Camdenton City Zoning Code
ARTICLE V
Administration
Section 400.320 Enforcement.
[R.O. 1992 § 400.260; CC 1984 § 42.400; Ord. No. 1074-86 § 1, 1-21-1986; Ord. No. 2398-11 § 1, 3-15-2011; Ord. No. 2415-11 § 1, 9-20-2011]
A.
Zoning Inspector. There is hereby created the position of Zoning Inspector. The Governing Body of the City of Camdenton shall designate a City employee as the Zoning Inspector.
B.
Duties. It shall be the duty of the Zoning Inspector to enforce this Chapter. The Zoning Inspector shall receive applications required by this Chapter and issue permits. He/she shall examine properties for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He/she shall enforce all laws relating to land use, including location of buildings and structures, except as may be otherwise provided for. He/she shall, when the interests of the City so require, make investigations in connection with matters referred to in this Chapter. For the purpose of enforcing compliance with law, he/she shall issue such notices or orders as may be necessary.
C.
Rules. For carrying into effect its provisions, the Zoning Inspector may adopt rules consistent with this Chapter.
D.
Records. The Zoning Inspector shall keep careful and comprehensive records of applications, of permits issued, of inspections made, of reports rendered, and of notices or orders issued.
E.
Permits.
1.
Land Use Permits. A land use permit, including fill, excavation and/or blasting must be obtained from the Zoning Inspector for any agricultural, residential, commercial or industrial use of land on which no building or structure is to be erected.
2.
Application For A Permit. An application for a permit shall be submitted in such form as the Zoning Inspector may prescribe. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Zoning Inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as the Governing Body may establish. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction and of all existing buildings. Where no building or structure is to be erected, the applicant shall state on the application for a permit, the nature of the proposed use of the land.
3.
Commencement Of Construction. Any land use permit issued hereunder shall provide that commencement of the construction covered by the permit shall commence within three (3) months from the date of the issuance of said permit and that all work contemplated by said permit shall be completed within one (1) year from the date of issuance of said permit.
F.
Amendments To Applications. Nothing in this Section shall prohibit the filing of amendments to an application at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
G.
Action On Application. If, after examination of the application for permit, the Zoning Inspector finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he/she shall approve such application and issue a permit for the proposed work as soon as practicable. If his/her examination reveals otherwise, he/she will reject such application, noting his/her findings in a report to be attached to the application and delivering a copy to the applicant.
H.
Condition Of The Permit. All work performed under a permit issued by the Zoning Inspector shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagrams, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. It shall be unlawful to change the use of land for which a Land Use Permit has been issued until a revised Land Use Permit has been obtained.
I.
Revocation. The Zoning Inspector may revoke a permit or approval issued under the provisions of this Chapter in case the work performed under the permit is not in conformance with the permit or condition of the permit as specified in Subsection (H) above, or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
Section 400.330 Site Plan Review.
[Ord. No. 2692-18, 2-20-2018]
A.
Purpose.
1.
It is the intent and purpose of this Section to establish a procedure which will enable the City to plan for and review certain proposed improvements of property within specified zoning districts of the City to:
a.
Implement community policies on physical development;
b.
Provide for efficient, rational allocation of scarce facilities and resources;
c.
Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development;
d.
Ensure the orderliness, quality, and character of the development of property in the City, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources; and
2.
The site planning review requirements of this Section are designed to ensure the orderly and harmonious development of such property in a manner that shall:
a.
Promote the most beneficial relation between present and proposed future uses of land and the present and proposed future circulation of traffic throughout the City;
b.
Permit present development of property commensurate with fair and orderly planning for future development of other properties in the various areas of the City with respect to the availability and capacity, present and foreseeable, of public facilities and services. The factors to be considered in arriving at a conclusion concerning proposed present development of property shall include the following:
(1)
The maximum population density for the proposed development, the proposed density of use, and consideration of the effect the proposal will have on the capacity of existing water and sanitary sewer lines to the end that existing systems will not become overloaded or capacity so substantially decreased that site use will inhibit or preclude planned future development;
(2)
Zoning restrictions at the time of the proposal;
(3)
The City's Comprehensive Plan;
(4)
The City's plans for future construction and provision for public facilities and services; and
(5)
The facilities and services already available to the area which will be affected by the proposed site use;
c.
Encourage adequate provision for surface and subsurface drainage, in order to ensure that future development and other properties in various areas of the City will not be adversely affected;
d.
Provide suitable screening of parking, truck loading, refuse disposal, and outdoor storage areas from adjacent residential districts;
e.
Preserve the character within identified special districts; and
f.
Encourage the preservation of canopied areas and mature trees and require mitigation for the removal of trees;
3.
This review supplements and does not replace any existing reviews or approvals required under this Section or other ordinances.
B.
Application Of Site Plan Review.
1.
Construction Of Terms. For the purposes of this Section, "development" is defined to be the placement of buildings and other structures, redevelopment, substantial improvements and building additions, paved areas, drainage and utility improvements, lighting and other appurtenances related to any uses subject to site plan review.
2.
Uses Exempt From Site Plan Review. The site plan review requirements of this Section shall be required for all development proposals in the City, except for the following zoning districts and uses which are not subject to the procedures of this Section. However, the uses listed below are subject to all other requirements imposed by the zoning district or other City standards and ordinances:
a.
Attached and detached single-family dwellings placed on single lots.
b.
Attached and detached two-family dwellings placed on single lots.
c.
Nonresidential buildings or paving projects with a total disturbed area of ten thousand (10,000) square feet or less.
d.
Fire stations and other public buildings owned and operated by the City.
e.
Publicly owned parks, playgrounds, golf courses, and recreation areas.
f.
General agricultural operations as permitted, provided that retail sales are limited to temporary roadside stands as permitted in Section 400.080, "A-1" General Agricultural District.
g.
Wireless Communication Facilities. Instead, wireless communication facilities are subject to the regulations of Section 400.250.
h.
Uses of land or structures customarily incidental to and subordinate to those uses set forth in this Chapter.
C.
Pre-Application Conference.
1.
Before submitting such application, the developer shall contact the Zoning Inspector to set a meeting comprised of City staff, including the Zoning Inspector, City Administrator, City Engineer, Fire Official, Public Works representative, other relevant City departments, and administrative assistant, if necessary, to record detailed notes. The purpose of the meeting shall be to:
a.
Discuss the feasibility of the proposal;
b.
Provide the developer with information and guidance regarding applicable City ordinances, specifications, standards and procedures, before the developer enters into binding commitments or incurs substantial expenses; and
c.
Discuss special site considerations and the flexibility criteria in Table 400.170.E, working with the developer to meet the intent of the Comprehensive Plan while allowing flexibility where typical zoning districts may not allow.
2.
The City may set regular schedules for pre-application meetings or on an as-needed basis. In preparation for the meeting and to obtain the most accurate guidance from City staff, the developer shall bring sufficient materials that show:
a.
The general location of the project;
b.
The proposed uses and buildings;
c.
The general site design, including buildings parking, open spaces, and drainage;
d.
Location of natural resources, floodplains, and slopes on the subject property; and
e.
Any other information the Zoning Inspector may request prior to the meeting.
3.
Comments from the committee, as may be necessary, shall be provided to the developer. The comments shall overview the requirements for the development and discussed flexibility criteria. The developer has the option to schedule subsequent pre-application meetings with City staff before preparing an application to the Planning and Zoning Commission. The developer is encouraged to contact adjoining property owners to inform them of the plan to submit a development proposal.
D.
Required Information.
1.
An application for site plan review shall be submitted and approved before issuing building permits for development in accordance with this Section. The Zoning Inspector shall review the application within five (5) business days to verify it is complete. Incomplete application shall be returned to the applicant with comments on the items needed to begin development review.
2.
Contents. An application for a site plan review shall include the following information:
a.
Name and address of the applicant.
b.
Owner, address, and legal description of the property.
c.
Photographs reflecting existing site conditions and suggested site improvements.
d.
A description of the existing structures and uses on surrounding properties.
e.
Elevations for street front and two (2) sides showing preliminary material types and color, as applicable for building design review.
f.
A site plan, drawn to scale, shall show the following information:
(1)
The date, scale of at least one (1) inch equals twenty (20) feet, North point, title, name of owner, and name of person preparing the site plan;
(2)
The boundaries of the proposed property for development;
(3)
Topographic features of the site, including major existing natural features and contour lines, and proposed grading plans;
(4)
Proposed building uses, height, dimensions, setbacks from property lines, and floor areas;
(5)
Parking areas, capacity, and access drives;
(6)
Streets abutting or within the proposed development;
(7)
For multifamily and non-residential development, a landscaping plan showing the location, amount, and type of any proposed landscaping, fences, walls, and other screening, prepared and signed by a landscape architect, architect, or engineer registered in Missouri. Fencing shall be allowed as per the standards of Section 400.280. If no fences are intended, the plan shall specifically state that no fences are to be allowed;
(8)
Location, size and type of any existing and proposed signs;
(9)
Amount of open space provided;
(10)
Common land, detention basins, recreation areas, parks, school sites, and any other amenities, including any area to be dedicated to a governmental entity with its written acknowledgement of such dedication;
(11)
Existing and proposed utilities and other easements, including water, sewer, stormwater, site lighting and other items as deemed necessary by the City; and
(12)
A summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages.
E.
Administrative Site Plan Review. When a site plan proposes development that disturbs two (2) acres or less of site area, the site plan shall be submitted and reviewed administratively under the following procedure:
1.
A subdivision of property that includes two (2) acres or less of site area and more than four (4) lots shall not be required to submit a separate site plan for review but shall proceed per Chapter 405, Subdivision Regulations.
2.
After completion of the pre-application conference as required by Subsection (C) of this Section, and if the applicant wishes to proceed with the development of the property as discussed at such conference, he/she shall prepare a development site plan and submit a site plan application to the Zoning Inspector. The site plan shall contain all the information required by Subsection (D) of this Section unless otherwise waived by the Zoning Inspector. The site plan shall be accompanied by a cover letter requesting review and approval of such plan and by payment of any fees in the amount set by the City.
3.
The Zoning Inspector shall forward the application to other City departments for comment. The Zoning Inspector shall review the site plan for conformance with the standards and criteria of this Section and zoning district requirements of this ordinance and approve, approve with conditions, or deny the application within 30 days of submittal.
4.
The Zoning Inspector may require modification of a site plan as a condition for approval. If the site plan is approved subject to specific conditions, the applicant shall be required to revise the plan in accordance with those conditions and resubmit the plan for review by the Zoning Inspector for conformance with such conditions. The Zoning Inspector shall act on all resubmitted plans within five (5) business days of their receipt.
5.
When applicable, a site plan submitted pursuant to this Section shall be combined with the plans required and regulations applicable to development in the "PUD" Planned Unit Development District and the "PUD-MH" Mobile Home Planned Unit Development District, Section 400.170, which may also require recommendation by the Planning and Zoning Commission and action by the Board of Aldermen.
6.
A site plan submitted with an application for amendment to this Chapter shall be subject to review by the Planning and Zoning Commission and decision by the Board of Aldermen, under the procedures of Section 400.360 and criteria in this Chapter.
7.
If the site plan is approved, the applicant shall submit a paper copy thereof and a digital copy in PDF format to the Zoning Inspector, who shall cause his/her written verification of approval to be affixed on such copy along with the date of approval.
8.
The City shall retain the duly certified copy in the department's permanent files and shall transmit without charge a copy of the approved plan to the applicant, provided that additional copies shall be provided upon request at cost. The applicant shall be responsible for the securing and submittal of duly certified copies of the approved site plan as required to secure building and other permits in accordance with this Chapter or State law.
F.
Administrative Referral To The Planning And Zoning Commission. The Zoning Inspector may refer a site plan application to the Planning and Zoning Commission for their review in accordance with Subsection (G) of this Section when:
1.
Discretion is required as to the appropriateness and level of conformity of the site plan with the standards of this Section and the policies and objectives of City plans; or
2.
It is the determination of the Zoning Inspector or other City departments that the site exhibits unique characteristics, location, or design requests that require additional review or interpretation in which the public would benefit from notification and public hearing by the Planning and Zoning Commission.
G.
Planning And Zoning Commission Site Plan Review. When a site plan proposes development that disturbs over two (2) acres of site area, the site plan shall be submitted and reviewed by the Planning and Zoning Commission under the following procedure:
1.
A subdivision of property that includes over two (2) acres of site area and more than four (4) lots shall not be required to submit a separate site plan for review but shall proceed per Chapter 405, Subdivision Regulations.
2.
After completion of the pre-application conference as required by Subsection (C) of this Section, and if the applicant wishes to proceed with the development of the property as discussed at such conference, he/she shall prepare a development site plan and submit a site plan application to the Zoning Inspector. The site plan shall contain all the information required by Subsection (D) of this Section unless otherwise waived by the Zoning Inspector. The site plan shall be accompanied by a cover letter requesting review and approval of such plan and by payment of any fees in the amount set by the Board of Aldermen.
3.
The Zoning Inspector shall review the site plan for conformance with the standards and criteria of this Section and zoning district requirements of this ordinance and provide a report to the Planning and Zoning Commission to consider at a public hearing as provided by law.
5.
The Planning and Zoning Commission shall act on each application at the nearest meeting to the date of filing, provided that such application is submitted at least twenty-five (25) days prior to the next scheduled meeting.
6.
The Planning and Zoning Commission may require modification of a site plan as a condition for approval. If the site plan is approved subject to specific conditions, the applicant shall be required to revise the plan in accordance with those conditions and resubmit the plan for review for conformance with such conditions. The Planning and Zoning Commission shall act on all resubmitted plans at the next meeting unless otherwise specified at the initial public hearing.
H.
Permits. No building permit shall be issued until a site plan is approved as described in this Section and all other regulations of this Title are met.
I.
Approval Criteria.
1.
Findings Of Fact. The Zoning Inspector and/or Planning and Zoning Commission shall make the following findings before approval of the site plan:
a.
The proposed development, together with any modifications, is compatible with the criteria established in Table 400.330.L[1].
[1]
Editor's Note: Table 400.330.L is included as an attachment to this Chapter.
b.
The building design conforms to the procedures and design and site review criteria established in Section 410.080, as applicable.
c.
Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.
d.
The site plan conforms to all zoning district regulations and City Comprehensive Plan.
2.
Approval Remains With The Property. An approval pursuant to this Section shall apply to the property on which the approval is granted, regardless of the subsequent sale or conveyance of property to a new property owner, until the expiration date of such approval.
J.
Modification Of Site Plan. The Zoning Inspector (or the Planning and Zoning Commission, as applicable), may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening, designation of building materials, installation of erosion control measures, improvement of access or circulation, rearrangement of structures on the site, or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics in accordance with the City Comprehensive Plan.
K.
Appeal To Board Of Adjustment. The applicant aggrieved by a decision of the Zoning Inspector or the Planning and Zoning Commission to approve or deny a site plan or amendment thereto pursuant to this Section shall have the right to appeal any determination or action in accordance with the procedures in Section 400.340.
L.
Term, Resubmissions, And Amendments.
1.
Term.
a.
A site plan approval shall become void three hundred sixty-five (365) days after the date of Zoning Inspector or Planning and Zoning Commission approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.
b.
The Zoning Inspector may revoke a site plan approval if he/she determines that the development is not complying with the terms and conditions of the approval.
2.
Resubmissions. Resubmission of a site plan due to amendments required or made to the plan as previously submitted may be made twice without additional fee. Thereafter, the resubmitted site plan shall not be considered until the applicant has deposited with the City Clerk a resubmission fee in the amount set by the Board of Aldermen.
3.
Amendments.
a.
An amendment to a previously approved site plan shall not be considered by the Zoning Inspector or Planning and Zoning Commission until the applicant has deposited with the City Clerk an amendment fee in the amount set by the Board of Aldermen.
b.
The Zoning Inspector may approve an amendment to a previously approved site plan if such amendment does not alter the building location or change more than twenty-five percent (25%) of the exterior features (in terms of total area or total number), including, but not limited to, parking and landscaping which were designated on the Planning and Zoning Commission-approved site plan. Typical examples of such amendments include parking lot reconfigurations, moving a loading dock location, switching tree locations or tree species and minor adjustments to the building such as door and window relocations or facade alterations. In no case shall such amendments be allowed if they would cause the site plan to become non-compliant regarding minimum parking, landscaping or other requirements of this Chapter.
M.
Site Plan Review Criteria. The review criteria used to determine conformance with the standards of this Section shall include, but are not limited to, those that are applicable to the respective zoning district, use and site, or building type. The proposed development shall conform to all applicable provisions of state law and all applicable Sections of this Chapter, in addition to the site plan review criteria listed in Table 400.330.L.[2]
[2]
Editor's Note: Table 400.330.L is included as an attachment to this Chapter.
Section 400.340 Board Of Adjustment.
[R.O. 1992 § 400.270; CC 1984 § 42.410; Ord. No. 1412-92 § 1, 2-18-1992; RSMo. 89.120; Ord. No. 1748-99 § 1, 5-4-1999; Ord. No. 1894-02 § 1, 6-4-2002]
A.
Appointment, Term, Vacancies, Organization. The Board of Aldermen shall provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo., may provide that the Board of Adjustment may determine and vary their application in harmony with their general purpose and intent in accordance with general or specific rules therein contained. The Board of Adjustment shall consist of five (5) members, who shall be residents of the City. The membership of the first Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B.
Procedure. The Board shall organize and elect a Chairman, Vice Chairman, and Secretary from its membership to serve for a term of one (1) year. The Board shall then adopt rules for its own government in accordance with this Chapter. Meetings shall be held at the call of the Chairman and at such times as the Board deems advisable. The Chairman, or in his/her absence the Vice Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. Also the Secretary shall keep records of the Board's examination and other official actions, all of which are to be immediately filed in the office of the Board and become public record. The Secretary shall conduct all official correspondence and supervise the clerical work of the Board. Four (4) members of the Board shall constitute a quorum. The Board shall act by resolution; and the concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Board from which there has been an appeal.
[Ord. No. 2885-21, 9-6-2021]
C.
Power Of The Board. The Board shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Inspector, in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done.
D.
Appeals To The Board. Appeals to the Board may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof and providing the Board a list of current property owners within an area determined by lines drawn parallel to a one hundred eighty-five-foot distance from the boundaries of the property impacted by the appeal. A fee of one hundred dollars ($100.00) shall accompany each notice of appeal, and said sum shall be deposited in the General Revenue Fund and shall not be refundable. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the actions appealed from, unless the Zoning Inspector certifies to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a Court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a time for the hearing of the appeal within sixty (60) days following receipt of same, give public notice thereof, by letter sent first-class mail to property owners as provided by applicant and by publication, one (1) time in a local newspaper of general circulation in Camdenton not less that five (5) days nor more than fifteen (15) days prior to the date of said hearing and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
E.
Decisions Of The Board. The Board shall render decisions only on appeals from an action of the Zoning Inspector. The Board shall take action only when it has determined that a permit has been incorrectly issued or denied, or when it has determined that the Chapter has been incorrectly interpreted, or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance signed by the Chairman, and setting out any conditions to be met. A copy of the variance shall be sent to the Zoning Inspector who shall issue a building permit setting out the terms of the variance. In no case shall the Board issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Chapter. In all cases, the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
F.
Appeal From Decisions Of The Board. Any person or persons jointly or severally aggrieved by any decision of the Board or any officer, department, board, or bureau of the City of Camdenton may present to the Circuit Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the court within thirty (30) days after the filing of the decision in the office of the Board, and thereafter proceedings shall be had thereon as provided by Sections 89.010 to 89.140, RSMo., 1969, as revised.
Section 400.350 Planning And Zoning Commission - Composition - Terms - Vacancy - Removal.
[R.O. 1992 § 400.275; RSMo. § 89.320; Ord. No. 2481-14 § 1, 1-7-2014]
There is hereby established within and for the City a Planning and Zoning Commission which shall consist of not more than fifteen (15) nor fewer than seven (7) members, including the Mayor, if the Mayor chooses to be a member; a member of the Board of Aldermen selected by the Board of Aldermen, if the Board of Aldermen chooses to have a member serve on the Commission; and not more than fifteen (15) nor fewer than five (5) citizens appointed by the Mayor and approved by the Board of Aldermen. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
Section 400.360 Amendments.
[R.O. 1992 § 400.280; CC 1984 § 42.420; Ord. No. 1748-99 § 1, 5-4-1999; Ord. No. 2051-05 § 1, 1-4-2005]
A.
Applications for amendment, revision or change of the Camdenton Zoning District Map may be made by any person, or his/her agent, who owns the land sought to be rezoned. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owner. Such application shall be made upon forms prescribed by the Commission and duly filed with the Commission.
B.
Applications for amendment, revision or change of any of the rules, regulations or provisions of the text of this Chapter, other than the Zoning District Map, may be made by any interested person on forms prescribed by the Commission and duly filed with the Commission.
C.
A fee of one hundred dollars ($100.00) shall accompany each application for an amendment to this Chapter and said sum shall be deposited in the General Revenue Fund and shall not be refundable.
D.
Immediately upon receipt of such application, the Commission shall note thereon the date of filing and make a permanent record thereof. All such applications shall be set down for hearing before the Commission not later than sixty (60) days from the date of filing the same. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Commission, be continued.
E.
At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City of Camdenton.
F.
Upon final hearing of such application, the Commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made in writing by the Commission to the Board of Aldermen.
G.
Before acting upon any application for amendment, the Board of Aldermen shall set a time and place of such hearing thereon, and at least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Camdenton.
H.
Recommendations for revision or amendment of this Chapter, including the Zoning District Map, may also be made by the Commission upon its own motion for final determination by the Board of Aldermen; likewise, the Board of Aldermen may revise, modify or amend this Chapter, including the Zoning District Map, upon its own motion; provided, however, such proposed changes shall first be submitted to the Commission for recommendations and report. In either case, final action thereon shall be taken only upon notice and hearing as provided herein.
I.
In case a protest against such revision or amendment is presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the district proposed to be changed, such revision or amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Board of Aldermen.
Section 400.370 Interruption And Conflict With Other Laws.
[R.O. 1992 § 400.290; CC 1984 § 42.430; RSMo. § 89.130]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or general welfare. Whenever this Chapter requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of building or less number of stories, or imposes higher standards than are required in any other Statute or local ordinance or regulations, the regulations of this Chapter shall govern. Wherever the provisions of any other ordinance or regulation requires a greater width or size of yards, courts, or other open spaces or requires a lower height of building or a less number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required by this Chapter, the provisions of such ordinance shall govern.