(a)

Responsibility for enforcement. The community development director is responsible for enforcing this Code, unless otherwise expressly stated.

(b)

Types of violations. Unless otherwise expressly allowed by this Code or by state, federal or local law, any violation of this Code will be subject to the remedies and penalties provided in this chapter. Violations include, but are not limited to the following:

(1)

Failure to comply with any provision of this Code;

(2)

To engage in construction, development, subdivision of land or use of land or buildings in any way not consistent with the requirements of this Code;

(3)

To engage in construction, development, subdivision of land or use of land or buildings without all of the required permits, approvals, certifications and other forms of authorization required by this Code;

(4)

To engage in construction, development, subdivision of land or use of land or buildings in any way not consistent with the terms and conditions of any permit, approval, certificate or other form of authorization required by this Code, or any conditions placed by the community development director, planning commission, board of adjustment, board of appeals or city council on such authorization;

(5)

To occupy or use any building or structure prior to completion of final inspections or issuance of a certificate of occupancy as required by this Code;

(6)

To reduce any lot area so that setbacks or other dimensional standards are smaller than required by this Code and any approved plats or plans;

(7)

To increase the intensity of use of any land or structure in any way not consistent with the requirements of this Code;

(8)

To install or use a sign in any way not consistent with the requirements or to fail to remove any sign that is not consistent with the requirements of this Code;

(9)

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this Code;

(10)

To fail to comply with a stop work order issued under the authority given by this Code;

(11)

To alter, damage or remove any improvement required:

a.

By this Code;

b.

By the planning commission as part of a site plan approval; or

c.

By the city council as part of an approval granted under the requirements of this Code;

(12)

To fail to comply with any condition of approval imposed by the community development director, planning commission, board of adjustment, board of appeals or city council;

(13)

To fail to remove any diseased or dead required landscaping and replace with landscaping materials in compliance with City Code; and/or

(14)

To continue any of the violations of this section. Each day that a violation continues will be considered a separate offense.

(c)

Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(d)

Conflict.

(1)

Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulations, statute, or other provision of law. Where any provision of these regulations imposes restriction different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

(2)

Private provisions. The regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the planning commission or the municipality in approving a subdivision or in enforcing these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.

(e)

Reserved.

(f)

Reserved.

(g)

Reserved.

(h)

Remedies and enforcement. The City of Belton has all of the following remedies and enforcement powers:

(1)

Withholding of permits.

a.

The city may withhold or deny all permits, certificates of occupancy and other approvals for any building or structure on land where there is an uncorrected violation of this Code or of a condition of any permit, certificate or other approval previously granted by the city. The city may also grant a permit or approval subject to the condition that the violation be corrected. This provision applies whether or not the current owner is responsible for the violation.

b.

The city may also withhold or deny all permits, certificates and other approvals for other land or structures owned or built by a person who caused an uncorrected violation of this Code on another property in the City of Belton.

(2)

Revocation of permits. Any permit granted under this Code may be revoked when the community development director determines:

a.

There is a departure from the plans, specifications or other requirements of the terms of the permit;

b.

The permit was obtained by false representation or was issued by mistake; or

c.

Any provisions of this Code are being violated.

Written notice of the permit revocation must be served on the owner, owner's agent or contractor or must be posted in a prominent location; thereafter, no further construction may proceed.

(i)

Stop work orders. The community development director may issue a stop work order, with or without revocation of permits, for any building or structure on land where there is an uncorrected violation of this Code, any permit or other approval granted under this Code.

(j)

Citation. The community development director may issue a citation to the property owner, tenant or person responsible for a violation of this Code.

(k)

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this Code or of a permit, certificate or other form of authorization granted under this Code.

(l)

Abatement. The city may seek a court order in the nature of injunction, mandamus, abatement or other action to abate or remove a violation or to otherwise restore the premises in question to its condition prior to the violation.

(m)

Reserved.

(n)

Penalties. A person, firm or corporation who violates any provision of the Unified Development Code will be guilty of a misdemeanor and upon conviction will be fined not less than $100.00 and not more than $500.00 and/or by imprisonment for up to 90 days. Each day of violation constitutes a separate offense.

(o)

Other remedies. The city will have such other remedies and enforcement powers as may be granted from time to time by Missouri law and the City Code.

(p)

Remedies cumulative. The remedies and enforcement powers established by this chapter are cumulative.

(UDC 2010, § 23.1; Ord. No. 2011-3753, § 1, 9-27-2011)

(a)

Emergency matters. When a violation of the Unified Development Code results in an emergency situation as a result of safety concerns or violations that will create increased problems or costs if not immediately remedied, the city may use the enforcement powers granted by this chapter without prior notice, but the community development director must attempt to give notice to the property owner or person who is party to an agreement or relevant permit simultaneously with beginning enforcement action.

(b)

Non-emergency matters.

(1)

When a violation of the Unified Development Code does not result in an emergency situation, the community development director must give notice of the violation to the property owner, tenant or another person who is party to a relevant agreement or permit.

(2)

Notice must be given in person, by U.S. mail or by posting notice in a prominent location on the premises. Notice must state the nature of the violation and the time period for compliance, and may state what corrective steps are necessary and the nature of penalties and enforcement actions that may result if the situation is not corrected.

(3)

If the violation is not corrected within the allotted time, the community development director may impose one or more of the remedies.

(4)

Any sign placed within the right-of-way may be removed immediately, without notice, by the city.

(c)

Private agreements. Private covenants, deed restrictions or agreements imposing standards different than those in this Code shall not impose an enforcement obligation on the community development director or the city.

(UDC 2010, § 23.2)

(a)

Applicability. In accordance with Chapter 10 of the Unified Development Code, it will 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. This section sets forth the required review and approval procedures for building permits.

Unless the required improvements have been installed or guaranteed by a bond for a lot or tract, no building permit shall be issued for that lot or tract. Upon issuance of the building permit, the building inspector shall notify the applicant that no structure shall be permitted to be occupied until all required improvements are installed from existing streets and utility lines to that lot, unless that lot was platted prior to August 1, 1984. The city council may require that building construction be discontinued if construction of streets, sewers and other required improvements do not progress in an orderly manner or are left unfinished.

(b)

Applicability.

(1)

All applications for building permits for developments in the multifamily, commercial and industrial zoning districts must be accompanied by a site plan, which will be subject to site plan review in accordance with this section. All nonresidential uses in residential districts require site plan review.

(2)

No building permit will be issued without being granted site plan approval when it is required by this subsection (b).

(c)

Application. Applications for site plan review may be obtained from the community development director. The application must be completed in its entirety and filed with the community development director. The applicant must submit copies in accordance with the submission schedule regularly adopted by the planning commission.

(d)

Procedure.

(1)

Community development director action.

a.

All site plans will be reviewed by the community development director.

b.

The community development director has the authority to take final action (approve, conditionally approve or deny) on applications for:

1.

Developments that have an approved site plan on file where the application proposes to expand the existing use by less than ten percent or 5,000 square feet, whichever is less; or

2.

Developments that have an approved site plan on file where the application proposes to modify signage, parking, landscaping or other minor feature and the proposed modifications will be in compliance with all requirements of this Code.

(2)

Planning commission action. With the exception of those cases identified in subsection (d)(1) of this section, all other applications for site plan review will be reviewed by the community development director, and forwarded to the planning commission for review and action. The commission has the authority to take final action, and may approve, approve with conditions or disapprove the application.

(3)

Conditions of approval. In approving a site plan, the planning commission or, when applicable the community development director, may impose reasonable conditions, safeguards and restrictions upon the applicant and the premises.

(4)

Findings of fact. In order to be approved, the community development director or planning commission may give consideration to the following criteria, to the extent they are pertinent to the application:

a.

The plan complies with all applicable standards of this Code and all other applicable city ordinances and policies;

b.

The plan does not conflict with the adopted plans of the City of Belton or the purpose and intent of this Code;

c.

The proposed use is allowed in the district in which it is located;

d.

Vehicular ingress and egress to and from the site, and circulation within the site provides for safe, efficient, and convenient movement not only within the site but also on adjacent roadways;

e.

The plan provides for safe, efficient, and convenient movement of pedestrians on and to the site;

f.

The arrangement of structures and buildings on the site allows for efficient use of the land, is compatible with development on adjacent property, and minimizes potential adverse impacts on existing or planned municipal infrastructure and services;

g.

Open space and natural features on the site are arranged in such a way that unique natural resources are preserved and creates a desirable and functional environment for site users;

h.

The plan avoids unnecessary or unreasonable alterations to existing topography, preserves existing healthy, mature trees and woodlands, and designs drainage facilities to promote the use and preservation of natural watercourses;

i.

Provides adequate parking for the use, including logical and safe parking and circulation;

j.

Provides landscaping and screening as required by this Code that creates logical transitions to adjoining uses, screens incompatible uses, minimizes the visual impact of the development on adjacent roads and properties, and utilizes native plant materials selected to withstand the local climate and individual site microclimates; and

k.

Includes site illumination that has been designed and located to minimize adverse impacts on adjacent properties.

(5)

Effect of approval. If the planning commission or, when applicable, the community development director approves a site plan, the building permit it is associated with will be granted.

(6)

Appeals.

a.

If the community development director makes the decision on the site plan, the decision may be appealed to the planning commission.

1.

The applicant must notify the community development director of their intent to appeal within ten days of the date of decision from the community development director.

2.

The community development director will schedule the appeal for the next regularly scheduled planning commission meeting which is no sooner than 15 days from the date the intent to appeal was filed.

3.

The applicant must provide an additional 15 review copies of the drawings and the additional required fee along with the intent to appeal.

b.

If the planning commission makes the decision on the site plan, the decision may be appealed to the city council.

1.

The applicant must notify the community development director of their intent to appeal, in writing, within ten days of the date of the planning commission meeting when the application was considered.

2.

The community development director will schedule the appeal for the next regularly scheduled city council meeting provided it is at least 15 days from the date the intent to appeal was filed.

3.

The applicant will provide an additional 15 review copies of the drawings along with the intent to appeal.

(UDC 2010, § 23.3; Ord. No. 2011-3753, § 1, 9-27-2011)

Editor's note— Ord. No. 2011-3753, § 1, adopted September 27, 2011, repealed § 2-24, which pertained to building permits required; issuance and derived from § 23.4 of UDC 2010.

Editor's note— Ord. No. 2011-3753, § 1, adopted September 27, 2011, repealed § 2-25, which pertained to sign permits and derived from § 23.5 of UDC 2010.

Editor's note— Ord. No. 2011-3753, § 1, adopted September 27, 2011, repealed § 2-26, which pertained to inflatable sign permits and derived from § 23.6 of UDC 2010.

This article sets out the required review and approval procedures for administrative adjustments, which are minor deviations from otherwise applicable standards that may be approved by the community development director.

(UDC 2010, § 23.7.1)

The community development director is authorized to approve the following types of administrative adjustments:

(1)

Modifications of ten percent or less of any zoning district setback, lot size, lot width, building coverage or height standard.

(2)

Modifications of ten percent or less of any of the landscaping and screening standards.

(UDC 2010, § 23.7.2)

An application for an administrative adjustment may be obtained from the community development director. The application must be completed in its entirety.

(UDC 2010, § 23.7.3)

The community development director will review each application for an administrative adjustment and act within ten days of the date of application to approve, approve with conditions or disapprove the application.

(UDC 2010, § 23.7.4)

Administrative adjustments may be approved by the community development director only upon a finding that all of the following criteria have been met:

(1)

The requested adjustment is consistent with the stated purposes of this Code;

(2)

The requested adjustment eliminates an unnecessary inconvenience to the applicant and will have no appreciable adverse impact on the health, safety or general welfare of surrounding property owners or the general public; and

(3)

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent.

(UDC 2010, § 23.7.5)

In granting an administrative adjustment, the community development director may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the stated purposes of the comprehensive plan and this Code.

(UDC 2010, § 23.7.6)

Within five days of the community development director's decision on an administrative adjustment, he/she will mail notice of the decision to the applicant and all other parties who have made a written request for notification.

(UDC 2010, § 23.7.7)

The community development director's written interpretation may be appealed taken to the board of zoning adjustment.

(UDC 2010, § 23.7.8; Ord. No. 2011-3753, § 1, 9-27-2011)

Editor's note— Ord. No. 2011-3753, § 1, adopted September 27, 2011, repealed § 2-59, which pertained to application contents and derived from § 23.7.11 of UDC 2010.

Editor's note— Ord. No. 2011-3753, § 1, adopted September 27, 2011, repealed § 2-60, which pertained to review and approval criteria and derived from § 23.7.12 of UDC 2010.

(a)

Authority. The community development director will have the authority to make written interpretations of this Code.

(b)

Request for interpretation. Requests for written interpretations of this Code must be submitted to the community development director.

(c)

Procedure. Within ten working days of receipt of a written request for interpretation, the community development director will:

(1)

Review and evaluate the request for an interpretation with the purpose and intent of this Code and consistency with the comprehensive plan and any other relevant documents;

(2)

Consult with other staff, as necessary;

(3)

Request additional information or documentation, as necessary; and

(4)

Render a written interpretation.

(d)

Notice of decision. Written notice of the decision will be provided to the applicant within five days of the decision and a copy will be filed in the official record of interpretations.

(e)

Official record of interpretations. An official record of interpretations will be kept on file by the community development director. The record of interpretations will be available for public inspection during normal business hours.

(f)

Appeals. Appeals of the community development director's written interpretation may be taken to the board of adjustment in accordance with stated

(UDC 2010, § 23.8)

The board of adjustment consists of five members and up to three alternate members who are citizens and residents of the City of Belton, Missouri who have been appointed by the mayor with the advice and consent of a majority of the city council.

(1)

Terms.

a.

The term of each of the members and alternates is five years.

b.

The term of each member begins August 1 of each year

c.

At its August meeting, or the first meeting after August if no meeting is held in August, the board must annually elect one of its members to act as chair, another as vice-chair. The terms are for one year with eligibility for re-election.

d.

Alternate members will serve in the order of their appointment in the event a member(s) of the board of adjustment is not able to participate in a meeting due to absence or disqualification. If an alternate member begins as a member of the board for a particular case, they must serve as a member of the board until the case is concluded, even if the case is continued. The absent or disqualified member will not participate in the case even if the case is continued.

e.

All members of the board will serve without compensation.

f.

The city council may remove any member only for cause stated in writing. The mayor may, with the consent of the majority of the council members, remove any member for misconduct or neglect of duty. A member's unexcused absence from three consecutive regular meetings in a 12 month period constitutes neglect of duty.

(2)

Vacancies. The mayor, with the approval of the majority of the city council, may fill vacancies for the remainder of any vacant term.

(3)

Rules of procedure. The board of adjustment has the authority to make rules and regulations for the proper conduct of its business.

(UDC 2010, § 23.9; Ord. No. 2011-3753, § 1, 9-27-2011; Ord. No. 2014-3974, § 1, 2-25-2014)

(a)

Quorum required for action. A concurring vote of four members of the board is required to reverse any order, requirement, decision or determination of the community development director, or to decide in favor of the applicant on any matter upon which it is required to pass under the Unified Development Code or to approve any variance under the Unified Development Code.

(b)

Meetings.

(1)

Meetings of the board will be held at the call of the chair and at such other times as the board may determine necessary. The board must conduct a meeting on all requested appeals or variances within 60 days of submission of a completed application.

(2)

All meetings of the board are open to the public.

(3)

The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses.

(4)

The board must keep minutes of its proceedings, showing the vote of each member upon each question, as well as any members that are absent. The records of the commission proceedings and actions must be filed in the office of the city clerk and these will be a public record.

(c)

Powers and duties. The board of adjustment has the following powers and duties:

(1)

Unless otherwise specifically stated, to hear and make decisions on variances from the specific terms of this Code; and

(2)

Unless otherwise specifically stated, to hear and decide appeals of decisions of the community development director, or any other official charged with making administrative decisions, interpreting, or enforcing this Unified Development Code.

(UDC 2010, § 23.10; Ord. No. 2014-3974, § 2, 2-25-2014; Ord. No. 2023-4751, § 2, 1-10-2023)

(a)

Natural resource protection variances. Variances from the buffer and stream setback requirements may be granted by the board of zoning adjustment.

(b)

Floodplain management variances.

(1)

In passing upon such applications for variances, the zoning board of adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following criteria:

a.

The danger to life and property due to flood damage;

b.

The danger that materials may be swept onto other lands to the injury of others;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations, not subject to flood damage, for the proposed use;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.

(2)

Conditions for approving floodplain management variances.

a.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items b. through f. below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

b.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.

c.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

d.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e.

Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

f.

A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.

(3)

Conditions for approving variances for accessory structures. Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in subsections 32-5(d) and (e) of this Code.

In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed:

a.

Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the community's flood insurance rate map (FIRM).

b.

For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with subsection 32-5(e)(4)b. of this Code.

c.

The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with subsection 32-5(e)(4)a. of this Code. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

d.

Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with subsection 32-5(e)(4)d. of this Code.

e.

The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit automatic entry and exit of floodwaters in accordance with subsection 32-5(i)(3)b. of this Code.

f.

The accessory structures must comply with the floodplain management floodway encroachment provisions of subsection 32-6(2) of this Code. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

g.

Equipment, machinery, or other contents must be protected from any flood damage.

h.

No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the accessory structures.

i.

A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.

j.

Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

(c)

Authority and applicability. The zoning variance procedures of this section authorize the board of adjustment to approve, in specific cases, variances from specific zoning standards of this Code that will not be contrary to public interest and where, owing to special conditions, a literal enforcement of zoning standards would result in unnecessary hardship. In approving variances where there are practical difficulties or unnecessary hardship, the board may vary or modify the application of any provisions of such ordinance relating to construction or alteration of use of land if it determines the public safety and welfare will be secured and substantial justice will be done.

(d)

Prohibited variances. The board of adjustment may grant variances from all requirements of this Code except:

(1)

The requirements for public improvements;

(2)

Uses permitted within a particular district;

(3)

Any provision in flood protection; and

(4)

Any provision in natural resource protection.

(e)

Permitted variances.

(1)

For any parcel of land whose shape, topography or other existing physical condition prevents land development consistent with this Code, the board of zoning adjustment may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

(2)

The board of zoning adjustment shall grant no variance from any provision without first conducting a public hearing on the application. The City of Belton shall give public notice of each such public hearing in a newspaper of general circulation within the City of Belton.

(f)

Applications. An application for a variance may be obtained from the community development director. The application must be completed in its entirety and filed with the community development director so that a public hearing date can be established in accordance with this Code.

(g)

Procedure.

(1)

Board of zoning adjustment public hearing. All proposed variance applications must be submitted to the board of zoning adjustment. The board of adjustment will hold a public hearing on the application. The public hearing must be held at the next regular meeting of the board of adjustment for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The community development director or other appointed official as designated by the planning commission must prepare a written summary of the proceedings, and give notice of the hearing.

(2)

Board of zoning adjustment action. Upon conclusion of the public hearing, the board of zoning adjustment must approve, approve with conditions or disapprove the requested variance. A concurring vote of at least four members of the board of adjustment is required to approve any variance request.

(3)

Findings of fact. A request for a variance may be granted upon a finding of the board that all of the following conditions have been met. The board will make a determination on each condition, and the finding will be entered into the record.

a.

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner, applicant, or their agent, employee or contractor.

b.

The strict application of the provisions of the Unified Development Code of which the variance is requested will constitute an unnecessary hardship or practical difficulty upon the property owner represented in the application and that such unnecessary hardships or practical difficulties are not generally applicable to other property in the same district.

c.

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

d.

The granting of the variance will not result in advantages or special privileges to the applicant or property owner that this Code denies to other land, structures or uses in the same district.

e.

Whether the requested variance is the minimum variance necessary to provide relief.

f.

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

g.

The granting of the variance desired will not be opposed to the relevant purposes and intents of this Unified Development Code.

h.

The variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Code and the individual hardships or practical difficulties that will be suffered if the variance request is denied.

(4)

Conditions of approval

a.

In making any decision granting a variance, varying or modifying any provisions of the Unified Development Code, the board of zoning adjustment may impose such conditions, restrictions, terms, time limitations, landscaping, screening and other appropriate safeguards as needed to protect adjoining property.

b.

The board of zoning adjustment may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond will be based on a general estimate of cost for the improvements as determined by the board of zoning adjustment and will be enforceable by, or payable to, the city council in the sum equal to the cost of constructing the required improvements.

c.

In lieu of the performance bond requirement, 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 declare the granting of the application null and void after reconsideration.

(UDC 2010, §§ 23.7.10, 23.11; Ord. No. 2011-3753, § 1, 9-27-2011; Ord. No. 2012-3880, § 2, 12-18-2012)

(a)

Applicability. This section sets forth the required review and approval procedures for appeals of administrative decisions.

(b)

Right to appeal. Unless an alternative appeal process is specified herein, the board of adjustment is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the community development director or other official of the city in the administration or enforcement of the zoning standards as identified in section 2-118 of this Code.

(c)

Application.

(1)

An application for an appeal of an administrative decision may be obtained from the community development director. The application must be completed in its entirety and filed with the community development director. An application for an appeal must be filed within ten days after a ruling by the applicable city official.

(2)

The filing of a complete application for an appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the board of adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings cannot be stayed other than by a restraining order which may be granted by a court of record.

(d)

Procedure.

(1)

Action by community development director. The community development director, or the official whose decision is being appealed, will transmit to the board of adjustment all papers constituting the record upon which the action appealed is taken.

(2)

Board of adjustment action. The board of adjustment will 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 adjustment will have all the powers of the official from whom the appeal is taken, and the board of adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the board of adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it will 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.

(3)

Findings of fact. An appeal will be sustained only if the board of adjustment finds that the administrative official erred. Every decision of the board of adjustment must be accompanied by written findings of fact that specify the reason for the decision.

(4)

Appeals of board of adjustment decisions. Any person aggrieved by a decision of the board of adjustment may present to the circuit court of the county 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 30 days after the date on which the board of adjustment's written decision on the matter is filed in the office of the city clerk.

(UDC 2010, § 23.12; Ord. No. 2017-4366, § 4, 6-13-2017)

At a minimum, a variance request shall include the following information:

(a)

A site map that includes locations of all streams, wetlands, floodplain boundaries, slope, topography and other natural features, as determined by field survey;

(b)

A description of the size, shape, soils, vegetation and other physical characteristics of the property;

(c)

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

(d)

Documentation of unusual hardship should the buffer be maintained;

(e)

The applicant shall submit at least one alternative plan, which complies with the provisions of this section and an explanation of why the site can not be developed in accordance with the alternative plan;

(f)

A calculation of the total area and length of the proposed intrusion;

(g)

A stormwater management plan, if applicable; and

(h)

Proposed mitigation for the intrusion. If no mitigation is proposed, the request shall not be granted.

(Ord. No. 2011-3753, § 1, 9-27-2011)

The following factors shall be considered in determining whether to issue a variance:

(1)

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(2)

The locations of all streams on the property, including along property boundaries;

(3)

The location and extent of the proposed buffer or setback intrusion;

(4)

Whether alternative designs are possible which require less intrusion or no intrusion; and

(5)

Whether or not the proposed mitigation offsets the intrusion.

(Ord. No. 2011-3753, § 1, 9-27-2011)

The planning commission shall be composed of a total of nine members, one of which shall be the mayor, one of which will be a representative from the governing body, and seven of which shall be citizens and residents of the City of Belton, Missouri, who have been appointed by the mayor with the advice and consent of a majority of the city council.

(1)

Terms.

a.

The term of each of the citizen members is four years.

b.

The term of each citizen member begins August 1 of each year.

c.

At its first August meeting, or the first meeting after August if no meeting is held in August, the commission must annually elect a chair and a secretary, who shall serve as vice chair. The chair and secretary must be citizen members. The terms are for one year with eligibility for re-election.

d.

All citizen members of the commission will serve without compensation.

e.

The city council may remove any citizen member for cause stated in writing and after a public hearing. The mayor may, with the consent of the majority of the council members, remove any member for misconduct or neglect of duty. A member's unexcused absence from three consecutive regular meetings in a 12-month period constitutes neglect of duty.

(2)

Vacancies. The mayor, with the approval of the majority of the city council, may fill vacancies for the remainder of any vacant term.

(3)

Rules of procedure. The planning commission has the authority to make rules and regulations for the proper conduct of its business.

(4)

Quorum. A majority of the members of the commission constitutes a quorum and no action of the commission is binding unless authorized by a majority of the full membership of the commission at a regular meeting or at a duly called special meeting. Special meetings may be called by the chair or by any two members of the commission upon giving written notice to the members of the commission at least three days before the date of the special meeting.

(UDC 2010, § 23.13; Ord. No. 2014-3974, § 3, 2-25-2014; Ord. No. 2023-4751, § 3, 1-10-2023)

(a)

The planning commission shall hold regular meetings and special meetings to carry out its powers and duties.

(b)

All meetings are open to the public, except as permitted by law.

(c)

The commission must keep minutes of its proceedings, showing the vote of each member upon each question, as well as any members that are absent. The records of the commission proceedings and actions must be filed in the office of the city clerk and these will be a public record.

(UDC 2010, § 23.14; Ord. No. 2014-3974, § 4, 2-25-2014; Ord. No. 2023-4751, § 4, 1-10-2023)

The planning commission has the following powers and duties:

(1)

The powers and duties as authorized by RSMo, ch. 89, as amended;

(2)

To review and make recommendations or final decisions on applications, as outlined and referenced in Appendix B of the Unified Development Code.

(3)

To hold public hearings for certain application types where required, as outlined in Appendix B of the Unified Development Code, as well as for other special circumstances, including the process of adopting a Comprehensive Plan or other long-range planning documents, studies, or plans.

(4)

The planning commission shall serve as the zoning commission and have and perform all functions provided for in RSMo, ch. 89, as amended.

(5)

The planning commission shall adopt and amend a comprehensive plan through the processes and procedures as provided for in RSMo, ch. 89, as amended.

(UDC 2010, § 23.15; Ord. No. 2011-3753, § 1, 9-27-2011; Ord. No. 2014-3974, § 5, 2-25-2014; Ord. No. 2023-4751, § 5, 1-10-2023)

(a)

Membership. The development review committee consists of the community development director and representatives from city departments (i.e., city planner, city engineer, city building inspector, fire marshal, police department, parks and recreation and other government agencies deemed necessary by the director to provide input on development proposals).

(b)

Meetings. Meetings will be held at the request of the community development director as a part of the city's regular internal staff meetings.

(c)

Powers and duties. The development review committee has the following powers and duties:

(1)

To review and provide input on site plans, zoning map amendments, conditional uses, special uses, planned developments, preliminary plats, final plats, and

(2)

To review and provide input on other applications, when requested by the community development director.

(UDC 2010, § 23.16)

(a)

Purpose and applicability. Before submitting a formal application for a map amendment, preliminary plat, conditional use, planned unit development, or development plan, the applicant or his or her agent and the applicant's engineer and/or land planning consultant must confer with the development review committee. The purpose of this conference is to inform the applicant of the requirements of development regulations as they apply to the property in question and to alert the applicant to potential problems with the location or design of the subdivision or proposed development. The purpose of the inquiry is for the owner to become familiar with procedures required by the City of Belton, and potential challenges with the project, including:

(1)

Procedure for filing plans;

(2)

Availability of public infrastructure;

(3)

Comprehensive plan requirements for improvements such as arterial and collector streets, land use, parks, schools and public open spaces;

(4)

Anticipated need to submit technical studies, such as a traffic study or preliminary stormwater study;

(5)

Zoning requirements for the property in question and adjacent properties;

(6)

Special setback requirements for arterial, collector and local streets;

(7)

Citizen concerns clarification of city imposed impact fees.

(b)

Conference procedure. The development review committee will hold a conference with the applicant to discuss the proposed development. Areas of discussion will include the adequacy of sanitary and other services, streets, pavement, stormwater drainage, and provisions for maintenance of public or common property, or sanitary and water supply services, and of the character of the subdivision, minimum dwelling size, emergency vehicle access and other proposed lot characteristics and such other matters relevant to the preparation of a preliminary plat or complete plan application.

(UDC 2010, § 23.17)

The community development director has the following powers and duties:

(1)

To enforce this Unified Development Code;

(2)

To approve and issue all zoning 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 render interpretations of this Unified Development Code;

(5)

To schedule meetings of the development review committee, as needed;

(6)

To receive, file and transmit applications for site plans, preliminary and final plats, rezonings, PUDs, variances, conditional use permits, special use permits and vacations as designated in this Unified Development Code;

(7)

To maintain permanent and current records of this Unified Development Code, including but not limited to, all zoning text and map amendments, conditional uses, plats, variances, appeals and other development review applications;

(8)

To provide such clerical, technical and consulting assistance as may be required by the planning commission, board of adjustment and other boards, commissions and officials in the exercise of their duties relating to this Unified Development Code; and

(9)

To maintain the rules of the planning commission and board of adjustment.

(UDC 2010, § 23.18)

In addition to the powers and duties set forth elsewhere in the Code of Ordinances, the director of public works has the following powers and duties related to this Unified Development Code:

(1)

To make recommendations on preliminary and final plats;

(2)

To make recommendations on vacations of streets or reservations;

(3)

To make recommendations that adequate public facilities have been provided;

(4)

To make decisions on floodplain development permits; and

(5)

To advise the city council when public improvements are ready for acceptance.

(UDC 2010, § 23.19)

In addition to the powers and duties set forth elsewhere in the Code of Ordinances, the city council has the following powers and duties related to this Unified Development Code:

(1)

To make decisions on zoning map and text amendments;

(2)

To make decisions on conditional uses;

(3)

To make decisions on special use permits;

(4)

To make decisions on planned unit developments;

(5)

To make decisions on preliminary and final plats;

(6)

To make decisions on vacations of streets or reservations; and

(7)

To decide appeals on site plan reviews.

(UDC 2010, § 23.20)