrator.
[Ord. No. 985, 7-5-2018]
A.
Contents. Any notice of a public hearing required by the provisions
of this Chapter shall contain the following information:
B.
Publication. Where notice by publication is required by this Chapter
or by State law, such notice shall be published in a weekly newspaper
of general circulation in Jackson County.
C.
Mailed Notice. Where notice by mail is required by this Chapter,
such notice shall be sent by the applicant and at the applicant's
cost, by regular mail, to the record fee owners of all real property
located within one hundred eighty-five (185) feet from the exterior
boundaries of the property which is the subject of the development
application. The owners of real property to whom notice must be sent
may be determined by a title company, at the expense of the applicant.
When the application is considered, the applicant may be required
to demonstrate compliance with this Section and/or execute an affidavit
of mailing.
D.
Posted Notice. Where notice by posting is required by this Chapter,
such notice shall be posted on a sign along every street frontage
on the property which is the subject of the application. Such signs
shall be posted at least fifteen (15) days prior to the hearing.
E.
Cost Of Notice. All actual costs incurred by the City in preparing
and publishing the notice required by this Chapter shall be paid by
the applicant.
F.
When Required And How Given. The following chart specifies when notice
shall be given and in what manner:
|
Type of Development Approval
|
Type of Notice Required
| ||
|---|---|---|---|
|
Mail
|
Newspaper
|
Post
| |
|
Zoning Text Amendment
|
Y
| ||
|
Variance
|
Y
|
Y
|
Y
|
|
Rezoning
|
Y
|
Y
|
Y
|
|
Conditional Use Permit
|
Y
|
Y
|
Y
|
|
Preliminary Plat
|
Y
| ||
|
Final Plat
|
Y
| ||
|
Minor Subdivision
|
Y
| ||
[Ord. No. 985, 7-5-2018]
A.
Conduct Of Hearing. Any person or persons may appear at a public
hearing and submit relevant evidence, either individually or as a
representative of an organization. Each person who appears at a public
hearing shall state his or her name, address, and, if appearing on
behalf of an organization, the name and mailing address of the organization
for the record. The body conducting the hearing may exclude testimony
or evidence that it finds to be irrelevant, immaterial or unduly repetitious.
B.
Continuance Of Proceedings. The body conducting the hearing may,
on its own motion or at the request of any person continue the hearing.
The hearing may be continued to another date without further notice
other than a motion to be entered upon the minutes fixing the date,
time and place of the subsequent hearing.
[Ord. No. 985, 7-5-2018]
The Commission, Board of Adjustment or Board of Aldermen may
impose on any approval of a development application such conditions
as are reasonably necessary to assure compliance with applicable general
or specific standards stated in this Chapter.
[Ord. No. 985, 7-5-2018]
A.
Purpose. The provision of adequate data concerning on- and off-site
land use, environmental conditions, utility requirements, traffic
impact, and the adequacy of streets, stormwater management, parks,
fire, police, emergency services, libraries, public sewer and water
facilities is vital to ensure the continued health, safety and welfare
of the City's residents. The City may require the submission
of key planning and engineering information and may require the submission
of project-specific reports or studies, such as an environmental impact
report or a traffic impact study.
B.
Applicability. The owner of a tract of land located within the City
who divides the tract in two (2) or more parts to lay out a subdivision
of the tract, including an addition to a municipality, to develop
buildings or lots, or to lay out streets, alleys, squares, parks,
or other parts of the tract intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent
to the streets, alleys, squares, parks, or other parts, must have
a plat of the subdivision prepared. A division of a tract under this
Subsection includes a division regardless of whether it is made by
using a metes and bounds description in a deed of conveyance or in
a contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. The division of
a tract of land for any of the purposes specified herein does not
require a transfer of title of all or part of the tract.
C.
Subdivision Approval, Generally.
1.
Pre-Application Conference and Concept Plan (Optional) —
Submitted to the Zoning Administrator for review and comment;
2.
Preliminary Plat — Submitted to the Zoning Administrator
for action by the Planning and Zoning Commission and the Board of
Aldermen; and
3.
Final Plat — Submitted to the Zoning Administrator for
action by the Planning and Zoning Commission and the Board of Aldermen.
D.
Assurance For Completion Of Public Improvements.
1.
A Final Plat shall not be accepted until the required public
improvements have been completed and accepted and a maintenance bond
has been furnished.
2.
In lieu of completing the required improvements, the City may
accept a financial assurance in the form of a bond, letter of credit,
or other such assurance approved by the City Attorney. Any such assurance
shall be in an amount estimated by the City as sufficient to secure
to the City the satisfactory construction, installation and dedication
of the incomplete portion of required improvements.
3.
After the completion of the public improvements as required
by these regulations in acceptable manner, and as a guarantee that
all public improvements have been done in a satisfactory manner, the
subdivider shall provide a maintenance bond to the City in the amount
of fifty percent (50%) of the total estimated cost of the required
improvements as determined by the Zoning Administrator. The maintenance
bond shall be required for two (2) years following the City's
issuance of a Certificate of Final Acceptance. The bond shall be filed
with the City Clerk in an amount acceptable to the Zoning Administrator
and in such form as accepted by the City Attorney. Approval of the
bond form and submittal of the as-built drawings are minimum prerequisites
to the issuance of a Certificate of Final Acceptance.
[Ord. No. 985, 7-5-2018]
A.
When Required. The submittal of a preliminary plat is required.
B.
Submittal Requirements. Applicants for preliminary plat approval
shall submit a complete application and other required materials and
information to the Zoning Administrator. The Preliminary Plat shall
be in sufficient detail to convey the applicant's intentions
in platting the proposed subdivision. It shall contain a written description
of the existing conditions on the tract and the necessary drawings
and sketches as required by this Chapter to convey the applicant's
plan of development. The plat shall be signed by a registered surveyor.
C.
Filing Procedure. The applicant shall file the following with the
Zoning Administrator as follows:
D.
Contents. The preliminary plat shall contain the following information:
1.
Proposed name of subdivision.
2.
A vicinity sketch (location map), at a legible scale, to show
the relation of the plat to surroundings. Utility connections too
remote to be shown on the preliminary plat shall be shown on this
sketch.
3.
Location of boundary lines by section, quarter section or quarter-quarter
section lines, and any adjacent corporate boundaries comprising a
legal description of the property conforming to the current Missouri
state plane coordinate system.
4.
Names, addresses, and phone numbers of the developer and the
engineer, surveyor, planner, or landscape architect making the plat.
5.
Plat to be oriented so north is to the top of plat sheet.
6.
All plats are to be drawn to a standard engineer's scale.
The actual scale used will depend on the development and shall be
subject to the approval of the Zoning Administrator.
7.
Existing conditions on the proposed subdivision site and adjacent
to the site within one hundred eighty-five (185) feet of the property
lines:
a.
Locations, width and name of each existing or platted street,
alley or other public way; railroad and utility rights-of-way; dedicated
rights-of-way; bridges; parks and other public open spaces; and permanent
buildings.
b.
All existing storm water or sanitary sewers, water mains, gas
mains, culverts, or other underground installations with pipe size,
grades and locations shown.
c.
Names of abutting subdivisions and owners of abutting parcels
of unsubdivided land.
d.
Locations of water courses, and all areas designated as the
100-year floodplain areas by the Federal Emergency Management Agency.
e.
Ravines, bridges, lakes, tree masses, approximate acreage, and
such other existing features as may be pertinent.
f.
Special features (such as ponds, dams, steep slopes or unusual
geology) or unusual historical features (such as former dumps, fill
areas or lagoons) must be identified by the applicant. The applicant,
at the Zoning Administrator's discretion, may be required to
provide professional analysis of these conditions to address health,
safety and general welfare questions related to the proposed subdivision.
g.
Topography (unless specifically waived by the Zoning Administrator)
with contour intervals of not more than two (2) feet, referred to
USGS or City datum. In areas where grades are gentle, the Zoning Administrator
may require a lesser contour interval.
8.
Proposed Development.
a.
The general location, width, radii, grade and name of proposed
streets, roadways, pathways, alleys, sidewalks and public walk ways,
public or private streets and other easements with center lines, culverts
and bridges, public drives and curb cuts, median breaks and turn lanes.
Street names shall not duplicate or closely resemble the name of any
existing street.
b.
The general location, size and character of all proposed and
existing adjacent public utility lines, including storm water and
sanitary sewer lines, water lines, and storm water management facilities.
c.
Layout, number and approximate dimensions of lots, approximate
lot areas, setback requirements with dimensions, and blocks, with
number or letter of each, if applicable.
d.
Location and size of proposed open space for public use proposed
to be dedicated or reserved and any conditions of such dedication
or reservation; parks, playgrounds, churches, or school sites or other
special uses of land to be considered for public use, or to be reserved
by deed or covenant for the use of all property owners in the subdivision.
e.
Building setback lines from streets with dimensions.
f.
Indication of any lots on which uses other than residential
are proposed by the subdivider.
g.
Storm water management plan, calculations, and proposed size,
nature and location of all proposed storm drainage improvements.
h.
Identification, location and nature of all proposed zoning districts
and land uses to be included within the boundaries of the subdivision.
A.
When Required. The submittal of a final plat is required.
B.
Submittal Requirements. Applicants for final plat approval shall
submit a complete application and other required materials and information
to the Zoning Administrator. The final plat shall be in sufficient
detail to convey the applicant's ideas and intentions in platting
the property. It shall contain a written description of the existing
conditions on the tract and the necessary drawings and sketches as
required by this Chapter to convey the applicant's plan of development.
The plat shall be signed by a registered surveyor.
C.
Filing Procedure. The final plat application shall be filed with
the Zoning Administrator as follows:
D.
Contents. The final plat shall contain the following information:
1.
Name of the subdivision that does not duplicate the name of
any existing subdivision.
2.
Location by section, township, range, County and State, and
including descriptive boundaries of the subdivision, based on an accurate
traverse, giving angular and linear dimensions of second order surveying
accuracy that must close. A final plat must show ties to the state
plane coordinate system. All calculations shall be furnished showing
bearings and distances of all boundary lines and lot lines.
3.
Accurate legal description, accompanied by a legal description
closure report.
4.
Location of the subdivision boundaries shown in reference to
existing official monuments or the nearest established street lines,
including true angles and distances to such reference points or monuments.
All section and land corners referenced on the plat and legal description
shall be identified as to what was physically found or set, e.g.,
aluminum monument, one-half (1/2) inches iron bar. These same corners
shall also be referenced and reference ties submitted with the plat
on the certified Land Corner Restoration/Reestablishment sheet provided
by the Missouri Department of Natural Resources, Division of Geology
and Land Survey (MLS). If the section corner referenced on the plat
has been previously referenced and reference ties have not changed
since submission to the MLS, the MLS document number for those corners
shall be indicated on the plat.
5.
Total acreage of the proposed subdivision.
6.
Location of lots, streets, pathways, alleys, sidewalks, parks
and other features with accurate dimensions in feet and decimals of
feet, with the length and radii and/or arcs of all curves indicated
with all other information necessary to reproduce the plat on the
ground. Dimensions shall be shown from all angle points and points
of curvature to the lot lines.
7.
Area in square feet for each lot or parcel.
8.
When lots are located on a curve or when side lot lines are
at angles other than ninety degrees (90°), the width of the lots
are measured at the building line.
9.
Lots Shall Be Numbered Clearly. If blocks are to be numbered
or lettered, these should be shown clearly in the center of the block.
10.
The exact locations, widths, and names of all streets and alleys
to be dedicated.
11.
Location, purpose and width of all easements, including avigation
easements to be dedicated.
12.
Boundary lines and description of boundary lines of any area
other than streets and alleys that are to be dedicated or reserved
for public use, including open space for public use.
13.
Building setback lines on the front of all lots and the side
streets of corner lots, including dimensions and dedications.
14.
Statement dedicating all easements, streets, sidewalks, alleys
and other public area.
15.
Signature blocks for the following certificates, with the corresponding
name typed, printed or stamped beneath the signature.
16.
Floodplain location.
17.
Name and address of developer and surveyor making the plat.
18.
Scale of the plat at not less than one (1) inch represents one
hundred (100) feet (the scale to be shown graphically and in feet
per inch), date, and north point.
19.
Information required to be recorded on the final plat or a reference
to documents required to be recorded with the final plat. Such information
shall include but not be limited to covenants that run with the land
and conditions of final plat approval imposed by the Board of Aldermen.
E.
Improvements And Dedications. The Final Plat shall substantially
conform to the approved Preliminary Plat. All improvements and facilities
to be provided by the developer shall be approved by the Zoning Administrator
and installed prior to the issuance of an occupancy permit or adequate
security in lieu of making improvements shall be provided. All required
dedications and easements shall be offered for dedication on the final
plat by the applicant before the Planning and Zoning Commission shall
approve the Final Plat; however, the approval of a plat shall not
be considered an acceptance of any proposed dedication and does not
impose on the City any duty regarding the maintenance or improvement
of any dedicated parts until the appropriate City authorities make
acceptance.
F.
Effect Of Final Plat Approval. Final Plat approval shall confer upon
the applicant the right to apply for building permits and to develop
the subject tract or parcel pursuant to the terms and conditions pursuant
to which the Final Plat approval was granted by the Board of Aldermen.
No lot in the subdivision may be sold until the Final Plat has been
officially recorded.
A.
Situations Covered. Minor subdivisions may include:
B.
Submission Requirements. The minor subdivision plat application shall
be filed with the Zoning Administrator as follows:
C.
Contents. The minor subdivision plat shall contain the following
information:
1.
Name of subdivision.
2.
Location by section, township, range, County, and State, including
descriptive boundaries of the parcels as divided, based on an accurate
traverse, giving angular and linear dimensions which must mathematically
close and shall be referenced to the state plane coordinate system.
The allowable error of closure shall be second order accuracy or better.
All calculations shall be furnished showing bearings and distance
of all boundary lines and lot lines. Location of boundary shall be
shown in reference to existing official monuments or the nearest street
lines, including true angles and distances to such reference points
or monuments.
3.
Exact location of streets, pathways, utility lines, alleys,
easements, and other public grounds with accurate dimensions in feet
and dimensions in feet and decimals of feet, interior angles, and
length of radii and/or arcs of all curves that abut or are upon the
parcel.
4.
Exact location of all existing structures and physical improvements,
when requested.
5.
Names of all abutting streets.
6.
Building setback lines.
7.
Name and address of subdivider and surveyor making the plat.
8.
North Arrow And Scale. Plat should be oriented so north is to
the top of plat sheet. All plats are to be drawn to a standard engineer's
scale. The actual scale used will depend on the development and shall
be subject to the approval of the Director.
9.
Signature blocks for the following certifications, with the
corresponding name typed, printed or stamped beneath the signature:
10.
Statement dedicating all easements, streets, sidewalks, alleys
and other public areas not previously dedicated, if applicable.
D.
Consideration And Approval Of Minor Subdivisions. The applicant shall
submit the minor subdivision plat to the Zoning Administrator for
review and consideration by the Planning and Zoning Commission and
Board of Aldermen.
[Ord. No. 985, 7-5-2018]
A.
Zoning Amendments Authorized. The text of this Chapter or the Official
Zoning Map may be amended from time to time by the Board of Aldermen.
B.
Initiation Of Application. An owner of real property within the City,
or that owner's authorized representative, may, apply for a change
to the Official Zoning Map for that landowner's property. An
amendment of the text of this Chapter or to the Official Zoning Map
may be initiated by the Planning and Zoning Commission, the Zoning
Administrator or the Board of Aldermen. An application by a property
owner for a change to the Official Zoning Map shall be on a form supplied
by the Zoning Administrator. Said application shall be completed in
its entirety and filed with the Zoning Administrator who shall set
a public hearing date before the Commission.
C.
Report And Recommendation By Commission. Upon conclusion of the public
hearing, the Commission shall forward to the Board of Aldermen its
recommendations for any change to the Official Zoning Map or this
Chapter together with its approval, conditional approval or denial
of the application where an amendment to the Official Zoning Map is
requested.
D.
Decision By Board Of Aldermen. Upon the receipt of the recommendation
of the Commission, the Board of Aldermen shall consider the application
and the recommendation of the Commission. If the Board of Aldermen
approves an application, it shall adopt an ordinance to that effect.
The amending ordinance shall define the change or boundary as amended,
and order the Official Zoning Map to be changed to reflect such amendment.
