Brentwood City Zoning Code
ARTICLE II
Administration and Enforcement
Section 400.130 Zoning Administrator. [1]
Section 400.140 Enforcement.
[R.O. 2009 §25-22; Ord. No. 2739 §§43-103.1 — 43-103.4, 5-20-1985]
A.
This Chapter shall be enforced by the Director of Planning and Development. The construction, reconstruction and/or alteration of buildings shall not be undertaken and the development of land shall not be commenced except in accordance with the provisions of this Zoning Code. No permit or application for the construction, alteration or change of use of buildings or land shall be approved if the proposed use or activity would be in violation of this Chapter.
B.
Inspections. The Director of Planning and Development is authorized to make inspections to determine whether dwellings, dwelling units, accessory structures and premises located within this City conform to the requirements of this Chapter. For the purpose of making such inspections, the Director of Planning and Development is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, accessory structures and premises. The owner or occupant of every dwelling, dwelling unit, accessory structure and its premises, shall give the Director of Planning and Development free access thereto at all reasonable times for the purpose of such inspection, examination and survey. If the owner or occupant shall refuse access to any premises, then the Director of Planning and Development shall have authority to enter any of the such premises after written notice has been given to the owner or his/her agent.
C.
Notice Of Violation And Sanctions. If the Director of Planning and Development finds that any of the provisions of this Chapter are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall take any other action authorized by law to ensure compliance with or prevent violation of the provisions of this Zoning Code.
D.
Conformance With Approved Plans And Conditions. All permits issued on the basis of plans and/or applications approved by the Director of Planning and Development, Architectural Review Board, Planning and Zoning Commission and/or Board of Aldermen shall authorize only the use, arrangement and/or construction set forth in such approved plans and/or applications and no other use, arrangement or construction.
Section 400.150 Notice and Hearing.
[R.O. 2009 §25-23; Ord. No. 2739 §§43-101.1 — 43-101.3, 5-20-1985; Ord. No. 3422 §§1 — 2, 8-21-1995; Ord. No. 3861 §1, 1-6-2003; Ord. No. 4308 §1, 9-19-2011; Ord. No. 5148, 8-19-2024]
A.
Whenever the provisions of this Chapter require notice and hearing, the following procedures shall govern:
1.
Time Of Publication, Content. It is the responsibility of those officials conducting the hearing to see that at least fifteen (15) days' notice of the time and place of the hearing is published in a newspaper of general circulation in the City of Brentwood which has been qualified for official notice by the legal profession in St. Louis County in accord with Sections 493.027 and 493.050, RSMo., and Local Rule 30 of the 21st Judicial Circuit. The notice shall state the time and place of the hearing and the subject matter of the hearing. When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons prior to the hearing. City staff may also publish or provide additional notice from time to time, but no such additional notice shall be required.
2.
Record Of Proceeding. The official or officials holding the hearing shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony.
3.
Individual Citizen Notice.
a.
All those whom City staff have reason to believe to be residents or property owners within three hundred (300) feet of property which is the subject of a rezoning, site development or conditional use permit petition, shall, upon receipt of the petition by the Zoning Administrator, be notified by mail that said petition was filed. Said notification shall give the date of the first (1st) discussion of the matter before the Planning and Zoning Commission.
b.
When the date of a public hearing before the Board of Aldermen has been determined, a notice stating the time and place of the hearing and the subject matter of the hearing will be deposited in the U.S. Mail, postage prepaid, or hand delivered to those whom City staff have reason to believe to own or reside in property located within three hundred (300) feet of the property which is the subject of the action petitioned. When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons prior to the hearing.
c.
The Planning and Zoning Commission, at its sole discretion, may hold informational meetings intended to inform residents of the details of proposals involving new construction or uses within three hundred (300) feet of their homes. This is not to be construed as fulfilling the requirement for the public hearings described above. Resident notification of the informational meeting is to be by depositing a post card or letter in the U.S. Mail, postage prepaid, or hand delivered to properties within three hundred (300) feet of the property for which new construction or a new use is petitioned.
Section 400.160 Fees.
[R.O. 2009 §25-24; Ord. No. 2739 §43-102, 5-20-1985]
Upon receipt of the recommendations of the Planning and Zoning Commission and the Department of Planning and Development, the Board of Aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for all matters pertaining to this Zoning Code. The schedule of fees is on file in the office of the City Clerk/Administrator and in the Department of Planning and Development. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any matter or on any appeal provided by this Chapter.
Section 400.220 Established - Purpose.
[R.O. 2009 §25-34; Ord. No. 2739 §43-90.1, 5-20-1985]
The Planning and Zoning Commission is hereby established to advise the Board of Aldermen on how best to preserve and protect the existing residential and business community and provide for, plan, guide and direct the development, redevelopment and growth of the City.
Section 400.230 Appointment, Term, Removal of Members.
[R.O. 2009 §25-35; Ord. No. 2739 §43-90.2, 5-20-1985; Ord. No. 2892 §1, 11-2-1987; Ord. No. 3560 §1, 9-15-1997]
A.
The Planning and Zoning Commission of the City shall consist of not more than fifteen (15) nor less than seven (7) members, including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Commission; and
3.
Not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board of Aldermen.
The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing. All members of the Planning and Zoning Commission present at the regular Commission meeting shall receive as compensation, one hundred dollars ($100.00) per regular Commission meeting. |
Section 400.240 Officers.
[R.O. 2009 §25-36; Ord. No. 2739 §43-90.3, 5-20-1985]
The Planning and Zoning Commission shall elect a Chairman, Vice Chairman and Secretary from among its citizen members. The Vice Chairman shall serve as acting Chairman in the Chairman's absence. The Commission shall make budget recommendations to the Board of Aldermen for such purposes as it considers necessary to achieve the objectives of the Commission. The Board of Aldermen, at its discretion, may also provide for other necessary expenses of the Commission incurred in the performance of its duties. The Chairman, Vice Chairman and Secretary shall each serve one (1) year terms with eligibility for re-election. Nomination of officers shall be at the May meeting and elections shall be held at the June meeting of the Commission.
Section 400.250 Meetings - Attendance - Records.
[R.O. 2009 §25-37; Ord. No. 2739 §43-90.4, 5-20-1985]
A.
As necessary and as long as not inconsistent with the provisions of the City Code or other ordinances of the City, the Commission may provide such rules and regulations as it may deem necessary to carry out the provisions of this Zoning Code. The Commission may by rule establish a regular meeting time and procedures for giving notice of its meetings and shall file these regulations in the office of the City Clerk/Administrator. The Commission shall have the authority to call special meetings as it deems necessary. Commission members shall attend at least seventy-five percent (75%) of scheduled meetings or, shall be removed from the Commission at the end of the calendar year. For this purpose, vacations and illnesses shall not be considered absence.
B.
The Commission may adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.
C.
No member shall hear, discuss with other members of the Commission or act on any item which would constitute a conflict of interest for that member as established in Sections 105.450 et seq., RSMo.
Section 400.260 Powers and Duties.
[R.O. 2009 §25-38; Ord. No. 2739 §43-90.5, 5-20-1985]
A.
The Commission shall have the following powers and duties:
1.
To prepare a Comprehensive Plan for the physical development of the City or, portions thereof and recommend modifications of the same from time to time as deemed in the City's best interest. The plan shall show the Planning and Zoning Commission's recommendations for the physical development and uses of land and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, and acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; and the general character, extent and layout of the replanning of blighted and slum areas;
2.
To prepare and submit to the Board of Aldermen for its approval, a zoning ordinance and Zoning Map with such regulations as to the location, height, width, bulk and appearance of buildings and other structures, the use of land and buildings and the layout, improvement and landscaping of the site of any proposed development or redevelopment of property within the City, as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the City;
3.
To consider all requests for rezoning, zoning text amendments, site plan approval and conditional use permits in the manner prescribed elsewhere in this Chapter;
4.
To petition the Board of Aldermen on its own initiative to amend, supplement, change or repeal this Chapter or any part thereof or, to amend the Zoning Code or Zoning Map as the Commission determines to be in the City's best interest;
5.
To submit an annual written report to the Board of Aldermen containing the Commission's recommendations concerning this Zoning Code, a summary of its activities during the past year and its recommendations on specific community goals and objectives for the future and programs for achieving them;
6.
To review and update as necessary the City's Comprehensive Plan or plans for portions of the community to reflect the changing needs of the community;
7.
To recommend to the Board of Aldermen the preparation of such municipal, State or Federal legislation as may, in the interest of the City, be necessary in carrying out the recommendations or suggestions of the Commission;
8.
To recommend to the Mayor or Board of Aldermen programs for public improvements and the financing thereof;
9.
To prepare and submit to the Board of Aldermen such other reports relating to its investigations, transactions and recommendations as it deems proper or as required by the Mayor or the Board of Aldermen;
10.
To promulgate site development standards, architectural standards and guidelines for new construction, reconstruction or alterations for the purpose of ensuring the mutual compatibility of buildings and their surroundings and the appearance, function and permanence of the location, form, shape, massing and exterior materials of building and site improvements;
11.
To enter upon any land to make examinations and surveys;
12.
To exercise the power necessary to enable it to perform its functions and promote municipal planning.
Section 400.320 Established - Purpose.
[R.O. 2009 §25-46; Ord. No. 2739 §43-92.1, 5-20-1985]
The Board of Adjustment is hereby established to further the general purpose and intent of this Chapter by varying its terms in appropriate circumstances, subject to conditions and safeguards and in accord with the other provisions in this Chapter.
Section 400.330 Appointment, Term, Removal of Members.
[R.O. 2009 §25-47; Ord. No. 2739 §43-92.2, 5-20-1985; Ord. No. 3561 §1, 9-15-1997]
The Board of Adjustment shall consist of five (5) regular members and three (3) alternate members all of whom shall be residents of the City. The members shall be appointed by the Mayor with the consent and approval of the majority of the Board of Aldermen. Nothing in this Code shall preclude or prohibit a member of the Planning and Zoning Commission from being appointed as a member of the Board of Adjustment. Appointments of the regular members in the first (1st) instance shall be for one (1), two (2), three (3), four (4) and five (5) year terms and thereafter all appointments shall be for a term of five (5) years. Appointments for the alternate members shall be for five (5) year terms. The alternate members so appointed, shall be designated as first (1st), second (2nd) and third (3rd) alternates, respectively, and shall serve in order of the aforementioned designation only on those occasions when a regular member or members of the Board of Adjustment due to absence, conflict or otherwise cannot serve in considering a matter pending before the Board of Adjustment. Appointments to fill vacancies shall be made for the unexpired portion of the term only. All members of the Board of Adjustment present at meetings shall receive as compensation, fifty dollars ($50.00) per meeting. Members of the Board of Adjustment may be removed for cause by the Mayor and the Board of Aldermen. A member thus removed may request and receive a written statement of charges and public hearing before the Board of Aldermen.
Section 400.340 Officers.
[R.O. 2009 §25-48; Ord. No. 2739 §43-92.3, 5-20-1985]
The Board of Adjustment shall elect a Chairman and Vice Chairman from among its members. These officers shall serve for a term of one (1) year and may be re-elected.
Section 400.350 Rules - Meetings - Records.
[R.O. 2009 §25-49; Ord. No. 2739 §43-92.4, 5-20-1985]
The Board of Adjustment may adopt such rules as necessary from time to time to carry out the provisions of this Division, provided they are not inconsistent with the provisions of this Chapter or other ordinances of the City. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment. The Board shall keep records of its examinations and other official actions and all records shall be filed immediately in the office of the City Clerk/Administrator and shall be a public record.
Section 400.360 Powers and Duties.
[R.O. 2009 §25-50; Ord. No. 2739 §43-92.5, 5-20-1985]
A.
The Board of Adjustment shall have the following powers and duties:
1.
To hear and decide all matters referred to it and upon which it is required to act under this Division;
2.
To interpret the provisions of this Chapter in such a way as to carry out its intent and purpose;
3.
To hear appeals in the manner prescribed in Division 7 of this Article where it is alleged there is error in any order, requirement, decision or determination made in the enforcement or interpretation of this Chapter;
4.
To authorize variations upon appeal in accordance with the provisions of Division 7 of this Article;
5.
To permit the construction and/or use of a building or the use of premises for public utility purposes;
6.
To permit the reconstruction of a non-conforming use or building which has been damaged by explosion, fire, act of God or public enemy, to the extent of more than fifty percent (50%) of its replacement value, where the Board of Adjustment finds some compelling public necessity requiring a continuance of the non-conforming use;
7.
To permit a variation in the yard requirements of any district where there are severe practical difficulties or extreme hardships in the carrying out of these provisions due to an irregular shape or size of the lot, the sites of pre-existing buildings, topographical or other site conditions; provided however, that such variation shall not have a serious adverse impact on any adjoining property or the general welfare or establish an unsatisfactory precedent for other locations and situations;
8.
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on May 20, 1985.
Section 400.420 Established - Purpose.
[R.O. 2009 §25-58; Ord. No. 3968 §2, 3-7-2005]
The Architectural Review Board is hereby established to review applications for residential building permits or, those applications directed to it by the Department of Planning and Development or the Planning and Zoning Commission, to ensure compliance with architectural standards and compatibility of design with existing structures in the City.
Section 400.430 Composition, Appointment, Term of Members.
[R.O. 2009 §25-59; Ord. No. 3968 §2, 3-7-2005; Ord. No. 4049 §1, 11-20-2006]
A.
The Architectural Review Board shall consist of four (4) members who shall, except for the Building Official, be residents of the City and who shall be appointed by the Mayor with the consent and approval of the majority of the Board of Aldermen. Three (3) regular members of the Board shall be licensed architects. Two (2) alternate members, who must also be licensed architects, may be appointed to serve in the absence of or the disqualification of the regular members. The Building Official shall be a member for the length of his/her tenure as Building Official, but shall only be authorized to vote on matters before the Architectural Review Board to resolve a tie vote. All regular members of the Architectural Review Board shall be Brentwood citizens who hold no other elected or appointed office with the City and shall have lived in the City for at least one (1) year.
B.
Each architect member shall be appointed for a term of two (2) years. The initial terms for the architect members shall be for one (1), two (2) and three (3) years respectively, with subsequent appointments upon expiration of the initial term to be for two (2) years. All members of the Architectural Review Board present at meetings, excluding City employees, shall receive as compensation, fifty dollars ($50.00) per meeting.
C.
Architect members of the Architectural Review Board may be removed for cause by the Mayor with the consent of the majority of the Board of Aldermen. A member so removed may request and receive a written statement of charges and a public hearing before the Board of Aldermen.
D.
Each member of the City's Board of Aldermen shall receive notice of all meetings of the Architectural Review Board.
Section 400.440 Officers.
[R.O. 2009 §25-60; Ord. No. 3968 §2, 3-7-2005]
The Architectural Review Board shall elect a Chairman, Vice Chairman and Secretary from among its members. These officers shall each serve one (1) year terms and shall be eligible for re-election.
Section 400.450 Powers and Duties.
[R.O. 2009 §25-61; Ord. No. 3968 §2, 3-7-2005]
A.
The Architectural Review Board shall have the following powers and duties:
1.
To approve the character and exterior design of buildings or attached construction projects proposed to be constructed in established residential neighborhoods.
2.
To approve the character and exterior design of buildings or construction projects proposed to be constructed in other areas, only as their review may be directed by the Building Official or the Planning and Zoning Commission.
3.
To recommend changes in plans, drawings and specifications which the Architectural Review Board deems necessary in light of prevailing architectural standards, the appearance and design of adjacent development and the stability of values of surrounding properties, provided the recommended changes will render a design acceptable for approval.
Section 400.460 Rules - Schedule of Fees.
[R.O. 2009 §25-62; Ord. No. 3968 §2, 3-7-2005]
The Architectural Review Board may adopt, from time to time, such reasonable rules and regulations as it may deem necessary and proper to the conduct of its business and shall recommend a schedule of fees to be charged an applicant for the purpose of covering the cost of their plan review.
Section 400.470 Meetings - Quorum.
[R.O. 2009 §25-63; Ord. No. 3968 §2, 3-7-2005]
Regular meetings of the Architectural Review Board shall be held at the call of the Chairman and at such other times as the Architectural Review Board or the Mayor may determine. Meetings will be posted, open to the public and at a location determined by the Chairman. No action of the Architectural Review Board approving or disapproving a building application shall be taken except at a meeting open to the public. Two (2) members plus the Building Official shall constitute a quorum and, in the absence of the Chairman, the Vice Chairman shall be the acting Chairman; in the absence of the Vice Chairman, the Secretary shall be the acting Chairman. In the event that the three (3) elected officers are not available, then the alternate member next in seniority shall be the acting Chairman. The Building Official shall only be authorized to vote on matters before the Architectural Review Board to resolve a tie vote. The Architectural Review Board shall keep minutes of its meetings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact.
Section 400.540 Requirements.
[R.O. 2009 §25-71; Ord. No. 2739 §43-94.1, 5-20-1985]
A.
Text Amendments. An application for amendment to the written text of this Zoning Code may be filed in the Department of Planning and Development for consideration by the Commission and the Board of Aldermen. Such application may be initiated by any member of the Board of Aldermen or the Commission or filed with the Zoning Administrator by any other elected or appointed official of the City.
B.
Rezoning. An application for a change in the zoning district designation as described by the official Zoning Map may be filed in the Department of Planning and Development, for consideration by the Commission and the Board of Aldermen. Such application may be filed by any member of the Board of Aldermen, the Planning and Zoning Commission or the Board of Adjustment, by any other appointed or elected official of the City or, by any person with financial, contractual or proprietary interest in the property to be included in the proposed change of zoning.
C.
Simultaneous Filing Requirement. To expedite processing by the Planning and Zoning Commission and the Board of Aldermen, a copy of the application for amendment or rezoning shall be filed with the City Clerk/Administrator for transmittal to the Board of Aldermen simultaneously with the filing in the Department of Planning and Development.
Section 400.550 Application.
[R.O. 2009 §25-72; Ord. No. 2739 §43-94.2, 5-20-1985]
A.
The application for a zoning change or amendment shall be made on a form provided by the Department of Planning and Development. The application shall be signed by the applicant and shall state his/her name and address, as well as:
1.
Text amendments. An application for an amendment to the text of this Chapter shall set forth the new text to be added and existing text to be deleted.
2.
Rezoning. An application for a Zoning Map change shall include a legal description of the property to be changed from one category to another, as well as a map or overlay on the existing map graphically describing the change.
B.
An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures governing the same as adopted by the Planning and Zoning Commission. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the Board of Aldermen and on file in the offices of the City Clerk/Administrator and the Department of Planning and Development.
Section 400.560 Limitations of Filing.
[R.O. 2009 §25-73; Ord. No. 2739 §43-94.3, 5-20-1985]
A.
An application for amendment or rezoning shall not be accepted by the Zoning Administrator if:
1.
The request change does not comply with all the requirements of this Section and any regulation published pursuant hereto;
2.
A previous application for rezoning the same property was approved or denied within three (3) months of this new application. The application shall be accepted, however, if the Zoning Administrator verifies that substantial new facts which warrant reapplication have been established.
B.
An application for amendment or rezoning initiated by a member of the Board of Aldermen or the Planning and Zoning Commission may be accepted at any time regardless of the time limitations stated above. After the Zoning Administrator has accepted and filed an application for rezoning by a private person, the application may not be modified as to the area proposed to be rezoned or, as to the class of zone requested. However, the Zoning Administrator, the Planning and Zoning Commission or the Board of Aldermen may, at their discretion, allow such modification.
Section 400.570 Review Procedure.
[R.O. 2009 §25-74; Ord. No. 2739 §43-94.4, 5-20-1985; Ord. No. 2893 §1, 11-2-1987; Ord. No. 3366 §1, 11-21-1994]
A.
Zoning Administrator. The Zoning Administrator shall receive the application and determine that it complies with all applicable submission requirements prior to forwarding the application to the Commission. All applications shall be received by the Zoning Administrator at least ten (10) calendar days prior to the next regularly scheduled meeting of the Commission to allow submission to the members of the Commission at least five (5) days prior to the meeting. Applications received by the Zoning Administrator later than ten (10) days prior to the meeting shall not be considered by the Commission until the following regularly scheduled meeting, unless a special meeting is held at the applicant's request and expense. The cost of a special meeting shall be established by the Board of Aldermen.
B.
The Planning And Zoning Commission. The Commission shall consider the application and decide whether to recommend approval. Within seventy (70) days after receipt of the application from the Zoning Administrator, the Commission shall transmit a report and recommendations to the Board of Aldermen; provided however, that the Commission shall transmit its report and recommendation regarding streets, public facilities and public utilities within sixty (60) days of official submission. If the Commission fails to transmit a report and recommendations to the Board of Aldermen within this time period or as extended for good cause by the Commission, the Board of Aldermen shall consider the application recommended for approval by the Commission.
C.
Public Hearing. The Board of Aldermen shall hold a public hearing on the application and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150. No application for amendment or rezoning may be approved until after such public hearing is held.
Section 400.580 Protest Of A Zoning District Classification Or Zoning Regulation Amendment.
[Ord. No. 4723 § 2, 8-15-2016]
In case a timely protest against a proposed zoning district classification amendment or zoning regulation amendment is presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, said amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the Board of Aldermen. Protest petitions must be filed with the City Clerk not later than 4:00 P.M. on the seventh day following the date advertised for the start of the public hearing before the Board of Aldermen.
Section 400.630 Purpose.
[R.O. 2009 §25-81; Ord. No. 2739 §43-95.1, 5-20-1985]
The purpose of the conditional use permit is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the Board of Aldermen may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.
Section 400.640 Authorization.
[R.O. 2009 §25-82; Ord. No. 2739 §43-95.2, 5-20-1985]
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district, however, the Board of Aldermen reserves full authority to deny any request for a conditional use, to impose conditions on the use or, to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
Section 400.650 Application.
[R.O. 2009 §25-83; Ord. No. 2739 §43-95.3, 5-20-1985; Ord. No. 3033 §1, 10-16-1989]
A.
An application for a conditional use permit may be filed by the owner or tenant of the property in question or by a prospective owner or tenant.
B.
The application shall be filed in the Department of Planning and Development who shall forward the application to the Planning and Zoning Commission. At the same time, a copy of the application shall be filed with the City Clerk/Administrator who shall forward it to the Board of Aldermen. The application shall contain such information as the Planning and Zoning Commission may prescribe by regulations which shall be filed with the City Clerk/Administrator. Such regulations regarding submission requirements shall include, but not limited to, those items specified in Division 9 of this Article.
C.
At the time an application for a conditional use permit is filed, the City Clerk/Administrator shall require the applicant to pay the City a fee according to a schedule established by the Board of Aldermen and on file in the office of the City Clerk/Administrator and the Department of Planning and Development.
D.
An application for a conditional use permit or amendment thereof shall not be accepted if a previous application for such permit or amendment has been denied by the Board of Aldermen within three (3) months prior to the new application.
Section 400.660 Review Procedure.
[R.O. 2009 §25-84; Ord. No. 2739 §43-95.4, 5-20-1985; Ord. No. 2893 §1, 11-2-1987; Ord. No. 3033 §2, 10-16-1989; Ord. No. 3366 §2, 11-21-1994]
A.
Zoning Administrator. The Zoning Administrator shall receive the application and determine that it complies with all applicable submission requirements prior to forwarding the application to the Commission. All applications shall be received by the Zoning Administrator at least ten (10) days prior to the next regularly scheduled meeting of the Commission to allow submissions to the members of the Commission at least five (5) days prior to the meeting. Applications received by the Zoning Administrator less than ten (10) days prior to the meeting shall not be considered by the Commission until the following regularly scheduled meeting, unless a special meeting is held at the applicant's request and expense. The cost of a special meeting of the Commission shall be established by the Board of Aldermen.
B.
Planning And Zoning Commission. The Commission shall consider the application and decide whether to recommend approval. Within seventy (70) days after receipt of the application from the Zoning Administrator, the Commission shall transmit a report and recommendations to the Board of Aldermen; provided however, that the Commission shall transmit its report and recommendation regarding streets, public facilities and public utilities within sixty (60) days of official submission. If the Commission fails to transmit the report and recommendations to the Board of Aldermen within this time period or as extended for good cause by the Commission, the Board of Aldermen shall consider the application recommended for approval by the Commission.
C.
Public Hearing. The Board of Aldermen shall hold a public hearing on the application and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150. No application for a conditional use permit may be approved until after such public hearing is held.
Section 400.670 Standards.
[R.O. 2009 §25-85; Ord. No. 2739 §43-95.5, 5-20-1985; Ord. No. 2793 §1, 4-7-1986; Ord. No. 5149, 8-19-2024]
A.
The Board of Aldermen shall not approve a conditional use unless it finds that the evidence presented clearly indicates that the proposed conditional use:
1.
Will not increase traffic hazards or congestion;
2.
Will not increase fire hazards;
3.
Will not affect the character of the neighborhood;
4.
Will not affect the general welfare of the community;
5.
Will not overtax public utilities;
6.
Complies with all other applicable provisions of this Chapter including performance standards presented in Article V, Division 6 and the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs;
7.
Will contribute to and promote the community welfare and convenience at the specific location;
8.
Will not cause injury to the value of neighboring property;
9.
Complies with the City's Comprehensive Plan or plans for any applicable neighborhood or sector of the City thereof and other applicable zoning district regulations and provisions of this Chapter;
10.
Will provide, if applicable, erosion control and on-site storm water detention in accordance with the standards contained in this Chapter; or
11.
Will be compatible with the surrounding area and thus will not impose a burden or have a negative impact on surrounding or adjacent uses or on community facilities or services.
Section 400.680 Conditions and Restrictions.
[R.O. 2009 §25-86; Ord. No. 2739 §43-95.6, 5-20-1985; Ord. No. 2814 §1, 6-2-1986; Ord. No. 3033 §3, 10-16-1989; Ord. No. 4723 § 4, 8-15-2016]
In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to ensure that the standards of Section 400.670 are complied with and the general intent of this Zoning Code is carried out. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter.
Section 400.690 Term.
[R.O. 2009 §25-87; Ord. No. 2739 §43-95.7, 5-20-1985]
A.
No conditional use permit granted by the Board of Aldermen shall be valid for a period longer than one (1) year from the date it grants the conditional use permit, unless within such period:
B.
The Board of Aldermen may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
Section 400.700 Amendments.
[R.O. 2009 §25-88; Ord. No. 3033 §4, 10-16-1989]
The application and review procedure and approval standards for amendments to existing conditional use permits shall be the same as for new conditional use permits. In the event an application for an amendment is denied, the original conditional use permit shall remain in effect unless revoked by the Board of Aldermen.
Section 400.710 Transferability.
[R.O. 2009 §25-89; Ord. No. 3033 §5, 10-16-1989]
All conditional use permits shall be approved for a specific location only and may not be transferred to any other locations.
Section 400.720 Termination.
[R.O. 2009 §25-90; Ord. No. 3033 §6, 10-16-1989]
All conditional use permits shall terminate whenever the use of the property changes and the new use is substantially different from the use for which the original permit was issued, whenever the site of the conditional use or the structure thereon are substantially changed or, whenever a vacancy occurs for twelve (12) consecutive months.
Section 400.780 Authorization.
[R.O. 2009 §25-96; Ord. No. 2739 §43-96.1, 5-20-1985]
The Board of Adjustment may authorize variations when there are severe practical difficulties or extreme hardships in carrying out the strict letter of this Chapter, so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done. However, no variation shall be authorized unless the Board of Adjustment determines that the application complies with the standards set forth in Section 400.810.
Section 400.790 Application.
[R.O. 2009 §25-97; Ord. No. 2739 §43-96.2, 5-20-1985]
A.
An application for variation shall be filed in the Department of Planning and Development. The Zoning Administrator shall review the application to determine whether it complies with all applicable requirements. Prior to forwarding to the Board of Adjustment, the Zoning Administrator shall prepare a report describing the circumstances of the application. The Zoning Administrator shall then forward the application, his/her report and any recommendations or actions of any other City department or agency to the Board of Adjustment. The application shall contain the following information, as well as such additional information as the Board of Adjustment may prescribe by regulation and file with the City Clerk/Administrator:
1.
The particular requirements of this Chapter which prevent the proposed construction;
2.
The characteristics of the subject property which prevent compliance with the requirements of this Chapter;
3.
The particular hardship which would result if the specific requirements of this Chapter were applied to the subject property;
4.
The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed construction.
Section 400.800 Hearing.
[R.O. 2009 §25-98; Ord. No. 2739 §43-96.3, 5-20-1985; Ord. No. 3366 §3, 11-21-1994]
The Board of Adjustment shall hold a public hearing on all applications for variances and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150.
Section 400.810 Standards.
[R.O. 2009 §25-99; Ord. No. 2739 §43-96.4, 5-20-1985]
A.
The Board of Adjustment shall not grant a variation as authorized in this Article unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support all of the following conclusions:
1.
The variation requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or the applicant;
2.
The granting of the variation shall not adversely affect the rights of adjacent property owners or residents;
3.
The strict application of the provisions of this Chapter from which a variation is requested will cause severe practical difficulty or extreme hardship for the property owner represented in the application;
4.
The variation desired will not adversely affect the public health, safety, order, convenience or general welfare of the community;
5.
Granting the variation desired will not violate the general spirit and intent of this Chapter.
Section 400.820 Review Considerations.
[R.O. 2009 §25-100; Ord. No. 2739 §43-96.5, 5-20-1985]
A.
In determining whether the evidence presented supports all of the conclusions required by Section 400.810, the Board of Adjustment shall consider the extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical conditions of the property involved would result in a severe practical difficulty or extreme hardship upon or for the owner, lessee or occupant, if the provisions of the Chapter were literally enforced;
2.
The request for a variation is not based exclusively upon the desire of the owner, lessee, occupant or applicant to secure a greater financial return from the property;
3.
The granting of the variation will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located;
4.
The proposed variation will not impair an adequate supply of light to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.
Section 400.830 Conditions and Restrictions.
[R.O. 2009 §25-101; Ord. No. 2739 §43-96.6, 5-20-1985]
In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set out in Section 400.810 to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Zoning Code. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter.
Section 400.840 Decisions and Notice.
[R.O. 2009 §25-102; Ord. No. 2739 §43-96.7, 5-20-1985]
A.
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or, to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or, to effect any variance.
B.
The Board of Adjustment shall render and send to the applicant a written decision on an application for a variance without unreasonable delay and in no case more than thirty (30) days after the public hearing. The Zoning Administrator shall be informed of the decision and shall be responsible for enforcement.
Section 400.850 Term.
[R.O. 2009 §25-103; Ord. No. 2739 §43-96.8, 5-20-1985]
A.
No variance granted by the Board of Adjustment shall be valid for a period longer than three hundred sixty-five (365) days from the date on which it grants the variance, unless within such period:
1.
A building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently toward completion; or
2.
A certificate of occupancy is obtained and a use of occupancy commenced. The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
Section 400.860 Appeals.
[R.O. 2009 §25-104; Ord. No. 2739 §43-96.9, 5-20-1985]
A.
Board Of Adjustment.
1.
Authorization. Any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by the interpretation or administration of this Zoning Code may appeal to the Board of Adjustment.
2.
Time for appeals. Notice of appeal shall be filed within a reasonable time, not to exceed thirty (30) days from the time the event or action appealed from occurred.
3.
Filing. The person making the appeal shall file the appeal in the office of the City Clerk/Administrator at the time the appeal is filed. The fee as established by the Board of Aldermen is on file in the offices of the City Clerk/Administrator and the Department of Planning and Development.
4.
Procedure. The City Clerk/Administrator shall notify the officer or the department from whom the appeal is taken. The officer or department shall immediately transmit to the Board of Adjustment all the papers and documents constituting the record of the actions or events which are being appealed.
5.
Public hearing. The Board of Adjustment shall set a date for a public hearing and notice of this hearing shall be given according to the provisions of Section 400.150. The hearing shall be held no later than forty-five (45) days from the date the appeal is filed.
6.
Decisions on appeals. Within thirty (30) days of the close of the public hearing, the Board of Adjustment shall affirm or reverse, fully or partly, or modify the order, requirement, decision or determination or other event or action appealed from.
7.
Stay of proceedings. An appeal stays all proceedings that concern the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after he/she received notice of appeal that by reason of facts certified by him/her, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed except in accordance with a restraining order issued by the Board of Adjustment or a court of record.
B.
Circuit Court. Any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by any decision of the Board of Adjustment, may petition the Circuit Court having jurisdiction pursuant to Section 89.110, RSMo. The petition shall comply with all applicable rules of the court and shall specify the grounds for appeal.
Section 400.920 Application for Review.
[R.O. 2009 §25-113; Ord. No. 3968 §4, 3-7-2005; Ord. No. 4310 §1, 10-3-2011]
A.
Building Applications — Submitted To Architectural Review Board.
1.
Any building or construction project, as described in Subsections 400.450(1) and (2), except those described in Subsection (2) hereunder, for which a building permit is required by ordinances of the City, shall require the review and approval of the Architectural Review Board. In addition to the application for a building permit, applicant shall submit to the Department of Planning and Development five (5) copies of the following items (except item (b)) and materials in duplicate for transmittal to the Architectural Review Board for its review. The documents herein required for review by the Architectural Review Board are in addition to and not in lieu of such plans, detailed drawings and specifications as may be required for submission to the Department of Planning and Development by the provisions of all applicable ordinances of the City.
a.
Schematic site plan at a scale of not less than one (1) inch equals twenty (20) feet with dimensioned property lines, building setback lines, easements identified, existing and proposed construction, location of driveways and parking areas, topographic contours of the existing grades and proposed finished grades at two (2) foot intervals minimum for a distance twenty-five (25) feet from the face of the existing and proposed construction with an indication of direction of flow of storm water, locating proposed landscape material, landscape material proposed to be removed and identifying any accessory structures, proposed or existing.
b.
Schematic floor plans (at a minimum scale of one-quarter (¼) inch equals one (1) foot) showing overall building dimensions.
c.
Schematic building elevations (at a minimum scale of one-quarter (¼) inch equals one (1) foot) showing vertical dimensions, fenestration, proposed materials and colors and any existing construction where an addition or modification is proposed. All existing building materials shall be indicated on the existing building elevations.
d.
Color photographs of all buildings located on adjoining property. Color photographs of all building facades of existing construction for projects involving remodeling or additions.
e.
Such other documentation, materials and other specific information that the Architectural Review Board may reasonably request.
2.
Plans for projects involving alterations and repairs, which do not affect the outward appearance of a building, and existing home decks, fences, window replacements and roofing shingle replacements shall not require approval of the Architectural Review Board.
3.
No building permit for a building project subject to this Section shall be approved or issued by the Building Official until the Architectural Review Board has completed its review of and has issued its ruling hereunder with respect to such project.
4.
Any proposed new construction or significant modification of existing construction shall require architectural plans prepared by and bearing the professional seal and signature of a person licensed to practice architecture in the State according to Chapter 327, RSMo. Any work associated with the proposed construction which is engineering in nature and not incidental to the architectural scope per Chapter 327, RSMo., shall require plans or drawings prepared by and bearing the seal and signature of a person licensed under the same Statute to practice engineering.
5.
Any building plans and documentation related to such project once approved by the Architectural Review Board and returned to the Building Official for further processing of an application for a building permit shall not thereafter be revised, altered or changed by the applicant in any way affecting the outward appearance of the structure nor shall the same be approved, suffered or permitted by the Building Official, either before or after issuance of a building permit or at any time during the progress of the execution of the work, without first resubmitting the project to the Architectural Review Board for its further review and consideration hereunder and obtaining its approval thereof.
6.
Individual citizen notice. All residents and property owners residing within three hundred (300) feet of property which is the subject of review by the Architectural Review Board shall, upon receipt of the petition by the Zoning Administrator, be notified by mail that said petition was filed. Said notification shall give the date of the first (1st) submission of the matter before the Architectural Review Board, to include a copy of the body's review protocol as itemized within this Division.
a.
When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons.
b.
The Architectural Review Board, at its sole discretion, may hold informational meetings intended to inform residents of the details of proposals involving new construction or uses within three hundred (300) feet of their homes. This is not to be construed as fulfilling the requirement for the public hearings described elsewhere in this Division. Resident notification of the informational meeting is to be by post card or letter mailed or hand delivered to properties within three hundred (300) feet of the property for which new construction or a new use is petitioned.
Section 400.930 Application for Review - Consideration.
[R.O. 2009 §25-114; Ord. No. 3968 §4, 3-7-2005]
A.
Promptly after an application for a building permit and all the supporting data itemized above have been filed in good order in the Department of Planning and Development, copies of the same application and supporting data shall be equally distributed to all members of the Architectural Review Board for their review, examination and determination, in connection with the general welfare of the residents of the City, whether the proposed structure will meet the following requirements:
1.
It will conform to the proper architectural standards concerning appearance and design.
2.
It will be in general conformity with the style, design of surrounding structures, not constituting an unsightly, grotesque or otherwise unsuitable appearance, detrimental to the welfare of surrounding property or residents.
3.
It will be conducive to the proper architectural development of the City.
4.
It will preserve, to the greatest extent possible, living trees having a caliper of six (6) or more inches and will be landscaped in general conformity with surrounding properties.
B.
In making any determination hereunder with respect to conformity of the proposed structure to the standards set out above, the Architectural Review Board may consider its bulk, scale or total size in relation to the size of the lot on which the structure is to be situated and to the size of the other structures in the surrounding neighborhood.
Section 400.940 Meeting Schedule.
[R.O. 2009 §25-115; Ord. No. 3968 §4, 3-7-2005]
Within ten (10) days of receiving the application and supporting data, the Chairman shall call a public meeting of the Architectural Review Board and a minimum fifteen (15) days' notice of the time and place of the meeting shall be given to the applicant and publicly posted. At the meeting the Architectural Review Board shall examine the plans, elevations, detail drawings and specifications, hear the applicant in reference thereto and any other evidence that may be pertinent.
Section 400.950 Meeting Schedule - Approval - Conditional Approval - Disapproval.
[R.O. 2009 §25-116; Ord. No. 3968 §4, 3-7-2005]
A.
At said meeting and after said hearing or, at any meeting within fifteen (15) days subsequent thereto, the Architectural Review Board shall take one (1) of the following actions:
1.
The Architectural Review Board shall approve the application if, in its opinion, the proposed structure will be in conformity with the standards set out above;
2.
The Architectural Review Board shall conditionally approve the application if, in its opinion, the proposed structure will be in conformity with the standards set out above, provided the applicant makes changes in the drawings and specifications in strict conformity with recommendations from the Architectural Review Board; or
3.
The Architectural Review Board shall disapprove the application if, in its opinion, the proposed structure will not be in conformity with the standards set out above and the Architectural Review Board has no reasonable recommendations that, if adopted, would cause it to so conform. The Architectural Review Board shall provide written reasons for the disapproval.
Section 400.960 Meeting Schedule - Issuance of Permit.
[R.O. 2009 §25-117; Ord. No. 3968 §4, 3-7-2005]
If the Architectural Review Board returns the application to the Building Official with approval, the Building Official shall issue the required permits. If the Architectural Review Board shall return the application to the Building Official with conditional approval and recommendations, the Building Official may issue the required permits, provided that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with all recommendations of the Architectural Review Board. Upon denial of any application to the Architectural Review Board, the Building Official shall not issue a building permit.
Section 400.970 Appeals.
[R.O. 2009 §25-118; Ord. No. 3968 §4, 3-7-2005; Ord. No. 4359 §1, 7-16-2012]
A.
Any person aggrieved by the decision of the Architectural Review Board may appeal to the Board of Aldermen. Appeals shall be filed within ten (10) days from the date of the decision of the Architectural Review Board for which the appeal is filed.
B.
Any appeal shall be based on one (1) or more of the following grounds for appeal and the inquiry and review by the Board of Aldermen shall be limited to the specific grounds stated in the appeal:
1.
The Architectural Review Board's decision was outside the scope of the Board's authority or jurisdiction;
2.
The Architectural Review Board's decision is not supported by the whole record;
a.
The Architectural Review Board's decision is, for any other reason, unauthorized by law; or
b.
The Architectural Review Board's decision is arbitrary and capricious or an abuse of the Board's discretion.
The appeal must set forth sufficient factual detail and argument so that the grounds for appeal are easily discernible. |
C.
Upon an appeal being filed in the office of the City Clerk/Administrator, the hearing of the appeal will be placed on the agenda of the Board of Aldermen and processed in accordance with the Board of Aldermen procedures set forth in Chapter 400, Section 400.150 of the Brentwood City Code. There will be public notice thereof, as well as due notice to the parties in interest, including the owners of abutting lots.
D.
The Board of Aldermen at such hearing, shall hear such interested parties as may desire to by heard and after said hearing shall make a determination with regard to the appeal. The Board may affirm the decision of the Architectural Review Board, may reject the decision of the Board and remand the matter to the Architectural Review Board for further consideration, or may affirm the decision with additional conditions. If the matter is approved with conditions, and the applicant complies with the conditions, the permit shall be issued forthwith, otherwise no permit shall be issued by the Director of Planning and Development. The action of the Board of Aldermen in regard to the application, together with the report of the Architectural Review Board, shall be included in the minutes of the Board of Aldermen.
Section 400.1040 Purpose.
[R.O. 2009 §25-124; Ord. No. 2739 §43-97.1, 5-20-1985]
The site plan approval procedure is intended to ensure the adequate review and consideration of potential impacts of proposed development upon surrounding uses and activities and to encourage a high standard of site and building design.
Section 400.1050 Application.
[R.O. 2009 §25-125; Ord. No. 2739 §43-97.2, 5-20-1985; Ord. No. 3931 §1, 4-19-2004]
A.
An application for site plan approval may be filed by any person or their agent with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan.
B.
All applications for site plan approval shall be filed in the Department of Planning and Development. The application for site plan approval shall contain the following information as well as such additional information as the Planning and Zoning Commission may prescribe by additional administrative regulation filed with the City Clerk/Administrator:
1.
All applications shall be signed by the applicant and shall state the applicant's name and address.
2.
The site plan shall include all necessary data and drawings in order that the Zoning Administrator can determine whether the proposed use and development complies with the district requirements and that City departments affected by the project may assess the impact of the proposed development on public facilities and services and on the surrounding area.
3.
The preliminary plan may be in sketch form but must be drawn to scale and with reasonable accuracy. The plan may be drawn "hard-lined" or freehand if skillfully executed. It may consist of one (1) or more sheets or drawings at a scale of one (1) inch equals fifty (50) feet or larger. Engineers' scale, one (1) inch equals twenty (20) feet, one (1) inch equals forty (40) feet, etc., is preferable to architects' scale, one-sixteenth (1/16) inch equals one (1) foot, etc.
4.
The following data and drawings are required for the preliminary plan:
a.
A site location diagram. A small diagram map indicating position in the City and in relation to surrounding streets and the City's major street network which may be a different scale from the remaining items;
c.
Site dimensions. Show dimensions of site perimeter, applicable zoning setback lines, site area in square feet and an access. Dimensions may be approximate for the preliminary submission;
d.
Site surroundings. Indicate the property lines, ownership and location of all buildings occupying and property abutting subject property or location within a distance of three hundred (300) feet from the perimeter of the site. This map may be drawn at a different scale from other plan items;
e.
Easements and restrictions. Indicate location and nature of easements, zoning boundaries or other restrictions or limitations on the use of the subject site;
f.
Site topography. Provide existing and proposed contours at intervals of two (2) feet or less. This map may be approximate and drawn from enlarged U.S.G.S. or MSD base maps for preliminary submission;
g.
Building location, size and siting. Outline in a solid line and locate with dimensions from the property line the "footprint" of all buildings. All building extensions or projections beyond the primary facade should be drawn with dotted lines. Indicate also building perimeter dimensions and heights;
h.
Parking layout and driveways. Include notation of parking stall size, aisle and driveway widths and number of cars in each row of parking spaces;
i.
Landscaping plan. Describe existing and proposed landscape material by size and species along with related site improvements such as retaining walls, walkways, plazas, etc. Generalized massing of major existing tree groups and approximate location of all trees over nine (9) inch caliper, whether to remain or to be removed, to be shown on preliminary submission. The final plan should locate all trees over six (6) inch caliper and indicate which are to remain and which are to be removed as well as describing accurately the size, type and location of all planned plant material;
j.
Utilities. Indicate provision for or access to major utilities including water, storm sewers, sanitary sewers, gas and electricity;
k.
Storm water management and erosion control. Indicate provisions to be made to direct and detain storm water on site in accordance with applicable City regulations including Article V, Division 7, Section 400.2660 of this Code and to mitigate erosion both during and following completion of construction;
l.
Lighting. Indicate the location of light standards along with both a graphic and catalog reference describing the proposed standards.
m.
Development data. Indicate in tabular form the following information:
(1)
Site area in square feet and acres;
(2)
Gross building floor area in square feet;
(3)
Leasable floor area, GLA, square feet;
(4)
Percentage of leasable to gross floor area (3/2);
(5)
Floor area ratio (3/1);
(6)
Building coverage (building "footprints"/1);
(7)
Site coverage (6 + parking and driveways area/1);
(8)
Parking spaces required;
(9)
Parking spaces provided;
(10)
Existing and proposed zoning.
5.
The final plan shall be drawn and certified or sealed by a licensed professional engineer or architect. The final plan shall be drawn accurately to line and scale, one (1) inch equals fifty (50) feet or larger. The final submission shall comply with any approved preliminary plan and shall incorporate all changes or refinements resulting from any conditional approval.
6.
The final plan shall include all the elements in Subsection (B)(4). However, all approximate dimensions and data supplied in the preliminary plan shall be precise and accurate in the final plan.
7.
In addition to the requirements in Subsection (B)(4), the final submission shall include schematic architectural plans. These plans shall be drawn by a licensed architect or engineer and shall show the layout and use of interior building floor space by means of floor plans and building facades. Building profiles and exterior materials shall be shown by elevation and/or section drawings. While these architectural schematics should be drawn to scale, they may be drawn freehand if accurately and skillfully executed.
Section 400.1060 Review Procedure.
[R.O. 2009 §25-126; Ord. No. 2739 §43-97.3, 5-20-1985; Ord. No. 2893 §1, 11-2-1987]
A.
A site plan shall be submitted with the application for site plan approval which shall contain, at a minimum, information required by the district regulations (see Article III) in addition to the application and submission requirements of this Article.
B.
The Zoning Administrator shall coordinate the review and analysis of the site plan application by the City staff including other affected City departments before any final action may be taken by the Commission on the application. This coordinated administrative review of the application shall be completed within seventy (70) days of filing. The results of this review shall be compiled by the Zoning Administrator and reported by him/her to the Commission for its consideration.
C.
After the Commission receives the site plan application and associated documents, the Chairman shall appoint a special committee consisting of three (3) to five (5) members of the Commission to review the application and report it has received from the Zoning Administrator. The Commission's special committee may then either recommend approval, disapproval or, conditionally approve the site plan application. The decision rendered by the special committee shall then be considered by the full Planning and Zoning Commission.
D.
At the applicant's discretion, he/she may choose, following the submission of the report of the Zoning Administrator to the Commission, to regard his/her initial application as a preliminary site plan. He/she may then respond to the review of the Zoning Administrator and Commission and submit a revised final site plan to the Commission for its consideration and final action within an additional seventy (70) days thereafter.
E.
Every request for rezoning of property to one (1) of the following zoning districts shall be accompanied by a site plan:
"MR" | Multi-Family Residential District | ||
"RSC" | Retail-Service Commercial District | ||
"GC" | General Commercial District | ||
"PD" | Planned Development Overlay District | ||
"LID" | Light Industrial District | ||
The action and reasoning of the Planning and Zoning Commission recommendation shall then be forwarded to the Board of Aldermen. | |||
F.
When an application for site plan approval is filed in conjunction with an application for rezoning, the Commission shall submit the conclusions of its review of the site plan, either approval, disapproval or conditional approval, in accordance with this Section, together with its recommendation to the Board of Aldermen for its action on the rezoning.
G.
In those instances where final approval of a site plan is dependent upon a variance approval by the Board of Adjustment, no action will be taken by the Planning and Zoning Commission on that final review until the Board of Adjustment has rendered a decision, regardless of the seventy (70) day time limitation referenced in Subsection (D). In those events where inaction by the Board of Adjustment delays final review by the Planning and Zoning Commission beyond the seventy (70) day time limit, a final review recommendation will be made within forty-five (45) days following a decision by the Board of Adjustment.
Section 400.1070 Site Development Standards.
[R.O. 2009 §25-127; Ord. No. 2739 §43-97.4, 5-20-1985; Ord. No. 4172 §1, 3-24-2009]
A.
In considering any application for approval of a site plan, the Commission shall consider the following factors:
1.
The relationship of proposed uses, functions, sites and buildings within the development tract to each other;
2.
The relationship of proposed uses, functions, sites and buildings within the tract to existing land uses and the permitted uses of adjoining tracts in accordance with correct zoning;
3.
The provision and distribution of adequate parking facilities;
4.
The provision of proper means of access to and from public roads, including adequate access for firefighting vehicles and equipment;
5.
The provision of site amenities including landscaping and fences;
6.
Any other factors relevant to the public health, safety and convenience and general welfare of the residents of the City.
B.
The following best practices shall be considered when reviewing an application for approval of curb cuts in both residential and commercial zoning districts:
1.
For streets classified as minor arterial or above, as defined in Appendix B, page 16 of the Brentwood Comprehensive Plan, new curb cuts should be prohibited;
2.
For streets classified as collectors, new curb cuts should be discouraged;
3.
For corner lots, City's priority should be to locate the curb cut on the lower functional classified street, i.e., local street before collector street and collector street before arterial;
4.
Curb cuts should be located as far from the adjacent public street intersection as practical to achieve maximum available corner clearance, with consideration of property limits, adjacent curb cuts, topography and existing drainage facilities;
5.
One (1) residential driveway is permitted for each single-family residential lot. One (1) additional residential driveway is permitted when the single-family residential lot frontage is at least two (2) times the minimum front yard lot width for the zoning district and meets all zoning requirements of the residential district located in Section 400.1320 or Section 400.1330;
6.
One (1) residential driveway is permitted for each attached single-family residential lot with a shared access drive preferable for multiple attached single-family units. One (1) additional residential driveway is permitted when the single-family residential lot frontage is at least two (2) times the minimum front yard lot width for the zoning district;
7.
One (1) residential driveway is permitted for each multi-family residential lot. One (1) additional residential driveway is permitted when the multi-family residential front yard lot frontage exceeds two hundred (200) feet, provided that the sum of the driveway widths do not exceed twenty percent (20%) of the frontage. However, more than two (2) access points are reserved for apartment and condominium style developments with over one hundred (100) units;
8.
No subdivision of an existing piece of ground would be allowed that would in itself create an inconsistency or inability to comply with the access management best practices;
9.
For larger residential projects (greater than three (3) lots or two (2) acres) the City shall defer to the most recent version of the St. Louis County Design Criteria Manual and Standard Drawings, Section 40.30 Entrance Standards.
Section 400.1080 Conditions and Restrictions.
[R.O. 2009 §25-128; Ord. No. 2739 §43-97.5, 5-20-1985; Ord. No. 3033 §7, 10-16-1989]
A.
In approving a site plan application, the Commission may impose conditions and restrictions and may vary the standards and prescribe development standards within the range of such discretion as prescribed elsewhere in the Brentwood City Code, so long as the general intent of this Article is carried out. In no event, however, shall any permitted use or use regulations be varied so as to make them less restrictive than prescribed in the district regulations (Article III).
B.
If the Commission imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted final approval of a site plan, building permit and certificate of occupancy.
C.
Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter.
Section 400.1090 Site Plan Approval in Conjunction With Rezoning.
[R.O. 2009 §25-129; Ord. No. 2739 §43-97.6, 5-20-1985]
If the site plan was approved in conjunction with a change of zoning and if substantial construction or development has not been completed within twelve (12) months of the Board of Aldermen's approval of the site plan and rezoning, the Board of Aldermen may, on its motion or on a recommendation of the Planning and Zoning Commission, rezone the property or any portion thereof to any one (1) or more of the zoning districts that regulated the use of such ground immediately prior to the approval of the zoning district classification and corresponding site plan. A public hearing, other than the required three (3) readings of a bill, is not required for this rezoning; however, the owner shall be notified of the proposed rezoning prior to the introduction of any bill for such rezoning.
Section 400.1100 Site Plan and Building and Occupancy Permits.
[R.O. 2009 §25-130; Ord. No. 2739 §43-97.7, 5-20-1985]
A building permit or certificate of occupancy for any building or structure within a project that has undergone site plan approval shall not be issued unless that building or structure is in substantial compliance with the site plan as approved by the Board of Aldermen.
Section 400.1110 Detailed Site Plan.
[R.O. 2009 §25-131; Ord. No. 2739 §43-97.8, 5-20-1985]
If a site plan provides for the construction of a complex of buildings and site improvements to be developed over an extended period of time, a detailed site plan shall be submitted for review by the Planning and Zoning Commission in accordance with this Section for each specific building project. Such detailed site plans may be submitted in advance of or in conjunction with an application for a building permit. Of primary importance in this review will be a determination that the detailed site plan complies with the site plan approval for the total development or project.
Section 400.1120 Term.
[R.O. 2009 §25-132; Ord. No. 2739 §43-97.9, 5-20-1985]
No site plan review by the Commission shall be valid for a period longer than twelve (12) months from the date granted, unless within such period a building permit is obtained and substantial construction is commenced. The Board of Aldermen may grant extensions not exceeding twelve (12) months each upon written request of the original applicant and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Board has the power in such cases to attach new conditions to its reapproval or disapprove the reapplication. Where the application for reapproval contained changes which the Board concludes materially alter the initial application, it shall refer the application to the Zoning Administrator who shall initiate a new site plan review procedure as stated in Section 400.1050.
Section 400.1130 Trust Indenture.
[R.O. 2009 §25-133; Ord. No. 2739 §43-64, 5-20-1985]
A.
The developer of land shall submit in association with the site plan for a proposed project, a proposed trust indenture relating to all of the land within the development. This trust indenture shall provide for the appointment of a Board of Trustees to be selected by the owners of the tract in an equitable manner. The Board of Trustees shall be charged with the duty under this Chapter and under such trust indenture to maintain all streets, private parks, common areas, walks, fountains, pools, statuary, landscaping, recreational areas and any other areas or structures for the common use of the tenants or owners of property within the development. The trust indenture shall provide an equitable means of assessment against all land within such tract, with the exception of public lands, to ensure that the above described areas and structures shall be maintained in compliance with this Chapter and other ordinances of the City. In this manner, such areas and structures will remain attractive and useful to the owners and tenants of property within the development and shall not be injurious to the health, safety or welfare of residents of surrounding areas or be detrimental to property values of land and improvements within such tract or in surrounding areas.
B.
The trust indenture shall also provide that the conveyance or change of ownership or lease of any part of such tract shall be subject to the terms of this Chapter and of such trust indenture and that no right or power conferred on the trustees by such indenture to comply with the provisions of this Subsection shall be abrogated. Such trust indenture shall be submitted to the City Attorney for approval as to the legal form and shall be recorded with the Recorder of Deeds of the County prior to the issuance of any building permit. No change or amendment shall be made in terms or provisions of the original trust indenture without the written consent of the City Attorney.
Section 400.1150 Building Permits - Required.
[R.O. 2009 §25-143; Ord. No. 2739 §43-99.1, 5-20-1985]
No building shall be constructed, reconstructed or structurally altered, nor shall any such work be started until a building permit for the work has been issued by the Building Official. The application for a building permit shall be in the name of the person for whom the work or construction is to be done. Building permits shall expire one (1) year after date of issuance. Application for renewal must be made by the applicant upon expiration unless substantial construction has been initiated and is being pursued diligently toward completion.
Section 400.1160 Building Permits - Application.
[R.O. 2009 §25-144; Ord. No. 2739 §43-99.2, 5-20-1985]
A.
The application shall be prepared on forms provided by the Department of Planning and Development and available in his/her office. The application shall be signed by the applicant and shall state his/her name and address.
B.
In addition to the specific requirements in this Section, every application for a building permit shall further comply with all applicable provisions of the Building Code as well as pertinent Sections of the City's other technical codes. The Zoning Administrator shall issue regulations requiring such other information as may be necessary to determine compliance of the application with this Article and a copy of the applicable provisions from the Building Code and said regulations shall be available in the Department of Planning and Development.
C.
All applications for building permits shall be accompanied by three (3) copies of engineering and/or architectural plans and specifications for commercial applications and two (2) copies for residential applications, drawn to an appropriate scale. The plans shall be sufficiently detailed to allow the determination of compliance with all relevant City codes, ordinances and regulations and shall show the proposed site improvements, including all new construction and reconstruction, structural alteration or repair of existing structures. In addition, the plans shall indicate the shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing structures and the lines within which the buildings or structures shall be erected or altered, the existing and intended use of each building or part of building, the number of families the building is designed to accommodate if a residence or apartment, the number of persons the building is designed to accommodate for each separate use or non-residential function and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter. The Building Official shall forward one (1) copy of the building permit application to the Zoning Administrator for his/her review. One (1) copy of such plans shall be returned to the owner, upon approval, by the Building Official.
D.
All dimensions shown on those plans relating to the location and size of the lot to be built upon shall be related to known, accepted street or property lines. The Director of Planning and Development or the Commission may require that the lot and the location of the building thereon shall be staked out on the ground before construction is started.
E.
At the time a building permit is issued, the applicant shall pay the City a fee in accordance with the schedule of fees established by the Board of Aldermen. The fee shall be paid in the office of the City Clerk/Administrator.
F.
For any construction, reconstruction or structural alteration valued at fifty thousand dollars ($50,000.00) or more, the Building Official shall not issue a building permit until a performance bond or escrow agreement to cover the cost of completion of improvements has been filed with the City Clerk/Administrator in a form and with a company approved by the City Attorney.
Section 400.1210 Site and Landscape Plans.
[R.O. 2009 §25-145; Ord. No. 2739 §§43-75.1 — 43-75.2, 5-20-1985]
A.
Prior to the issuance of any building permit for the construction or improvement of a parking or loading area subject to this Section, a suitable parking site and landscape plan shall be submitted to the Planning and Zoning Commission indicating the landscaping, as well as the parking layout, proposed drainage on the premises, proposed lighting on the premises and all driveways extending beyond the property line into the public right-of-way.
B.
The landscaping plan shall be prepared by a qualified architect or landscape architect and shall meet with the approval of the Commission which shall review the proposed parking area and its landscaping to ascertain that the plan will promote and facilitate the objectives of this Section. Any deviation from the approved plan shall constitute a violation of this Chapter. Plans shall be drawn to an accurate scale and shall show the layout of the lot entrances and exits, drainage provisions, lighting provisions, surfacing, curb barriers and location and type of landscaping, including by name and size the types of trees, hedges, shrubs and plants to be used. This required parking site and landscape plan may be incorporated and made part of a site plan submitted in accordance with other zoning district requirements and Division 9 of this Article.
C.
Any application for a building permit for the construction of a parking or loading facility shall be accompanied by a parking site and landscape plan to be reviewed and approved, if appropriate, by the Planning and Zoning Commission. Such application shall be accompanied also by detailed construction plans and specifications of the planned improvements and a statement regarding the proposed methods of maintenance and operation.
Section 400.1220 Review Procedure.
[R.O. 2009 §25-146; Ord. No. 2739 §43-99.3, 5-20-1985]
A.
The Zoning Administrator shall review the building permit application and determine that it complies with all applicable submission requirements and all applicable City ordinances relating to the development of land and shall return the application with his/her recommendations to the Building Official.
B.
If an application is refused by the Building Official for the reason that the application fails to satisfy the applicable requirements of this Zoning Code and other City ordinances, the applicant may appeal to the Board of Adjustment in accordance with the provisions of Division 7 of this Article.
Section 400.1230 Certificate of Occupancy - Required.
[R.O. 2009 §25-147; Ord. No. 2739 §43-100.1, 5-20-1985; Ord. No. 4831, 4-16-2018]
A.
No person shall occupy, nor shall any owner or agent thereof permit the occupancy of any building or addition thereto or part thereof, for any purpose until a certificate of occupancy has been issued. The certificate of occupancy so issued shall state that the occupancy complies with this Chapter and all other applicable provisions of this Code including, but not limited to, the Building Code and all other safety codes.
B.
No certificate of occupancy shall be issued for any transient occupancy in any residential zoning district. A transient occupancy shall be considered as an occupancy on a daily or nightly basis, or any part thereof, for a period of thirty-one (31) or fewer consecutive days.
Section 400.1240 Certificate of Occupancy - Application.
[R.O. 2009 §25-148; Ord. No. 2739 §43-100.2, 5-20-1985]
A.
Whenever the sale of a building results in a change in the occupant, or whenever premises are rented to an occupant, or whenever there is a change of use of the premises, the occupant shall be required to apply for and receive a certificate of occupancy in accordance with the provisions of this Article and all other applicable ordinances and regulations of the City or other public jurisdiction having jurisdiction over some aspect of the development such as fire protection, sewers, etc.
B.
An application for a certificate of occupancy shall be filed in the office of the Building Official. At the time the application is filed, the applicant shall pay the requisite fee. Notice of such charges shall appear on all occupancy permit applications.
C.
Certificates of occupancy may be issued upon application by landlord or owner of property and the Director of Planning and Development may make periodic inspections of such property.
D.
Conditional Occupancy Permit.
1.
A conditional occupancy permit may be issued by the Director of Planning and Development if, in the Director's sole discretion:
a.
Any deficiency or non-compliance with this Code would not seriously endanger the health or safety of the occupants or the community; and
b.
The occupant has made to the City a sufficient cash deposit to ensure completion of the work and corrections and repairs of all conditions in violation of City ordinance; and
c.
The occupant has entered into an agreement setting forth deadlines for the work to be done, the expiration date of the temporary occupancy permit, and the conditions upon which the City may utilize the cash deposit to perform the work to correct and repair defects; and
d.
The occupant has already submitted all applications and plans to the City and has obtained building permits, approvals of the Planning and Zoning Commission, Architectural Review Board, Board of Aldermen, and all other required governmental approvals from the City for the work.
2.
No conditional occupancy permit shall be issued for a period exceeding one hundred twenty (120) days. However, a conditional occupancy permit may be extended only once for a period not to exceed sixty (60) days if the Building Commissioner finds that:
a.
Any deficiency or non-compliance with this Chapter would not seriously endanger the health or safety of the occupants or the community; and
b.
The occupant has made substantial progress toward bringing the property into compliance with the Municipal Code; and
c.
All required corrections can be made within the time granted for the extension.
3.
All required work to correct and repair the violations shall be completed prior to the expiration of the conditional occupancy permit. Immediately following the completion of the work, the occupant shall contact the City for an inspection of the work and the property.
4.
Upon the expiration or revocation of the conditional occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property; however, work to correct and repair deficiencies and violations may be completed at the property only during the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday from 10:00 A.M. until 4:00 P.M. No audible work from the exterior is to be done on Sunday without the express permission of the Director of Planning and Development.
5.
The amount of the cash deposit shall be, at a minimum, twenty-five percent (25%) of the estimated cost of all work required or one thousand five hundred dollars ($1,500.00) whichever is more; amounts above this minimum may be required if a higher amount is necessary to ensure the occupant's compliance with the Municipal Code and/or be sufficient to ensure that at least a portion of the violations can be corrected or repaired by the City. The Agreement between the City and the occupant shall be in the form approved by the City and must also be signed by the owner of the property (if different from the occupant). The City may require submission of contracts and other documents pertaining to the work.
6.
The cash deposit shall be deposited by the City in a manner such that the deposit will be separately accounted for apart from other City funds. The City shall document the use, replacement, or release of such funds, as deposited by each occupant, according to generally accepted accounting principles. Occupant shall not receive any interest on the funds deposited.
7.
The cash deposit shall only be released or utilized by the City in accordance with the terms with the Agreement and this Section.
Upon final inspection by the City and satisfactory completion of all required work by the occupant, the deposit shall be released to the occupant. Provided, however, if the Director of Planning and Development determines that the work has been timely and is substantially complete, the Director of Planning and Development may release up to ninety percent (90%) of the cash deposit to the occupant to pay contractors and third parties for the remainder of the work. The remaining ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the event that the work is defective or non-compliant with City ordinance, the City may use an occupant's deposited funds for expenses incurred to perform abatement, complete the work or otherwise ensure compliance with all applicable codes and requirements. If the City so utilizes such funds, the occupant shall be obligated to deposit a sum equal to the amount so used so as to maintain full funding of the required deposit.
8.
Any occupant aggrieved by a decision of the Director of Planning and Development in the administration of this Section may file a written appeal to the City Administrator within ten (10) days of the decision appealed from. The City Administrator shall make a written determination of the appeal within ten (10) business days of the occupant's appeal, unless circumstances prevent a timely determination, in which case the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator improperly denies such an appeal, the occupant may file a written appeal to the Board of Aldermen within five (5) days of the date of the City Administrator's decision.
9.
If the occupant fails to comply with an obligation of this Section, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured.
10.
The City may pursue any other available remedy in order to enforce its ordinance. Nothing herein shall be construed to limit the authority of the City to pursue equitable or legal remedies, abatement or other remedy available to the City.
Section 400.1250 Conditional Occupancy Permit.
[Ord. No. 4379 §1, 10-15-2012]
A.
A conditional occupancy permit may be issued by the Director of Planning and Development if, in the Director's sole discretion:
1.
Any deficiency or non-compliance with this Code would not seriously endanger the health or safety of the occupants or the community; and
2.
The occupant has made to the City a sufficient cash deposit to ensure completion of the work and corrections and repairs of all conditions in violation of City ordinance; and
3.
The occupant has entered into an agreement setting forth deadlines for the work to be done, the expiration date of the temporary occupancy permit, and the conditions upon which the City may utilize the cash deposit to perform the work to correct and repair defects; and
4.
The occupant has already submitted all applications and plans to the City and has obtained building permits, approvals of the Planning and Zoning Commission, Architectural Review Board, Board of Aldermen, and all other required governmental approvals from the City for the work.
B.
No conditional occupancy permit shall be issued for a period exceeding one hundred twenty (120) days. However, a conditional occupancy permit may be extended only once for a period not to exceed sixty (60) days if the Director of Planning and Development finds that
1.
Any deficiency or non-compliance with this Chapter would not seriously endanger the health or safety of the occupants or the community; and
2.
The occupant has made substantial progress toward bringing the property into compliance with the Municipal Code; and
3.
All required corrections can be made within the time granted for the extension.
C.
All required work to correct and repair the violations shall be completed prior to the expiration of the conditional occupancy permit. Immediately following the completion of the work, the occupant shall contact the City for an inspection of the work and the property.
D.
Upon the expiration or revocation of the conditional occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property; however, work to correct and repair deficiencies and violations may be completed at the property only during the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday from 10:00 A.M. until 4:00 P.M. No audible work from the exterior is to be done on Sunday without the express permission of the Director of Planning and Development.
E.
The amount of the cash deposit shall be, at a minimum, twenty-five percent (25%) of the estimated cost of all work required or one thousand five hundred dollars ($1,500.00) whichever is more; amounts above this minimum may be required if a higher amount is necessary to ensure the occupant's compliance with the Municipal Code and/or be sufficient to ensure that at least a portion of the violations can be corrected or repaired by the City. The agreement between the City and the occupant shall be in the form approved by the City and must also be signed by the owner of the property (if different from the occupant). The City may require submission of contracts and other documents pertaining to the work.
F.
The cash deposit shall be deposited by the City in a manner such that the deposit will be separately accounted for apart from other City funds. The City shall document the use, replacement, or release of such funds, as deposited by each occupant, according to generally accepted accounting principles. Occupant shall not receive any interest on the funds deposited.
G.
The cash deposit shall only be released or utilized by the City in accordance with the terms with the agreement and this Section.
Upon final inspection by the City and satisfactory completion of all required work by the occupant, the deposit shall be released to the occupant. Provided however, if the Director of Planning and Development determines that the work has been timely and is substantially complete, the Director of Planning and Development may release up to ninety percent (90%) of the cash deposit to the occupant to pay contractors and third parties for the remainder of the work. The remaining ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the event that the work is defective or non-compliant with City ordinance, the City may use an occupant's deposited funds for expenses incurred to perform abatement, complete the work or otherwise ensure compliance with all applicable codes and requirements. If the City so utilizes such funds, the occupant shall be obligated to deposit a sum equal to the amount so used so as to maintain full funding of the required deposit.
H.
Any occupant aggrieved by a decision of the Director of Planning and Development in the administration of this Section may file a written appeal to the City Administrator within ten (10) days of the decision appealed from. The City Administrator shall make a written determination of the appeal within ten (10) business days of the occupant's appeal, unless circumstances prevent a timely determination, in which case the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator improperly denies such an appeal, the occupant may file a written appeal to the Board of Aldermen within five (5) days of the date of the City Administrator's decision.
I.
If the occupant fails to comply with an obligation of this Section, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured.
J.
The City may pursue any other available remedy in order to enforce its ordinance. Nothing herein shall be construed to limit the authority of the City to pursue equitable or legal remedies, abatement or other remedy available to the City.