The following procedures are applicable to all applications submitted to the city pursuant to this chapter.

(a)

Zoning verification letters.

(1)

Authority. Planning and development director, and/or their designee, shall have the authority to issue zoning verification letters in accordance with this chapter.

(2)

Purpose. The zoning verification letter is intended to provide official verification of the zoning and types of uses allowed in the zoning district of a particular parcel on the date the letter is issued. The zoning verification letter does not guarantee the property will be rezoned at a later time, nor does the letter guarantee the existing zoning for future development.

(3)

Procedure.

a.

Application. Applications for zoning verification letters shall be submitted to the planning and development department and shall be in such form and contain such information and documentation as shall be prescribed from time to time by the director.

b.

Action on application. Following receipt of a completed application for a zoning verification letter, the planning and development director, and/or their designee, shall cause the application to be reviewed and shall issue a zoning verification letter which shall state on its face, the current zoning of the property, current allowed uses, any pending rezoning applications and, in bold type, that:

"THIS VERIFICATION DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL NOR SUBDIVISION REVIEW OR APPROVAL AND IS NOT AN AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED.

BEFORE ANY STRUCTURE TO WHICH THIS VERIFICATION LETTER IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED."

(i)

Incomplete applications will not be processed until all required information and documentation is received.

(ii)

Applicants will have seven business days to provide the requested information and documentation in order to deem the application complete. Failure to do so will result in the retention of any and all funds collected.

c.

Disposition of copies. The planning and development director and/or their designee, shall return one copy to the applicant and shall retain one copy in their records for such period deemed necessary.

(4)

Effect of issuance of zoning verification. The issuance of a zoning verification letter shall not authorize the establishment or extension of any use nor the development, construction, relocation enlargement, structural alteration or moving of any building or structure, but shall merely provide verified information necessary to establish the current zoning and allowed use.

(b)

Pre-application conference.

(1)

A potential applicant may request a pre-application conference with the planning and development director, and shall pay the required fees, if any. The planning and development director shall determine what other city representatives will be necessary to review the proposed application, and notify them of the meeting. With the request for a pre-application conference, the applicant shall provide to the planning and development director sufficiently detailed plans and descriptions of the proposal for staff to make informal recommendations regarding the proposed project. The planning and development director may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the planning and development director shall notify the planning commission or the board of the applicant's lack of a sufficient submission for pre-application review.

(2)

The informal evaluation conducted by the planning and development director and staff provided at the pre-application conference are not binding upon the applicant or the city. A pre-application conference precedes the actual application, so some key issues relating to a specific proposal may not be apparent at the pre-application conference and may require additional review, submissions, or studies later in the application process.

(c)

Application requirements. The applicant shall submit the application to the planning and development director. Application submittal requirements for every application type shall be established by the planning and development director on submittal forms available from the planning and development department or on the city's website. The planning and development director may waive submission requirements where appropriate for specific applications.

(d)

Reports and studies.

(1)

Reports or studies may be necessary to adequately evaluate the consequences of a proposed development, and may be required as part of a specific application. These may include, but are not limited to, studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts, and environmental impacts.

(2)

The applicant shall furnish the reports or studies needed at the applicant's cost, or at the city's discretion, pay appropriate cost of the study to the city so that the city many retain a consultant to prepare the required study.

(3)

All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. Failure of the applicant to select a city-approved professional or consulting firm may result in the city's refusal to consider the report or study, or denial of the application.

(4)

Stormwater drainage. Stormwater detention facilities may be required by the public works director in accordance with the Design Criteria for Public Improvement Projects, which is on file with the city clerk's office. Existing drainage patterns shall be studied in order to ensure minimal impact to downstream properties as a result of a proposed subdivision. The results of such analysis shall be depicted on the required drainage plan, which shall also include the following information:

a.

Location and elevations (before and after development) of all defined floodplains affecting the property;

b.

Location and elevations of all existing and proposed utilities affected by, or affecting, the drainage design;

c.

Routing of off-site drainage flow through the development;

d.

Routing and accumulation of flows at various critical points for the appropriate design storm;

e.

Proposed points of release for runoff from the development and proposed management methods to minimize impact on downstream properties. Any temporary or permanent facility designed and constructed for the conveyance of water shall be designed to limit the water flow to a non-erosive velocity;

f.

Details of proposed detention storage facilities, where required; and

g.

Proposed storm sewers and open drainageways, and the location of connections to existing drainage systems.

(5)

Traffic impact analysis.

a.

Traffic impact analysis required. The transportation system for new development shall be capable of supporting the proposed development in addition to the existing and future uses in the area. Evaluation of system capacity shall be undertaken through a traffic impact analysis (TIA) that should consider the following factors without limitation: street capacity and level of service, vehicle access and loading, on-street parking impacts, the availability of transit service and connections to transit, impacts on adjacent neighborhoods, and traffic safety including pedestrian safety. A TIA shall be required and submitted with applications for development review and approval when:

(i)

Trip generation during any peak hour is expected to exceed 250 trips per day, or more than 100 trips during any one-hour peak period, based on traffic generation estimates of the Institute of Transportation Engineers' Trip Generation Manual (or any successor publication);

(ii)

A TIA is required by the planning commission or board as a condition of any special use permit approved pursuant to the requirements of these regulations; or

(iii)

The planning and development director or public works director requires a TIA for:

1.

Any project that proposes access to a street with level of service "D" or below;

2.

Any application for a major subdivision;

3.

Any case where the previous TIA for the property is more than two years old;

4.

Any case where increased land use intensity will result in increased traffic generation; or

5.

Any case in which the planning and development director or public works director determines that a TIA should be required because of other traffic concerns that may be affected by the proposed development.

(iv)

Traffic impact analysis and development review process. A scoping meeting between the developer, planning and development director, and public works director shall be required prior to the start of the TIA in order to determine the parameters of the study. This may be conducted as part of a pre-application meeting. The planning and development director or public works director shall define the vicinity of the TIA study in as limited a geographic area as is feasible to make adequate traffic determinations for the project. Where a larger boundary is necessary to make adequate traffic determinations, the city shall work with the applicant to provide traffic information and perform such modeling as is necessary to study the area outside of the project vicinity.

b.

Traffic mitigation measures.

(i)

The applicant shall, as part of the TIA, recommend measures to minimize and mitigate the anticipated impacts, and determine the adequacy of the development's planned access points. Mitigation measures shall be acceptable to the city and may include, without limitation: an access management plan, transportation demand management measures, street improvements on or off the site, placement of proportionate pedestrian, bicycle, or transit facilities on- or off-site, or other capital improvement projects such as traffic calming infrastructure or capacity improvements.

(ii)

Following city approval of the TIA, the applicant and the city shall enter into an agreement specifying the implementation program and timeframe for the required traffic improvements, and identifying mitigation requirements where the project construction timeframe varies from the anticipated traffic improvement timeframe.

(e)

Fees.

(1)

Fees for the review of an application shall be established from time-to-time by the board. Application fees are in the amount provided in the city fee schedule.

(2)

The city may also assess and collect such additional fees as it may deem appropriate; provided that, when operating pursuant to the authority granted by this provision, the city shall base such additional fees upon the actual cost, whether by city employees or independent third parties, of performing related plan and document preparation and review, inspection of construction of public and related improvements, and all related services, including attorney and engineering fees. Such additional fees may be charged on a per-unit basis, such as foot or mile, and the city may also include in such additional fees a factor for overhead or other indirect expenses.

(3)

The following shall apply to actions taken on a complete application:

a.

Withdrawn application: All fees are forfeited; the fee must be paid again in full if the application is resubmitted.

b.

Continuance of application: Payment of fees may be required to cover the cost of additional notice.

c.

Reapplication, resubmission: Payment of fees shall be required for a reapplication or resubmission where a previous application has been denied.

d.

Modification or revision of approved sketch or preliminary plan: Payment of the application fee shall be required to cover costs of re-review, less the cost of notice.

(f)

Complete and sufficient application.

(1)

Applications shall not be processed until all materials have been submitted and are deemed sufficient in form and content such that recommendations, as required, and a decision may be made on the application by the city officer or body authorized to review the application. The planning and development director shall determine application sufficiency.

(2)

If an application is deemed insufficient, the planning and development director shall inform the applicant within 15 working days of the specific submittal requirements that have not been met. The planning and development director may provide notice in writing, electronically, or in conversation with the applicant.

(3)

If an application is deemed insufficient, the applicant must resolve and resubmit the materials required to complete the application within 30 days of the original submission of the application. An insufficient application that has not been revised to meet the completeness requirements shall expire on the thirtieth day. An expired application shall be returned to the applicant along with any original documents submitted in support of the application. The city may retain the application fee paid. Once an application has expired, the application must be resubmitted in full.

(g)

Review and approval criteria. To recommend or approve a development application, the review or decision-making body, as applicable, shall find that the development application has satisfied and followed the applicable requirements of this chapter, and meets all of the approval criteria required for the applicable development application as established in the individual application types in this chapter.

(h)

Conditions.

(1)

The review or decision-making authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of this chapter. Conditions and additional information requirements shall be in written form and attached to the approved plan, plat or permit.

(2)

Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development, and shall be based upon adopted standards.

(3)

The decision-making authority may place specific time limits on the satisfaction of any condition of approval.

(4)

The decision-making authority may require financial guarantees from the applicant where it finds such guarantees are necessary to ensure compliance with conditions of approval, and protect the public health, safety or welfare. The city shall release such guarantees when the planning and development director has determined that all conditions attached to the approval have been, or will be satisfied.

(i)

Continuation.

(1)

The planning commission or board may continue a hearing on its own initiative, or at the request of the applicant.

(2)

Where the applicant requests continuation after provision of notice, the cost of renotification shall be borne by the applicant.

(3)

Applicants shall be limited to two requests for continuance. If the application is not heard following the second request, it shall be considered withdrawn and the applicant will be required to resubmit the application for further consideration.

(j)

Lapse. Except as otherwise specified in the specific procedure sections of this chapter, an approval granted under this chapter shall lapse and shall become void two years following the date of final approval unless, prior to the expiration date, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion.

(k)

Extension. An approval may be extended by the body that issued the original approval for up to one year. Requests for extensions of more than one year must show good cause for need for extension. The applicant shall submit a request for an extension in writing to the planning and development director at least 60 days prior to the date of approval termination. This section shall not be applicable to applications and approvals that pre-date the adoption of this section.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2025-0001, § 2, 1-14-2025)

(a)

General procedure.

(1)

Changes in the zoning district of a tract or parcel of land located in the city shall be made by ordinance by the board upon recommendation by the planning commission after notice and hearing as provided by law. Every such ordinance shall legally describe the particular tract or parcel of land, and the change being made in its zoning district. Each ordinance may contain more than one change of zoning.

(2)

Upon the adoption by the board of an ordinance change of the district of any tract or parcel of land, the planning commission shall cause the change to be made on the official zoning map so that the map shall at all times reflect current zoning district of any tract or parcel of land in the city.

(b)

Changes by the board. The board may from time to time amend the district boundaries or regulations contained in this chapter; provided such proposed change is first submitted to the planning commission for recommendation and its report; and provided that no less than 15 days' notice of such proposed change shall first be published in the newspaper in the city, and a hearing is granted to any person interested at a time and place specified by such notice. If a protest against such amendment is presented, duly signed and acknowledged by the owners of 30 percent 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 185 feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed, except by at least two-thirds vote of the board.

(c)

Changes by other individuals or groups.

(1)

Application for any change in district boundaries of any tract or parcel of land shall be filed with the planning and development director and shall be accompanied by such data and information as may be prescribed by the planning commission so as to ensure the fullest practicable presentation of facts for the permanent record.

(2)

The application shall only be filed by the owner of the property seeking a change of district, or by a person having a contract to buy such a property. In the event of a denial of such application, reapplication by the same applicant may be filed no less than 60 days following such denial.

(3)

To defray costs of proceedings prescribed herein, filing and publication fees shall be paid upon the filing of each application for a change of districts.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2021-0101, § 2, 9-14-2021)

(a)

Generally applicable requirements.

(1)

Lapse and expiration. The following provisions are applicable to subdivision approvals:

a.

Preliminary plat. Approval of any preliminary plat shall be effective for a period of two years, at the end of which time the first phase of the final plat must be submitted. Approval of the preliminary plat remains in effect continuously if final plats are being filed and approved. If the final plat has not been submitted within two years, or subsequent phases are not submitted and approved every two years, the preliminary plat shall be void and the applicant shall be required to submit a new preliminary plat.

b.

Previously approved preliminary plat. Any plat approved in accordance with regulations in effect prior to the effective date of the ordinance amending this chapter shall be deemed to have been approved as a preliminary plat. Such approval shall be effective for a period of two years from the effective date of the ordinance amending this chapter. If a final plat has not been submitted within two years, the development plan shall be considered void and the applicant shall be required to submit a new preliminary plat in accordance with this article.

c.

Final plat. If a final plat is not recorded within two years of the effective date of the ordinance approving it, the approval shall become void and a new preliminary plat must be submitted to the planning commission and board for its consideration.

(b)

Classification of subdivision processes.

(1)

Minor subdivision.

a.

An applicant shall submit an application for minor subdivision if a proposed subdivision or reconfiguration of land does not:

(i)

Contain more than three parcels, each of which has frontage on an existing street;

(ii)

Involve any new street or the extension of municipal facilities, or the creation of any public improvements;

(iii)

Adversely affect the remainder of the parcel or adjoining property; or

(iv)

Conflict with any provision or portion of the comprehensive plan, major street plan, zoning regulations, or any currently adopted city engineering or design specifications.

b.

The creation of new parcels through a minor subdivision will require payment of all required impact fees and dedication on the same basis as creation of new parcels in a regular subdivision.

c.

Parcels are eligible for minor subdivision only once, and further subdivision of the original or newly created parcels shall be processed as a major subdivision.

(i)

The city may approve additional minor subdivisions, exceeding one split but not more than three splits, when a development requiring an additional minor subdivision is designed to alleviate housing supply shortages in the city and such housing developments which is credited or funded in whole, or in part by federal or state government agencies or programs and approved by the board of aldermen.

The plan review documents submitted by an applicant for any additional minor subdivision split shall meet all standard review criteria (including review of compliance with the city's codes related to zoning, utilities, infrastructure, stormwater detention, and the city's comprehensive plan) and shall include a written cumulative impact analysis report addressing the additional minor subdivision's effects on traffic, utilities, stormwater, infrastructure, and the city's comprehensive plan. Any additional minor subdivision request shall be reviewed by city staff and finally approved or denied by the planning and development director and the public works director.

The planning and development director and the public works director may only approve an additional minor subdivision, if an applicant for the same has satisfied the provisions of this section and there is sufficient evidence in the plan review documents that the approval of an additional minor subdivision would not be detrimental to the health, welfare, or integrity of related properties; infrastructure of property in the proposed additional minor subdivision; or properties adjacent to, affected by, or contained in the proposed additional minor subdivision.

A final certificate of approval for a subsequent minor subdivision under this section shall be signed by the planning and development director and be included in the applicant's file.

(2)

Major subdivision. All subdivisions other than minor subdivisions shall be processed as major subdivisions.

(3)

Condominium split.

a.

An applicant shall apply for a condominium split if the proposed subdivision meets the following criteria:

(i)

Each parcel shall have frontage on, or permanent and continuous access through common elements to, existing public streets;

(ii)

The project shall not involve any new street, the extension of municipal facilities, or the creation of any public improvements;

(iii)

The project shall not adversely affect the remainder of the parcel or adjoining property; and

(iv)

Neither the project nor the use of a condominium split are in conflict with any provision or portion of the comprehensive plan, major street plan, or zoning regulations, and shall otherwise be in conformance with all applicable city regulations.

b.

Once a final plat has been approved and recorded on property used for condominium construction, the owner may proceed with the condominium split procedure in lieu of the normal requirements of subdivision as outlined in this article.

(c)

Minor subdivision review.

(1)

Application submission.

a.

The applicant shall be required to submit an application for a minor subdivision on forms available from the planning and development department along with the applicable fee as provided in the city fee schedule.

b.

The application shall include a certified plat for review.

(i)

The certified plats shall be prepared by a registered surveyor in conformance with this section.

(ii)

The plats shall show all existing buildings, utilities, sanitary sewers, water mains, drainage ditches, easements, and other features pertinent to proper land division and compliance with this chapter. The planning and development director may require additional information as necessary for making a determination.

(2)

Review and approval.

a.

Minor subdivision applications will be reviewed by the planning and development director, public works director, and utilities director to determine if they meet the requirements for the minor subdivision procedure.

b.

If the application is determined to be eligible for the minor subdivision process, the planning and development director will notify the applicant in writing of the approval, conditional approval, or rejection of the plat within 21 days of receipt of a complete application.

c.

The determination of the planning and development director shall be the final action on minor subdivision procedures. If the minor subdivision is denied, the applicant may appeal to the board of adjustment in accordance with the procedures in this chapter.

(3)

Recordation.

a.

When conditional approval of the minor subdivision is granted, the conditions imposed shall be complied with prior to the documents being signed and recorded.

b.

If approval of the minor subdivision is granted, the applicant shall pay any applicable fees from new parcels created and shall supply the city with five paper copies. These documents shall show all information required under this chapter and the signature block shall read:

The undersigned proprietors of the property described herein have the same to be subdivided in the manner shown on this plat, and said property shall hereafter be known as ___________.

It shall be sufficient description of the parcels on this plat to hereafter designate the same by the number appearing near the center of the parcels followed by the block number appearing near the center of the respective blocks followed by the words ___________:

An easement or license is hereby granted to the City of Branson, Missouri, to locate, construct and maintain, and to authorize the location, construction, maintenance, or use of conduits, for all and any purpose, water, gas, and sewer mains, poles, wires, anchors and appurtenances thereto, or any or all of them over, under, and along the strip of land outlined on this plat and designated "UTILITY EASEMENT" or "U.E."

In testimony whereof, the undersigned proprietors have hereunto set their hands this _____ day of _______ 20___.

STATE OF MISSOURI

COUNTY OF TANEY

On this _______ day of _______,

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in said County and State and day and year last written above.

__________________
Notary Public

My Commission Expires:
__________________

Approved by the Planning and Development Director and the Public Works Director, under the authority of the Mayor and Board of Aldermen of Branson, Missouri this _______ day of _______20 ___.

c.

Any signature shall have the corresponding name typed, printed or stamped beneath the signature.

(d)

Major subdivision review.

(1)

Generally. All major subdivisions are processed in two stages: 1) the preliminary plat, and 2) the final plat. The final plat can only be filed with the city for review and processing after the preliminary plat has been approved or conditionally approved by the board of aldermen. Specific procedures for preliminary and final plats are outlined below.

(2)

Preliminary plat application process.

a.

Prior to filing a preliminary plat for review, an applicant may submit the preliminary plat for pre-application review. As far as may be practical on the basis of the preliminary plat, the planning and development director will, in writing, advise the applicant as promptly as possible of the extent to which the proposed subdivision conforms to the design standards in this section, and will discuss possible modifications that may be necessary to secure conformance.

b.

An applicant shall be required to submit an application for a preliminary plat on forms available from the planning and development department along with the applicable fee as provided in the city fee schedule. The application shall include a certified preliminary plat and shall be submitted at least 30 days prior to a regular meeting of the planning commission at which consideration is requested.

(3)

Preliminary plat application content.

a.

Proposed name of subdivision. Names shall not duplicate or too closely resemble names of existing subdivisions.

b.

Location of boundary lines in relation to section, quarter section, or quarter-quarter section lines, and any adjacent corporate boundaries comprising a legal description of the property.

c.

Names and addresses of the developer and the surveyor, engineer, or landscape architect preparing the preliminary plat.

d.

Scale of plat, one inch equals 100 feet, except a scale of one inch equals 200 feet shall be used where the size of the ownership is such that an unwieldy sheet size would be required.

e.

Date and north point.

f.

Existing conditions on the proposed subdivision site and adjacent to the site within 200 feet of the property lines.

g.

Locations, width, and name of each existing or platted street or other public right-of-way, railroad and utility easement, parks and other public open spaces, and permanent buildings within or adjacent to the proposed subdivision.

(i)

All existing sewers, water mains, gas mains, culverts, or other underground installations within the proposed subdivision or adjacent thereto, with pipe size, grades, and locations shown.

(ii)

Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided land.

(iii)

Topography, unless specifically waived, with contour intervals of not more than two feet, refer elevation to United States Geological Survey (USGS) datum; also the locations of watercourses, floodplains, ravines, bridges, lakes, and wooded areas, approximate acreage, and such other existing features as may be pertinent on the site and adjacent to the proposed subdivision. In areas where grades are gentle, the planning and development director may require a lesser contour interval.

(iv)

Special features such as ponds, dams, steep slopes, or unusual geology, or unusual history, such as former dumps, fill areas, or lagoons, must be identified by the applicant. The applicant will be required to provide professional analysis of these conditions to address questions related to the proposed subdivision.

h.

Proposed development:

(i)

The general location, width, and name of proposed streets, roadways, alleys, pedestrian ways, and easements. Street names shall not closely duplicate or resemble names of existing streets.

(ii)

The general location and character of all adjacent existing public utility lines, including sewers (storm and sanitary), water lines, and power lines.

(iii)

The general location, footprint, and volumes of all detention, retention, or low impact development.

(iv)

Layout, number, and approximate dimensions of parcels.

(v)

Location and size of proposed parks, playground, churches, 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. Off-site impacts of preliminary plats will be evaluated. The applicant may be required to furnish engineering studies or revised layouts in response to identified off-site impacts.

i.

A vicinity sketch (location map), at a legible scale to show the relation of the plat to surroundings, shall be shown on the preliminary plat. Utility connections too remote to be shown on the preliminary plat shall be shown on this sketch.

(4)

Preliminary plat review and approval.

a.

The planning commission will recommend action on preliminary plats to the board based on the planning commissions' review of the following criteria:

(i)

Evidence of substantial compliance with the purpose and intent provisions of these regulations and the zoning code;

(ii)

Consistency with the adopted comprehensive plan;

(iii)

Physical suitability of the land for the proposed development or subdivision;

(iv)

Compatibility of the subdivision design and development intensity with surrounding land uses;

(v)

Whether there are adequate facilities available to serve the development as designed;

(vi)

Evidence of approval by the appropriate utilities, including water and sewer;

(vii)

That the general layout of lots, roads, driveways, sidewalks, utilities, drainage facilities, and other services within the proposed subdivision are designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees, vegetation, riparian areas, and other natural features, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of these regulations.

(viii)

Evidence that provision has been made for a public sewage disposal system.

(ix)

Evidence that all areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions.

(x)

Provision has been made for assumption of responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision.

(xi)

As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.

b.

Approval or disapproval of the preliminary plat will be by board resolution, a copy of which will be conveyed to the applicant in writing after the meeting of the board at which such plat was considered. In case the plat is disapproved, the applicant shall be notified of the reasons for such action and what requirements will be necessary to meet the approval of the board.

c.

The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat.

(5)

Construction plans.

a.

Upon approval of the preliminary plat by the board, the applicant shall prepare and submit to the public works director four prints of the following:

(i)

Preliminary plans and profiles of all public streets, showing sidewalks, proposed streetlight locations, and landscaping as required by this chapter.

(ii)

Preliminary plans and profiles of sanitary sewers.

(iii)

Preliminary stormwater plans, including culverts, bridges, underground pipes, improved channels, and natural waterways where appropriate. Drainage easements shall also be shown in preliminary fashion in the plan. Hydrology calculations shall conform to the city's Design Criteria for Public Improvement Projects.

(iv)

A plan showing proposed slope treatments, including the location of any retaining walls, for areas of the property with slopes of two to one or greater. All proposed slope management techniques shall conform to the requirements of the city's land disturbance permit process.

(v)

Preliminary water supply and distribution plan, and a letter of approval from the local agency for the water supply.

(vi)

A public facilities plan depicting the location and size of any park, school, or other public lands to be dedicated or otherwise set aside for public ownership and use.

(vii)

An environmental site assessment addressing the following:

1.

Is any part of the property impacted by a defined floodplain?

2.

Are any existing or proposed utilities affected by, or affecting the drainage design?

3.

Are there any existing bodies of water downstream from areas proposed to be graded?

4.

Does the existing or proposed site topography result in surface water runoff reaching an erosive velocity?

(viii)

A generalized site map depicting the following information:

1.

How upstream drainage will be routed through the property.

2.

The location of all proposed points of release for runoff from the development, and a narrative description of any proposed management methods.

3.

Those areas of the site which will be disturbed during site grading.

b.

Based on the drainage and runoff information identified on the generalized site map, the public works director may require the preparation and submittal of four copies of a complete drainage plan and a grading and erosion control plan in accordance with requirements of this chapter and the city's land disturbance permit process, as applicable.

c.

The public works director and other appropriate officials shall review these documents and submit them to the appropriate board and committees with technical recommendations. The planning commission shall not approve a final plat until all public works elements have been designed and are in compliance with this section as certified by the public works director.

(6)

Final plat application process.

a.

After approval of the preliminary plat and public works elements, the applicant shall prepare and submit a final plat for review and approval together with other supplementary information and certificates.

b.

An applicant shall be required to submit an application for a final plat on forms available from the planning and development department along with the applicable fee as provided in the city fee schedule. The application shall include a certified final plat and shall be submitted at least 30 days prior to a regular meeting of the planning commission at which consideration is requested.

c.

Upon approval, the applicant shall supply the city with at least five prints on paper for recording by the city.

(7)

Final plat submission content. The final plat shall be drawn at a scale of one inch per 100 feet. If more than two sheets are required, an index map showing the entire development shall be shown on each sheet, along with appropriate match lines. The final plat shall include the following information:

a.

Name of subdivision.

b.

Location by section, township, range, county, and state, including descriptive boundaries of the subdivision based on an accurate traverse giving angular and linear dimensions of second order surveying accuracy. All calculations shall be furnished showing bearing and distances of all boundary lines and parcel lines, and the square foot area of each parcel.

c.

Location of boundaries in accordance with the following standards: Third Order, Class I as defined in the current Classification Standards of Accuracy and Specifications for Geodetic Control Surveys, 10 CSR 30-4, Missouri Code of State Regulations. The subdivision survey shall conform to the procedures as defined in the current Minimum Standards of Property Boundary Surveys, 10 CSR 30-1, Missouri Code of State Regulations. Appropriate boundary points shall include their state plane coordinates and grid factor.

d.

Location of parcels, streets, highways, alleys, parks, and other features with accurate dimensions in feet and decimals of feet, with the length and radii, or arcs, of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points, and points of curve, to parcel lines.

e.

Parcels shall be numbered clearly. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.

f.

The exact locations, widths, and names of all streets to be dedicated.

g.

Location and width of all easements to be dedicated.

h.

Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.

i.

Names and addresses of the developer and the surveyor, engineer, or landscape architect preparing the plat.

j.

Scale of plat (the scale to be shown graphically and in feet per inch), date, and north point.

k.

Statement dedicating all easements, streets, and other public property, properly signed and acknowledged by appropriate persons, surveyor's certification and other language as follows:

(i)

Legal description. An accurate legal description of the property being subdivided, including acreage.

(ii)

Dedication.

The undersigned proprietors of the property described herein have the same to be subdivided in the manner shown on this plat and said property shall hereafter be known as ___________.

It shall be sufficient description of the parcels on this plat to hereafter designate the same by the number appearing near the center of the parcels followed by the block number appearing near the center of the respective blocks followed by the words: ___________.

An easement or license is hereby granted to the City of Branson, Missouri, to locate, construct and maintain, and to authorize the location, construction, maintenance, or use of conduits, for all and any purpose, water, gas, and sewer mains, poles, wires, anchors and appurtenances thereto, or any or all of them over, under and along the strip of land outlined on this plat and designated "UTILITY EASEMENT" or "U.E."

An easement or license is also hereby granted to the City of Branson, Missouri, to locate, construct and maintain, and to authorize the location, construction, maintenance, and use of surface drainageways and installations, and underground drainage conduits and appurtenances for drainage purposes on, under and along the strips of land outlined on this plat designed "DRAINAGE EASEMENT" or "D.E."

Streets shown on this plat and not heretofore dedicated to public use are hereby so dedicated.

STATE OF MISSOURI

COUNTY OF TANEY

On this _______ day of _______,

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in said County and State and day and year last written above.

__________________
Notary Public

My Commission Expires:
__________________

Approved by the Planning and Zoning Commission of the City of Branson, Missouri, this: _____ day of _______ 20___.

Approved by the Board of Aldermen of the City of Branson, Missouri, this: _____ day of _______ 20___.

This plat prepared by:

Surveyor: __________________

(iii)

Any signature shall have the corresponding name typed, printed, or stamped beneath the signature.

l.

Supplementary documents and information to accompany the final plat:

(i)

Two, three-line profile prints of streets to be dedicated, indicating the grades thereon.

(ii)

Tax certificates from both the city and county shall be submitted, stating that all taxes and encumbrances have been satisfied of record on the land to be dedicated.

(iii)

Two copies of any private restrictions affecting the subdivision, or any part thereof, for future reference by the city and to be recorded.

(iv)

Sewers (storm and sanitary). Plan and profiles of all proposed storm and sanitary sewers. Calculations for storm and sanitary sewers based on minimum design criteria shall be included. Two additional copies of the sanitary sewer plans and a check for the appropriate amount made payable to the state for the state permit application shall be furnished for submission to state agencies.

(v)

Water system. Plans for water extensions and distribution lines, and letter of approval from the local agency for the water supply.

(vi)

Plans for street lighting system.

(vii)

All construction plans shall be on standard 24-inch by 36-inch plan profile sheets.

(viii)

Subordination of any existing easements where in conflict with proposed right-of-way.

(8)

Final plat review and approval.

a.

The planning and development director, public works director, and utilities director shall review and submit the final plats to the planning commission for its review and report. In recommending approval or disapproval of the final plat, the planning commission shall consider the following review criteria:

(i)

The proposed final plat complies with the conditions of approval of the preliminary plat;

(ii)

The layout and design of the proposed final plat is in substantial compliance with the approved preliminary plat, including but not limited to number of lots or parcels, street and block layout, and access;

(iii)

The improvement plans for any required on-site or off-site public or private improvements have been reviewed and approved by the city for construction; and

(iv)

The applicant has constructed all required public or private improvements, and they have been inspected and accepted by the city, or that the applicant has filed with the city sufficient financial security for those improvements.

b.

The applicant shall also submit the final plat to those utility companies or agencies involved for their review of the pattern and dimensions of the proposed easements. Utility companies or agencies shall include the local electric company, the local telephone company, the local cable television company, and the local water provider.

c.

After receiving the recommendation of the planning commission, the final plat shall be submitted to the board for its action.

(i)

The board may specify changes or modifications therein which it deems necessary, and may make its approval subject to such alterations.

(ii)

In case of planning commission disapproval, the applicant may appeal, present the final plat to the board, and seek approval.

(iii)

The action of the board shall be by ordinance, which ordinance shall include approval of the final plat for recording.

(iv)

Upon approval by the board by ordinances duly passed, such approval shall be endorsed on five copies on paper, under the hand of the city clerk and the seal of the city.

d.

The planning and development department shall record the approved plat within 30 days, provided all permits for public works improvements have been issued and the improvements either completed or the security received. The applicant shall pay all fees associated with the recording of the final plat.

(9)

Final plat required improvements and guarantees.

a.

Prior to the final reading of the ordinance approving the final plat, the applicant shall be issued all public works permits and provide satisfactory security in the form of a bond, cash escrow, or other securities guaranteeing the installation of the improvements in conformance with this chapter. The applicant may construct any, or all of the permitted public works elements without submission of the security. However, the city will not accept any of the infrastructure until the final plat is recorded and the maintenance guarantee is provided as required in this chapter. No building permit shall be issued by the city for any parcel within the city limits until the required minimum improvements for streets and water are completed in accordance with this chapter.

b.

Any escrow amount held by the city to secure actual construction and installation of each component of the improvements or utilities shall be released within 30 days of completion of each category of improvement or utility work to be installed, minus a maximum retention of five percent, which shall be released upon completion of all improvements and utility work. Any such category of improvement or utility work shall be deemed to be completed upon certification by the city that the project is complete in accordance with the ordinances of the city, including the filing of all documentation and certifications required by the city in complete and acceptable form. The release shall be deemed effective when the escrow funds are duly posted with the federal postal service or other agreed-upon delivery service, or when the escrow funds are hand-delivered to an authorized person or place as specified by the owner or developer.

c.

No surety bond shall be accepted unless it is enforceable, or payable to the city or its agent, in a sum at least equal to the cost of constructing the improvements as estimated by the public works director and in form with surety and conditions approved by the city attorney.

(10)

Inspection and acceptance of improvements.

a.

All of the standard improvements required by these regulations shall be subject to inspection and approval of the public works director, who shall be notified at least 24 hours prior to the start of construction.

b.

The city shall not have any responsibility with respect to any street or other improvements, regardless of the possible use of the improvements by the public, unless the street or other improvements have been accepted by the city.

c.

Prior to requesting final acceptance of streets and sanitary and storm sewers, the applicant shall furnish as-built drawings in reproducible form. If possible, the as-built drawings should also be furnished electronically.

d.

The city shall, within 30 days after the public improvements have been offered for dedication to the city, accept the improvements, provided the improvements have been constructed in accordance with the requirements and conditions of this article and the specifications of the city. Applicants shall furnish proof that all improvements are free of liens and debts.

(11)

Maintenance bond. An acceptable maintenance bond shall be provided in the amount of ten percent of the contract price of the improvements against defects in workmanship and materials for a period of two years from the date of acceptance of such improvements. The bond shall be filed with the public works director prior to the issuance of public works permits by the city.

(e)

Condominium split.

(1)

Application requirements.

a.

The applicant shall be required to submit an application for a condominium split on forms available from the planning and development department along with the applicable fee as provided in the city fee schedule.

b.

The application shall include a certified plat for review.

(i)

The certified plat shall be prepared by a state-registered surveyor in conformance with this article.

(ii)

The plats shall:

1.

Show all existing buildings, parking lots, parking spaces, driveways, paved areas, and other features pertinent to proper division; and

2.

Shall set forth all angular and linear data along the exterior boundaries of the parcel; the linear measurements and location, with reference to the exterior boundaries, of the buildings located or to be located on the parcel; and the elevations or proposed elevations at, above, or below official datum of the finished or unfinished interior surfaces of the floors and ceilings, and the linear measurements of the actual or proposed finished or unfinished interior surfaces of the perimeter walls, and lateral extensions thereof, of every unit or proposed unit in the buildings, and the locations or proposed locations of such wall surfaces with respect to the exterior boundaries of the parcel projected vertically upward. Every such unit shall be identified on the plat by a distinguishing number or other symbol.

(2)

Review procedure.

a.

Condominium split applications will be reviewed by the planning and development director and the public works director to determine if they meet the requirements for the condominium split procedure.

b.

If the application is determined to be eligible for the abbreviated process, the planning and development director will notify the applicant in writing of the approval, conditional approval, or rejection of the division within 21 days of receipt of a complete application.

c.

The determination of the planning and development director shall be the final action on condominium split procedures. If the condominium split is denied, the applicant may appeal to the planning commission and board in accordance with the procedures in this chapter.

(3)

Approval of plat and recording.

a.

If approval of the condominium split is granted, the applicant shall supply the city with at least five prints on paper. These documents shall show all applicable information required under this chapter and the approval statements shall read:

The undersigned proprietors of the property described herein have the same to be subdivided in the manner shown on this plat and said property shall hereafter be known as ___________.

It shall be sufficient description of the parcels on this plat to hereafter designate the same by the number appearing near the center of the parcels followed by the block number appearing near the center of the respective blocks followed by the words: ___________.

In testimony whereof, the undersigned proprietors have hereunto set their hands this _____ day of _______ 20___.

STATE OF MISSOURI

COUNTY OF TANEY

On this _______ day of _______,

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in said County and State and day and year last written above.

__________________
Notary Public

My Commission Expires:
__________________

Approved by the Planning and Development Director and the Public Works Director, under the authority of the Mayor and Board of Aldermen of Branson, Missouri this _____ day of _______ 20___.

b.

Any signature shall have the corresponding name typed, printed, or stamped beneath the signature.

c.

When conditional approval of the condominium split is granted, the conditions imposed shall be complied with prior to the documents being signed and recorded.

(f)

Conservation design subdivision.

(1)

Pre-application meeting. Prior to submittal of a conservation design subdivision application, the applicant shall meet with the planning and development director for a pre-application meeting to discuss the preparation of a site analysis map and to schedule a site visit, as described herein.

(2)

Preliminary site analysis map. After the pre-application meeting, but prior to submittal of the conservation design subdivision application, the applicant shall prepare and submit a preliminary site analysis map that provides information about existing site conditions and context, and that comprehensively analyzes existing conditions both on the proposed subdivision property and on all lands within 1,500 feet of the subject property's boundaries. The site analysis map scale shall be in accordance with standards for a preliminary plat and the map shall contain the information listed in the subsections below.

a.

Natural and constructed features. The site analysis map shall show the relationship of the property to natural and constructed features located on the property and within 1,500 feet of its boundaries. The features to be shown include:

(i)

Public roads and trails;

(ii)

Utility easements and rights-of-way, as filed with the county;

(iii)

Constructed features, including but not limited to driveways, farm roads, buildings, foundations, walls and fences, wells, drainage fields, ditches, dumps, and utilities;

(iv)

Topography (from United States Geological Survey (USGS) maps) as required for preliminary plats, including steep slopes (30 percent or greater);

(v)

Streams, rivers, waterbodies, and wetlands, and required setbacks as defined in this chapter;

(vi)

Base flood areas;

(vii)

Wildlife habitat protection areas identified by the Missouri Department of Conservation and the United States Fish and Wildlife Service;

(viii)

Soils as mapped by the United States Department of Agriculture (USDA) Natural Resources Conservation Service;

(ix)

Public lands, both state and federal;

(x)

Lands protected under conservation easements; and

(xi)

Historically and culturally significant sites or structures.

b.

Proposed conservation area. The site analysis map shall depict the proposed or potential conservation area(s), including total calculated conservation area and its percentage of the total subdivision.

c.

Potential buildable areas. The site analysis map shall delineate the potential buildable areas, including total calculated conservation area and its percentage of the total subdivision.

(3)

Site visit. After the applicant creates a preliminary site analysis map, and prior to submission of the concept plan and complete application, the applicant shall schedule a site visit to the property with the planning and development director. The planning and development director may invite other relevant local, state, or federal entities (e.g., public works director, Ozark Regional Land Trust, Missouri Department of Conservation, Taney County Soil and Water Conservation District, United States Fish and Wildlife Service, or Missouri Department of Natural Resources) to attend the site visit. The purpose of the site visit is to:

a.

Familiarize staff with the property's existing conditions and special features,

b.

Identify potential site development issues, and

c.

Provide an opportunity to discuss design concepts, including the general location and layout, and management of the conservation area(s), the potential locations for proposed buildable areas, parcels, and building envelopes within parcels (as applicable), and the potential locations for utilities, roads, and other development features.

Comments made by staff during the site visit are not binding in any way and shall be interpreted as suggestions only. No official decisions shall be made during the site visit.

(4)

Concept plan. After the pre-application meeting and site visit, the applicant shall submit the site analysis map, concept plan, and proposed conservation area(s) management plan to the planning and development director for review and comment.

(5)

Complete application. Following receipt of the written comments on the concept plan from the planning and development director, the applicant shall submit a complete subdivision application for a conservation design subdivision. The subdivision review and approval process shall follow the requirements of a major subdivision approval.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2021-0101, § 2, 9-14-2021; Ord. No. 2025-0052, § 2, 8-12-2025)

(a)

Purpose. Applications for minor modification may be submitted along with an application for subdivision approval for the purpose of making a minor amendment to a development standard applicable to the proposed project. Minor modifications may also be made to approved preliminary or final plats that conform with the requirements of this section. A minor modification allows a change of up to ten percent to the applicable standard.

(b)

Standards subject to minor modification.

(1)

Up to four minor modifications may be provided for a pending subdivision application. No more than two minor modifications may be permitted to correct measurement errors on an approved preliminary or final plat.

(2)

The following standards may be subject to minor modifications of up to a maximum of ten percent from the general development and zoning district standards, provided that the applicable approval criteria in this section are met:

a.

Minimum lot area requirements;

b.

Setback requirements; or

c.

Quantitative development standards (e.g., percentage of site landscaping, number of parking spaces, etc.).

(c)

Measurement. The modification is calculated by applying the ten percent modification to the required development standard or measurement, rounded to the nearest whole number. For example, a required ten-foot side yard setback may be modified by ten percent, or one foot, allowing a nine-foot setback.

(d)

Approval criteria. Minor modifications may be approved only upon a finding that all of the following criteria have been met:

(1)

The requested modification is consistent with the stated purposes of these regulations;

(2)

The modification will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety;

(3)

Any adverse impacts resulting from the modification will be mitigated to the maximum practical extent; and

(4)

The modification is of a technical nature (i.e., relief from a dimensional or design standard), and is either:

a.

Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;

b.

Supporting an objective or goal from the purpose and intent statements of the zoning district where located; or

c.

Proposed to protect sensitive natural resources or better integrate development with the surrounding environment.

(e)

Review process. Final approval of any proposed minor modification shall be the responsibility of the planning and development director.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Purpose.

(1)

The purpose of this article is to control soil erosion on land that is undergoing development for non-agricultural uses, and to preserve the natural terrain and waterways of land within the city. Soil erosion may result in the loss of valuable topsoil, the degradation of water quality, and obstruct stormwater flows in storm sewers, road ditches, and natural watercourses.

(2)

The provisions in this article are intended to promote land preservation and the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil, or results in the movement of earth.

(3)

This article is meant to set the minimum requirements necessary to comply with all city, state, and federal rules, regulations, codes, and statutes.

(b)

Applicability.

(1)

A land disturbance permit is required for land disturbance sites that disturb one or more acres, or disturb less than one acre when part of a larger common plan of development or sale that will disturb a cumulative total of one or more acres over the life of the project.

(2)

The following activities are exempt from requiring a land disturbance permit:

a.

Land disturbance activities for, or by any public utility for the installation, inspection, repair, or replacement of any of its facilities;

b.

Land disturbance activities in accordance with plans submitted with other permits, reclamation plans, or permitted sanitary landfills;

c.

Land disturbance activities of farming on land zoned agricultural, provided approval from the Taney County Soil and Water Conservation District;

d.

Gardening and similar activities on property within residential districts;

e.

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or

f.

Sites that disturb less than one acre of total land and are not part of a larger common plan of development or sale.

(3)

Nothing shall prevent the planning and development director from taking action, including the requirement for issuance of any permits under this article, if any of the operations exempted under subsection (b)(2) of this section should cause pollution of the MS4 or waters of the state or otherwise violate this article.

(c)

Permit application process.

(1)

Preapplication. Prior to filing a land disturbance permit application for review, an applicant may submit the application for pre-application review. As far as may be practical on the basis of the application, the planning and development director will, in writing, advise the applicant as promptly as possible of the extent to which the proposed plan conforms to the design standards in this section, and will discuss possible modifications that may be necessary to secure conformance.

(2)

Application. An applicant shall be required to submit an application for a land disturbance permit on forms available from the planning and development department along with the applicable fee as provided in the city fee schedule.

a.

The applicant may request a waiver of any application requirement to the planning and development director. The planning and development director may, in writing, grant the request for a waiver upon determining that the item to be waived is not applicable to the project under review, and that the remaining information submitted is sufficient to show that the work will comply with the purposes of this article.

b.

The individual who prepares the application submissions shall have a thorough and demonstrable knowledge of erosion, sediment, and stormwater control practices. The plan shall include BMP's in accordance with the city's design criteria and technical specifications for public improvement projects.

(d)

Application submission content.

(1)

A stormwater pollution prevention plan (SWPPP) shall be prepared in accordance with all local, state, and federal regulations, including the city's design criteria and technical specifications for public improvement projects. The SWPPP shall include the following information at a minimum:

a.

All submission content in subsection (d)(1)(a)(i) of this section shall be prepared by, or under the direction of a design professional with thorough and demonstrable knowledge of SWPPP requirements and erosion, sediment, and stormwater control practices.

(i)

General information.

1.

Name, address, and contact information of property owner or responsible party for the project.

2.

Property address and location map of property to be disturbed.

3.

A sediment and erosion control plan, (SECP) conforming to the city's design criteria and technical specifications for public improvement projects. All sediment and erosion control measures must be clearly identified.

4.

A site map showing the outlines of the total project area and land disturbance areas, and their acreage.

5.

Existing land use and zoning.

6.

Existing surface contours at intervals no greater than two feet for the land disturbance activity area, and to at least 25 feet beyond the area.

7.

Proposed surface contours at intervals no greater than two feet for the land disturbance activity area, and to at least 25 feet beyond the area.

8.

Federal Emergency Management Agency (FEMA) flood panel number and delineation of 100-year floodplain and floodway.

9.

All environmentally critical areas (ECAs) including, but not limited to, watercourses, wetlands, surface water bodies, and known karst features.

10.

Location of all underground and above ground utilities, including pipelines operated at a service pressure in excess of 200 psig.

11.

Delineation of the vegetative buffer plan per this chapter.

12.

Proposed access to the site either from public right-of-way under a permit issued by the governing agency, or through private property under an easement or license.

13.

All proposed permanent improvements to be constructed as part of the land disturbance activity.

14.

Identify toxic or hazardous substances, petroleum products, pesticides, herbicides, and other pollutants that may be used or stored on-site. Identify the pollution control method for each substance and submit an emergency management plan for responding to any loss of toxic materials due to a containment failure. This plan must include documentation of actions and mandatory reporting to the fire department and the Taney County Health Department.

15.

Long-term operation and maintenance plans and procedures of post-construction structural and nonstructural BMPs. Operation and maintenance plans shall comply with all local, state, and federal stormwater laws, ordinances, and regulations.

16.

Other items as required in the city's design criteria and technical specifications for public improvement projects, or as required by the public works or planning and development director.

(ii)

Specific design information.

1.

A statement identifying the United States Department of Agriculture (USDA) soil textures throughout the site, slope stabilization analysis for cut and fill slopes, and other pertinent data related to erosion or sediment concerns during land disturbance activities as required by the public works or planning and development director.

2.

The sequence of all land disturbance activities shall be shown on the construction plans, including those listed below:

i.

Stripping and clearing;

ii.

After changes in drainage courses;

iii.

Construction of underground infrastructure;

iv.

Construction of structures, such as buildings, pavement, and retaining walls;

v.

Final grading; and

vi.

Landscaping.

3.

The planning and development director may require separate construction plans to be submitted for separate phases of the project.

4.

Stabilization of any stream bank erosion problems existing in natural watercourses that are to be left undisturbed, or may jeopardize private lots, public utilities, or detention facilities.

5.

Details of any temporary drainage system proposed to be installed in connection with any, and all phases of land disturbance activity.

6.

Details of proposed water impoundment structures, embankments, sediment, or debris basins, grass or lined waterways, diversions with the details and locations of proposed stable outlets, and the location of any downstream impoundments which could be affected by the proposed land disturbance activities.

7.

Location of construction traffic access and wash-off pad.

8.

Description of erosion and sediment controls that will be installed prior to, and during, any land disturbance activity to control pollutants in stormwater discharges, along with a drainage area map with appropriate pre-development, appropriate interim, and post runoff calculations for each proposed stormwater conveyance system, and erosion and sediment control (Calculations shall conform to the city design standards).

9.

Drawing depicting the runoff travel paths, which are the route taken by a drop of effective rainfall falling at the most hydraulically remote point, to the outlet of a drainage basin, to determine the time of concentration used in this article. Provide calculations for time of concentration and composite curve number (CN) for pre-developed watersheds.

10.

Description and location of permanent erosion and sediment controls after land disturbance activities have ended.

11.

Calculations required for the performance and design standards to reduce the amount of sediment and other pollutants in stormwater discharges associated with the land disturbance activities as required by these regulations. The applicant's engineer shall select and design erosion and sediment controls adequate to meet those requirements.

b.

Signature, seal, and date of a registered land surveyor and his statement identifying sources of topographical information; or accurate topographical information compliant with all requirements of this section.

c.

A signed statement by the permittee assuming full responsibility for the performance of the land disturbance activities, and that all state, county, city, and private property or roads will be adequately protected.

(2)

Permittee inspections and reporting.

a.

An individual shall be designated by the permittee as responsible for environmental matters; this individual shall have a thorough and demonstrable knowledge of the site's SWPPP and erosion and sediment control practices in general. The individual responsible for environmental matters or a designated inspector knowledgeable in erosion, sediment, and stormwater control principles shall conduct inspections as required by the SWPPP. A log of such activities shall be maintained on-site and made available to the city upon request.

b.

The planning and development director may make additional inspections as necessary to ensure the validity of the reports filed and to confirm the correction of any deficiencies reported or observed.

(3)

Stabilization. Final and interim stabilization shall be in accordance with the SWPPP and determined by an on-site inspection by the planning and development director. All federal, state, and local stabilization requirements apply.

(e)

Supplemental required submission content. The following items, if identified by the planning and development director as applicable, must additionally be submitted with the application for a land disturbance permit:

(1)

Alternative material and vendor specifications for erosion and sediment control devices.

(2)

Other city permits, such as floodplain development permit, special use permit, demolition permit, or building permit for retaining walls.

(3)

Permits from other governmental agencies, such as the United States Army Corps of Engineers or Missouri Department of Natural Resources.

(4)

Performance guarantee pursuant to this article.

(5)

Executed easements needed for land disturbance activities or access.

(f)

Performance guarantee. An applicant shall provide the city with a performance guarantee to insure or guarantee the stabilization of the site upon completion or stoppage of the land disturbance activity.

(1)

Form of guarantee.

a.

If the performance guarantee is a lender's or escrow agreement, that agreement shall:

(i)

Be prepared on forms approved by the city and signed by the public works or planning and development director;

(ii)

Ensure or guarantee the installation of sediment and erosion controls, and the final stabilization of ground cover as defined in this section, based on amounts established in the design calculations and approved by the public works or planning and development director; and

(iii)

Be held in a special account by the escrow holder or lender, and the funds shall be subject to the audit of the city.

b.

If the performance guarantee is a standby letter of credit, that document may be prepared on forms approved by the financial institution on which it is drawn, but must provide for automatic extensions for additional one-year terms unless, at 45 days prior to the letter's current expiration date, the financial institution issuing the letter provides written notice of non-renewal to the city.

(2)

Amount. Applicants shall work with the planning and development director to agree on the amount of guarantee required using one of the two following calculation methods:

a.

Estimated cost of improvements.

(i)

The amount of the guarantee may be determined from the estimated land disturbance acreage, rounded up to the nearest tenth of an acre, times the cost per acre according to the following schedule:

(ii)

Additional amounts shall be required equal to the costs of other proposed construction items referenced in the submission content sections of this section.

b.

Line-item cost of improvements. Alternatively, the guarantee amount may be calculated based on a line-item cost estimate for all erosion and sediment controls, and other proposed construction items included in the application for a land disturbance permit.

(3)

Release.

a.

The planning and development director may authorize release up to 50 percent of any performance guarantee funds upon confirming by inspection that all erosion and sediment controls are in place and functioning properly, including establishment of vegetation and other proposed construction items referenced in the submission content sections of this section.

b.

The planning and development director may authorize release up to 90 percent of any performance guarantee funds subject to an escrow or lender's agreement upon confirming by inspection that vegetation has been established and ongoing maintenance has been provided for all installed erosion and sediment controls. However, the amount retained shall not be reduced to less than the cost of maintaining the erosion and sediment controls.

c.

The planning and development director shall authorize release of all remaining performance guarantee funds only when all land disturbance work has been completed and all soil subject to the land disturbance permit has achieved final stabilization as defined in this section.

d.

If the permittee wishes to receive a partial refund of any performance guarantee funds during the life of the project, the permittee must notify the planning and development director at least two working days prior to obtaining a timely inspection.

e.

In the event of a violation or deficiency that is not resolved in a reasonable time, the performance guarantee proceeds may be used by the city to install pollution prevention controls to stabilize the site subject to the land disturbance permit. Prior to resumption of work, the permittee must post a new performance guarantee in the amount determined pursuant to this article.

(g)

Issuance of permit. A land disturbance permit shall be issued by the city only if:

(1)

The application for the permit is complete and includes all submission requirements of this section, unless waived pursuant to this section;

(2)

The design submitted with the application is consistent with the design standards established or authorized by this section;

(3)

A performance guarantee has been accepted by the city; and

(4)

There is a receipt of permit fee.

(h)

Requirements before land disturbance. It is the responsibility of the permittee to ensure that the following items are performed prior to land disturbance, unless deemed non-applicable to the project by the planning and development director:

(1)

Schedule a pre-construction conference with the planning and development director prior to the start of the land disturbance activity, including installation of the temporary construction entrance. The permittee will be responsible for notifying all contractors and other entities, including utility crews that will perform work at the site, to be in attendance. Additional meetings may be required by the city.

(2)

Supply in writing to the planning and development director, the name and contact information of all contractors and subcontractors, and identify the permittee's designated agent supervising and directing all land disturbance activities on-site.

(3)

Stake and post signs of vegetated buffer areas per this Code.

(4)

Stormwater BMPs must be in place prior to disturbance and as required by the SWPPP or site plan, no disturbance shall occur without permission from the planning and development director.

(i)

Plan modifications during land disturbance.

(1)

Field modifications. The permittee shall modify already approved plans or descriptions of pollution prevention methods in any of the following circumstances:

a.

Inspections by the planning and development director, Missouri Department of Natural Resources, or United States Environmental Protection Agency (USEPA) which indicate deficiencies;

b.

Inspections by the permittee which indicate deficiencies;

c.

Either the permittee or the planning and development director determines that the current installations are ineffective in significantly minimizing or controlling erosion of land or sedimentation in streams or lakes;

d.

Either the planning and development director or the Missouri Department of Natural Resources determines that total settleable solids from a stormwater outfall exceeds 2½ milliliters per liter per hour (ml/L/hr), or one-half ml/L/hr when the land disturbance activity is within a valuable water resource area as determined by the Missouri Department of Natural Resources;

e.

Either the planning and development director or the Missouri Department of Natural Resources determines that violations of Water Quality Standards 10 CSR 20-7.031(3) may occur or have occurred; or

f.

Either the planning and development director or the Missouri Department of Natural Resources determines that the pollution prevention methods submitted to the planning and development director as required by plan submittal requirements within this section are ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter, or other substances or wastes likely to have an adverse impact on water quality.

(2)

Submittal of amended plans. The permittee shall submit for the public works or planning and development director's approval, amended plans and descriptions of pollution prevention methods in any of the following circumstances:

a.

The permittee seeks to modify the originally approved plans for the design, operation, or maintenance of erosion and sediment controls;

b.

The permittee modifies the design of the project for which the permittee submitted the originally approved plans, so as to significantly affect the quality of stormwater discharges; or

c.

The public works or planning and development director determines that the temporary facilities or erosion and sediment controls installed according to approved plans fail to meet performance standards imposed by these regulations, and those failures require amended plans and supporting documentation or calculations.

(j)

Inspections and reports.

(1)

City inspections.

a.

The permittee consents to the city inspecting the permitted site and all work in progress. If necessary, additional inspection fees above the base inspection fee may be applied as provided in the city fee schedule.

(i)

Base inspection. Base inspections are a group of standard land disturbance inspections covered under a single fee. These inspections include:

1.

Preconstruction meeting;

2.

Inspection of the installation of erosion prevention and sediment control products;

3.

Periodic site visits initiated by the planning and development director;

4.

Post rain event inspections initiated by the planning and development director;

5.

Inspections requested for the purpose of performance guarantee releases;

6.

Unique circumstances or phased projects requiring multiple partial inspections; and

7.

Final inspections to ensure the stability of the site.

(ii)

Reinspection. A project will be reinspected if it is found to be out of compliance with the SWPPP or this Code. A reinspection fee may occur for each inspection outside of the base inspections.

b.

The planning and development director shall inspect the property periodically for compliance with these regulations, after a substantial rain event and upon receipt of a citizen complaint concerning erosion or sediment control issues.

c.

The planning and development director shall make inspections and either approve any portion of the work completed, or notify the permittee in writing when the work fails to comply with the conditions of the land disturbance permit. The planning and development director shall reinspect the property until it is compliant.

(2)

Long-term operation and maintenance of post-construction structural and nonstructural BMPs.

a.

The planning and development director shall inspect, or order MS4 operators or property owners to inspect structural and non-structural BMPs according to the following at a minimum:

(i)

A minimum of one inspection shall be conducted during construction, and one inspection before the site is finalized, to verify water quality facilities are built as designed and any applicable boundaries or practices for nonstructural BMPs are being observed.

1.

The inspector shall have access to the approved plans to ensure proper installation.

(ii)

A minimum of once in the first three years after installation.

b.

Inspection of structural and non-structural BMPs must be completed annually by the owner or operator of the post-construction BMP, or by the MS4 operator. If completed by the BMP owner or operator, this person shall be deemed competent in sediment and erosion controls; this inspection report shall be submitted to the director of planning and development for evaluation and review.

(k)

Closing of permit. The planning and development director shall close land disturbance permits upon permittee's stabilization of all soil at the site subject to the permit and the project is in complete compliance with this section. The planning and development director shall release the entire performance guarantee as authorized by this section.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2021-0101, § 2, 9-14-2021; Ord. No. 2024-0106, § 2, 12-10-2024)

Editor's note— Ord. No. 2025-0018, § 2, adopted March 25, 2025, repealed § 94-11 entitled "Tree preservation," which derived from: Ord. No. 2018-0030, § 2, adopted April 10, 2018; Ord. No. 2019-0071, § 2, adopted June 11, 2019; and Ord. No. 2019-0130, § 2, adopted Sept. 24, 2019.

(a)

Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of this chapter. It is designed to encourage quality development reflective of the goals, strategies, and actions of the Community Plan 2030.

(b)

Applicability.

(1)

Subsection (c) below, identifies the types of development and design activities that require site plan approval. When site plan review is required, structures and uses may be established, and building permits may be issued only after a site plan showing the proposed development has been approved in accordance with the procedures and requirements of this section.

(2)

Preliminary planned development ("PD") review and approval serves as site plan review for the purposes of this section.

(c)

Site plan review required. The following applications and projects are subject to site plan approval:

(1)

All new uses and structures that are not part of a preliminary PD application or preliminary subdivision plat;

(2)

All requests for temporary uses and structures;

(3)

Any proposed redevelopment that meets or exceeds 20 percent increase in gross square footage, or 50 percent increase in assessed valuation, with either measurement calculated over a five-year period;

(4)

Relocation of development pads, buildings, or dwelling units for some practical reasons such as topography, road alignment or easements provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design, and other similar components of the development plans;

(5)

An increase or decrease in a proposed setback, provided Code requirements are still met;

(6)

A modification to a recreation area or open space design, but not elimination or a significant reduction;

(7)

A change in the parking lot layout or vehicular circulation;

(8)

A change in the landscape design or a change of more than 20 percent of plant types;

(9)

Any change that may affect an adjoining residential neighborhood;

(10)

Any request that would significantly alter the design of the site or building(s); or

(11)

A request to change or delete a condition of approval established by the planning commission or the board.

(d)

Procedure for site plan review.

(1)

Action by planning and development director. The planning and development director shall review each site plan application and, as necessary, distribute the application to other departments. Taking into account the results of those reviews, the planning and development director shall take final action on the application and approve, approve with conditions, deny, or defer decision on the application based on the applicable approval criteria below.

(2)

Approval criteria. The planning and development director may approve a site plan upon a finding that the application meets all of the following criteria, as applicable:

a.

The site plan is consistent with the Community Plan 2030;

b.

The site plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

c.

The site plan complies with all applicable development and design standards set forth in this chapter;

d.

Any significant adverse impacts reasonably anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

e.

The development proposed in the plan and its general location is, or will be, compatible with the character of surrounding land uses and structures; and

f.

The development can be adequately served by city services including, but not limited to, roads, water and wastewater.

(3)

Referral to planning commission. The planning and development director may refer any application to the planning commission that, in the planning and development director's opinion, presents issues that require planning commission attention.

(e)

Post-approval.

(1)

Site-specific and binding. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building, structure or use that is not in accord with the approved documents, or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use, or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved.

(2)

Expiration. Approved site plan documents shall expire one year after approval if a building permit has not been issued, or the approved use established. In the event that the documents expire due to the passage of this time period, new site plan review documents must be submitted for approval in the same manner as an original application for development review. An extension not to exceed one year may be granted by the planning and development director.

(3)

Modifications to site plans. The holder of an approved site plan may request a modification to the document, or the conditions of approval, by submitting amended documents to the planning and development director. The amended documents shall be filed and processed in accordance with the procedures for an initial site plan submittal.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Applicability. All plans submitted in support of a site plan, final development plan, or building permit shall include a landscape plan, and include screening where appropriate.

(b)

Permit required. A permit shall be required for all landscaping plans submitted for approval. The fee for such permit shall be the same as the amount for a building permit provided in the city fee schedule.

(c)

Information required. All plans submitted for approval of a landscape plan shall have the following information included. This list may be modified by the planning and development director for residential development applications.

(1)

North point and scale.

(2)

Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

(3)

The location, size, and surface of materials of all structures and parking areas.

(4)

The location, size, and type of all aboveground and underground utilities, and structures within the property, and notation, where appropriate, as to any safety hazards to avoid during landscape installation.

(5)

All required sight triangles.

(6)

Complete and accurate botanical and common names of each plant material, the number and location of trees or plants to be placed, the size at planting, and areas to receive seed or sod. The size of each tree shall be specified according to the American Standard for Nursery Stock. Mature sizes of plant material shall be drawn to scale and called out on the plan by common name or appropriate key.

(7)

An estimated count and approximate location of all existing trees, six inches diameter or larger, measured at 4½ feet above grade, and identification of all trees within that group that are identified for removal and the required characteristics of all trees for tree preservation credit. A tree count is not required for areas of the site that will not be disturbed during construction and for which the applicant is not applying for natural forest or vegetation retention credit.

(8)

Location of hose connections and other water sources.

(9)

The location, size, and type of required screening methods.

(10)

Any proposed retaining walls, indicating location, size, and material to be used in the construction of the wall.

(11)

The location and estimated dimensions of any required fencing.

(d)

Procedure for landscape plan review.

(1)

Landscape plan submitted with other development application. Where a landscape plan is submitted with any other development application, such as a final development plan or site plan, it shall be reviewed and approved in the same manner as the companion application.

(2)

Landscape plan submitted with building permit application. The planning and development director shall review the landscape plan and, as necessary, distribute the plan to other departments for review. The planning and development director shall take final action on the application and approve, approve with conditions, deny, or defer decision on the application based on the approval criteria below.

(3)

Approval criteria. The planning and development director may approve a landscape plan upon a finding that the application meets all of the following criteria, as applicable:

a.

The landscape plan conforms to all requirements of this chapter, and is consistent with the currently adopted comprehensive plan.

b.

The plant materials or landscape features are designed and situated in a manner that makes the project visually compatible with its surroundings to the greatest extent possible.

c.

The landscape design includes the installation of a diversity of vegetative species and sizes with preference given to locally native vegetation, and invasive species are avoided.

d.

If required, preservation of existing, locally native vegetation is incorporated into the landscape design.

e.

No plant materials or landscape features are situated in such a manner so as to inhibit vehicle sight distances or otherwise create a traffic hazard.

f.

No woody plant materials are situated within any utility easement unless shrubs or other limited height materials have been approved by the utility provider.

g.

The facilities for watering and drainage are adequate to ensure the landscape area is maintained and that no soil, bark, mulch, gravel, stone, or similar materials are allowed to wash off the landscape area, or migrate into parking areas, driveways, public streets, sidewalks, gutters, or storm drainage facilities.

h.

The design, selection, and layout of such landscaping is such so as to minimize maintenance requirements.

(e)

Installation and security.

(1)

Landscaping installed prior to issuance of occupancy permit.

a.

All landscaping and screening material, living and nonliving, shall be healthy and in place prior to issuance of the certificate of occupancy. If installed, irrigation systems shall be fully functional prior to the issuance of a certificate of occupancy. This requirement shall be verified by a final landscaping inspection that shall be requested by the applicant and completed by the city prior to the issuance of the certificate of occupancy.

b.

If seasonal limitations prevent planting, and if security as described in this subsection is provided, a certificate of occupancy may be issued.

(2)

Security required. Security in the form of an escrow secured with cash or cashier's check, surety bond, or another appropriate security agreement equal to the cost of the landscaping shall be provided by the permittee. Upon completion of the landscaping, and with final approval by the planning and development director, the security will be returned to the permittee. Should the permittee fail to complete landscaping as required by the approved landscape plan within 180 days of the certificate of occupancy's issuance, the city shall employ available enforcement techniques to ensure the completion of the landscaping as required by the plan, including forfeiture of the security to the city for activities associated with the public community forest.

(f)

Post approval.

(1)

Site specific and binding. Approved landscape plans shall be binding upon the applicants and their successors and assigns. No certificate of occupancy shall be issued for any building or structure where landscaping has not been provided in accord with the approved landscape plan, or any approved modifications thereto.

(2)

Expiration. Approved landscape plans shall expire one year after approval if a building permit has not been issued, or the approved use established. In the event that the landscape plan expires due to the passage of this time period, a new landscape plan must be submitted for approval in the same manner as an original application. An extension not to exceed one year may be granted by the planning and development director prior to expiration.

(3)

Modifications to landscape plans. The holder of an approved landscape plan may request a modification to the document, or the conditions of approval, by submitting amended documents to the planning and development director. No changes shall be made to the approved landscape design unless an amended site plan is approved.

(g)

Maintenance inspection. All landscaping may be subject to periodic inspection for compliance to approved plans.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

All structures in the Residential, Commercial and Downtown Districts shall, for the purposes of design, architecture and building materials, conform to the area and immediate vicinity. When plans and specifications of any structure or proposed development are such as would, in the opinion and judgment of the planning and development director, cause a general depreciation in the market value of property in the immediate vicinity, the planning and development director shall refer the proposal to the planning commission for its decision.

(b)

When a new structure or development is proposed in a commercial zoning district that directly abuts a residential district (LDR, MDR, HDR), the planning and development director shall provide a recommendation to the planning commission. In rendering a decision, the planning commission shall give careful consideration to the need for undisturbed natural vegetation buffering to protect the integrity of the neighboring residential zoning district.

(c)

In all cases referred to the planning commission by the planning and development director, the planning commission shall have full authority to approve, deny, approve with conditions, or require any documentation deemed necessary and appropriate to provide an accurate representation of the effects the proposed structure or development may have on the neighboring properties. Prior to rendering a final decision, citizen input shall be considered through the public hearing process with legal notification to all property owners within 185 feet of the subject property.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Applicability. Except as otherwise specifically provided in this chapter, the construction, installation, or repair of all signs within the city shall require issuance of a sign permit in the manner provided in this chapter.

(1)

All sign changes, including alterations, repairs, and replacements require a permit. The following actions are exempt from this requirement:

a.

Changing or replacing sign copy without changes to the sign structure,

b.

Changes to text on changeable copy signs and EMC signs, and

c.

Change or replacement of window signs. Changed or replaced window signs must be within the size and location limitations of the applicable district.

(2)

When a sign permit is requested for a parcel where an illegal or prohibited sign(s) exists, the permit shall not be issued until all such signs are removed or brought into conformance with this Code. This provision does not apply to nonconforming signs that were established prior to June 2019.

(b)

Information required. Applications for sign permits shall include the information identified on the application form, including, at a minimum:

(1)

Name and address of the sign's owner or owner's designated agent.

(2)

Name, phone number, and email address of the sign installer.

(3)

Clear and legible drawings, drawn to scale, that illustrate:

a.

Freestanding signs: A site plan, drawn to scale and fully dimensioned, showing building footprint(s), proposed sign location(s), property line boundaries, all other signs on the same property, and freestanding signs on all adjoining properties.

b.

Attached signs: A detailed elevation drawing of the building's frontage, drawn to scale and fully dimensioned, showing all existing signs and indicating where the proposed sign(s) is to be installed. The elevation should also include all other features such as windows, awnings, lighting, etc.

c.

Sign details, including detailed information on the type of sign, colors, materials, mounting, illumination (if proposed), and size of the sign.

d.

Pictures of the structure where sign(s) are proposed.

(4)

The advertising copy that will be placed on the sign face for the purposes of determining whether the sign is on-premises or off-premises.

(c)

Review procedure.

(1)

The planning and development director shall review each sign permit application and, as necessary, distribute the application to other departments. Taking into account the results of those reviews, the planning and development director shall take final action on the application and approve, approve with conditions, or deny the application.

(2)

No permit for a new sign shall be issued to any person who has an existing permitted sign that is in violation of this article.

(d)

Appeal of denial of permit. If a permit application is denied by the planning and development director, the applicant may appeal the decision to the board of adjustment in the manner provided in this chapter.

(e)

Lapse. Permits issued under this section shall lapse if any of the following conditions are met, and a sign otherwise in compliance with this article shall be in violation upon lapse of the permit authorizing it:

(1)

The sign contemplated in the permit is not fully constructed within six months of permit issuance,

(2)

The permitted sign is abandoned pursuant to this article,

(3)

Use of the sign is discontinued for a period of six months.

(Ord. No. 2019-0131, § 2, 9-24-2019)

(a)

Permit required. A special use permit shall be required from the planning commission for any use listed as a special use in any zoning district, and for any use not listed in any zoning district. A special use permit review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site.

(b)

Review and approval criteria. In considering a special use, the planning commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood, and that development in each zoning district protects the integrity of that district, and following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based.

The commission may approve or modify a special use permit application in whole, or in part with conditions, only if all the following findings are made:

(1)

The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district, and complies with all of the applicable provisions of this chapter;

(2)

The proposed use is consistent with the Community Plan 2030;

(3)

There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored;

(4)

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located, and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity, or adverse to the public interest, health, safety, convenience or welfare of the city;

(5)

The subject site is physically suitable for the type and density/intensity of use being proposed; and

(6)

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.

(c)

Special use permits site-specific. All special use permits shall be approved for a specific location, and shall be transferable to a new property owner of that location for the same use barring any substantial changes or modifications of the operation. Written notification of any transfer shall be provided to the planning and development director. Any nonactive special use permit shall become null and void upon the approval of a different special use at that location. Special use permits shall not be transferred to any other location by the applicant or successor property owners.

(d)

Timeframe for validity; expiration. All special use permits shall be valid for an unlimited period of time unless a lesser period of time shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request the special use permit be reviewed by the planning commission, which may extend it for an unlimited period, or for a specified additional period of time.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Purpose and applicability. The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner that will not adversely impact the general welfare of persons residing in the community. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit.

(b)

Review and approval. Temporary use permit applications shall be processed through the site plan review process in this chapter. In addition to the process established in this chapter, the planning and development director shall also review temporary use applications for the following:

(1)

Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities and hours of operation;

(2)

Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases and heat); and

(3)

Regulation of maintenance and site restoration during, and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the planning and development director may be required prior to the initiation of the use to ensure cleanup after the use is finished.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

The existing use and occupancy of a building shall not be changed, or any structure hereafter erected or altered, until a building permit has been issued by the planning and development department stating the proposed use of such structure, or structure and land in combination, is consistent with the uses allowed in the zoning district.

(b)

A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or alteration of such building in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the city clerk, and copies shall be furnished on request to any person having proprietary or tenant interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the building permit; for all other certificates or copies of an original certificate, there shall be a charge in the amount provided in the city fee schedule.

(Ord. No. 2018-0030, § 2, 4-10-2018)

The following shall be approved by the board by resolution:

(a)

Public building. The authorization of the location of any public building (whether used by any department of the city, county, state or federal government, or any publicly licensed utility) in any district within the city.

(b)

Gravel from streams. The authorization of extraction of gravel and sand from a flowing stream within the city.

(Ord. No. 2018-0030, § 2, 4-10-2018)