Applicability. This Section applies to petitions to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established or any other permit or request that requires a public hearing.

Petition Completeness. The Department of Planning (the Department) shall, within fifteen (15) calendar days of receipt of any petition for change of zoning or special procedure permit accompanied by the appropriate filing fees, notify in writing all parties of interest as named in the petition, including the project engineer, architect, and developer, as applicable, either that the petition is certified as meeting all pertinent submittal requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the Department does not respond in writing within fifteen (15) days, the petition may be deemed accepted and shall be scheduled for public hearing within the period established by the applicable provisions of this Article. If the petition has been determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within fifteen (15) days from receipt of the Department's letter. If the deficiencies are not corrected within the fifteen-day period, the Department shall return the petition to the petitioner.

Hearing Date. Upon filing with the Director of Planning a petition to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established, or upon initiation of a resolution of intention by the Planning Commission or the City Council, a public hearing shall be set before the Planning Commission within ninety (90) days.

Notice Provided. The applicant shall provide notice to all adjacent property owners of his/her request and the public hearing at least seven (7) calendar days prior to said public hearing. Upon scheduling of a public hearing for the same, the Department shall:

Penalty For Removal Or Replacement Of Signs. Any person or persons, firm, association, or corporation, who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a violation of this Unified Development Code (UDC) and, upon conviction, shall be punished as provided for in Article 08 of this UDC.

City Council Action. Whenever the public necessity, convenience, general welfare, and good zoning practice require, the City Council may, after a public hearing and report thereon by the Planning Commission and subject to the procedure provided in this Section, amend, supplement, or change the regulations, zoning district boundaries or classification of property now or hereafter established by this Article.

Simultaneous Public Hearings Allowed. The Planning Commission may hold a public hearing on a petition for a change of zoning to any zoning district, and a petition for a planned district or a special procedure at the same public hearing and on the same parcel of land, and make recommendations thereon.

Initiating An Amendment, Supplement, Reclassification Or Change. An amendment, supplement, reclassification or change may be initiated by the Planning Commission or the City Council, or by a verified application of one (1) or more of the owners or authorized representatives of the owners of property within the area proposed to be changed.

Denial And Reconsideration. If an application for the amendment, supplement, reclassification or change of any property is denied by the City Council, the matter may be reconsidered if any member of the City Council introduces a motion for reconsideration at either of the next two (2) regularly scheduled meetings after the denial, and said motion is passed by a majority of the entire City Council. If the matter is not reconsidered within said period, no subsequent application requesting the same classification of conditional use permit of, or with reference to, the same property or part thereof shall be filed with the Department within twelve (12) months from the date of the receipt and filing by the City Council of the Planning Commission's report on the application. If a bill granting or denying the application is not introduced in the City Council within ninety (90) days after a report thereon by the Planning Commission is received by the City Council at a regular meeting, it shall be deemed denied unless extended by resolution of the City Council during the ninety-day period.

Form Of Petition And Filing Fees. Petitions for any change of zoning district boundaries or any reclassification of districts, as shown on the Zoning District Maps, shall be addressed to the City Council and filed with the Director of Planning upon forms prescribed for that purpose by the Commission and accompanied by such data and information so as to assure the fullest practicable presentation of facts. At the time the petition is filed, the fees established by this UDC shall be paid to the City of Chesterfield.

Petition Verification Required. Each such petition, other than those initiated by the Planning Commission or the City Council, shall be verified by at least one (1) of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

Additional Petition Requirements. The Planning Commission may require perspectives and/or 3-D models, which may include other properties, for change of zoning petitions if:

Meetings With Adjacent Property Owners. The petitioner shall be required to meet or make a good faith and diligent attempt to meet with adjacent property owners at least seven (7) days prior to the public hearing concerning the petition. Verification of the above shall be provided to the Department prior to the public hearing.

"Inactive status" is defined as the period that is more than six (6) months after the public hearing and is no longer progressing forward as set out above. Once a petition is in the inactive status it may not proceed forward unless it complies with all of the following:

An inactive petition shall remain inactive until it complies with the provisions above or until such time as the Planning Commission or City Council directs that the petition be considered for withdrawal or review. Inactive status of a petition is not considered a withdrawal under Section 405.02.030(H) of this Article.

Before the time that a petition is deemed inactive, the petitioner may request an extension of the time limitations from the Planning Commission. If the petitioner does not request an extension, then he/she must comply with Section 405.02.030(I)(1) of this Article.

Said petition shall be managed by the Department as if it were an initial review. If the petition is reviewed by the Planning Commission or City Council at their request, then the petition will be reviewed based upon the status of the submittal at the date it became inactive.

Planned districts are as follows:

Special procedures are as follows:

Application. The owner or owners of record, or owners under contract of a lot or tract of land, or their authorized representatives, shall petition the City Council on forms prescribed for this purpose by the Planning Commission. These forms are to be submitted to the Department and accompanied by the following:

Public Hearing. A public hearing on the petition shall be held by the Planning Commission in accordance with Section 405.02.020 of this Article.

Planning Commission Review And Recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. The recommendation shall address the proposed development and its relation to all applicable Sections of this UDC, the City of Chesterfield Comprehensive Plan, and compatibility with adjoining permitted developments and uses. A recommendation of approval or approval as amended shall include recommended conditions to be included in the ordinance, preliminary development plan, or permit authorizing the establishment of the planned district or special procedure.

Conditional Use Permit (CUP) Performance Standards. All uses established by a CUP shall operate in accord with the appropriate performance standards contained in Section 405.04.130, Zoning Performance Standard Regulations, of this UDC. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by the CUP.

Residential Business Use (RBU) Recommendations Subject To Conditions. When approval has been recommended subject to conditions and the conditions would cause substantial change in the site plan presented at public hearing, the Planning Commission shall withhold forwarding a recommendation to the City Council pending receipt of a revised plan from the petitioner reflecting compliance with the conditions.

City Council Action. Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve as amended or deny the request for a planned district or special procedure by approving an ordinance or approval authorizing the development or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a site development plan, site development concept plan, or site development section plan.

City Council Action For A Conditional Use Permit (CUP).

Appeal Or Protest Of A Planned District Or Special Procedure.

In order to amend the provisions of any planned district ordinance or special procedure approval, including the permitted uses, the procedure shall be as follows:

To amend any recorded site development (section or concept) plan approved for a planned district, see Section 405.02.100 of this Article.

Unless otherwise provided for in the conditions of the ordinance governing a particular planned district or special procedure approval, no permits authorizing the occupancy or use of a building, facility, planned district or special procedure establishment, or service concern may be issued until required related off-site improvements are constructed or a deposit, performance bond, irrevocable letter of credit, or other acceptable instrument is posted covering their estimated cost as determined by the Department.

This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements.

Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, streetlights, and street trees.

If any planned district or special procedure is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.

In developments where common open areas, which may include open spaces, recreational areas, or other common grounds, are provided and the acreage of which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. In addition, the trust indenture shall contain the following provisions:

The property owner or user shall submit to the City of Chesterfield a development plan. The plan shall be approved if it demonstrates that its implementation will not increase the flooding problems of other properties. With respect to any stream for which a floodway has not been designated, the flooding problems of other properties will be deemed increased if implementation of the plan would decrease the water storage or conveyance capacity of the stream.

The plan shall include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan to avoid flooding problems of other properties and such other hydrologic problems as may result from the improvements. Where the plan only delineates the floodplain elevation on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.

The City of Chesterfield may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan.

The property is placed in such conditions as to effectively and without increasing the flooding problems of other properties, remove the property from flooding based on the flood elevation study approved by the United States Federal Emergency Management Agency (FEMA) and used as basic data for determining the boundaries of the Flood Hazard Boundary Map, being the FP Floodplain District as governed by this Section. Effective removal of the property from flooding requires provision of adequate freeboard as determined by the City of Chesterfield in light of the reasonably anticipated ultimate development of the watershed. If the standards required by this Subsection are satisfactorily met in respect to any lot or tract of land in the FP Floodplain District, the property may then be used for such uses and under such regulations as are contained in the district regulations of the district designated after the FP code designation as the underlying district for the particular property.

The approval by the City of Chesterfield of such plans for flood protection does not constitute a representation, guarantee, or warranty of any kind by the City of Chesterfield or by any officer or employee of either as to the practicality or safety of any protective measure and shall create no liability upon or cause of action against such public body, officers, or employees for any damage that may result pursuant thereto.

Approval of the plan by the City of Chesterfield does not relieve an owner or user from fulfilling the requirements set forth in Article 05 of this UDC and any other City ordinance regarding construction or development within the floodplain.

The City Council shall, after such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one (1) or more of the following criteria:

Any structure, property, or area that meets one (1) or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.

An application for a certificate of appropriateness must be made prior to applying for a demolition permit or a building permit affecting the exterior architectural appearance of any landmark or any structure within an historic designation, including, but not limited to, the following:

Applications for a certificate of appropriateness shall include accompanying plans and specifications affecting the exterior architectural appearance of a designated landmark or a property within a designated historic designation, and applications for building and demolition permits shall include plans and specifications for the contemplated use of the property. The Department shall forward applications for building and demolition permits to the Architecture Review Board (ARB). A building or demolition permit shall not be issued until a certificate of appropriateness has been issued.

The WH District is established as an overlay district. An overlay district is a special procedure which addresses circumstances or environmental safeguards and is superimposed over the underlying existing zoning district.

Properties required to zone to the WH Overlay District per Section 405.03.050 of this UDC must zone to one of the estate district zoning classifications found in Article 03 of this UDC concurrently.

All properties in utilizing the WH Overlay District shall follow the procedures set forth for establishment of special procedures or amendments thereto in Section 405.02.040 of this Article of the UDC.

Development requirements are established by the underlying zoning district, the WH Overlay District, and the preliminary development plan.

Approval of development plans or amendments thereto shall be in accordance with Section 405.02.100 of this UDC.

As set forth in the purpose and intent of this Section, all properties in the Wild Horse Creek Road Sub Area Study shall be required to utilize planned districts to develop under this district.

The governing ordinance for each developed property shall contain a specific section addressing adherence to the specific criteria set forth in this UDC.

Separate vote will be required for adherence to this UDC and underlying zoning district requirements.

Prior to the issuance of a building permit for any development subject to the regulations contained in this Section, the Department shall require the applicant to submit for review:

The Department of Parks shall review the plans and, within ten (10) days, forward its recommendations to the Department for its comments and recommendations.

The Planning Commission shall review the plans, comments, and recommendations of the Department. If the Commission finds that the nature, construction or design of the proposed development will be harmful to the beneficial use of the park by the public, it shall reject the plans. The rejection shall be in writing, shall indicate the reasons therefor, and shall specify modifications necessary and sufficient to protect the nature and use of the park.

The determination of the Planning Commission may be appealed within fifteen (15) days by the developer, or any aggrieved party, upon filing of a notice of appeal and payment of an appeal fee of fifty dollars ($50.00). Such notice of appeal shall be directed to the City Council and referred to an appropriate committee, which may hold a public hearing on the appeal in the same manner and in accordance with the same procedure as is required for an appeal from a change of zoning. The Council may reverse, affirm or modify the determination of the Planning Commission.

The requirements of this Section are in addition to the building code, subdivision criteria, other provisions of this UDC and any other applicable law. Review of development under this Section shall be coordinated, insofar as possible, with review of plans under other provisions of this UDC and the subdivision criteria, under the direction of the Director of Planning. The Department shall authorize the requested building permits, if:

Developments conditioned by planned district or special procedure approval.

Single-family residential detached dwellings, including associated garages.

Non-residential buildings less than one thousand (1,000) square feet in gross floor area.

Additions to existing non-residential buildings when the addition is less than ten percent (10%) of the existing building's gross floor area, the addition does not exceed five thousand (5,000) square feet, no new curb cuts are required, and where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Director of Planning.

Enclosed stairwells.

Canopies constructed over existing walkways, loading docks or pump islands, where new construction does not reduce existing parking or significantly modify existing on-site circulation, as determined by the Director of Planning.

Site plans shall be reviewed and approved by the City of Chesterfield and the Department in accord with the following:

The Department shall review and approve the plans for conceptual compliance with the various codes and ordinances relating to sanitary sewer laterals and other applicable requirements of the Building and Plumbing Codes.

Prior to site plan approval, provide a geotechnical report, prepared by a registered professional engineer licensed to practice in the State of Missouri, as directed by the Director of Planning. The report shall verify the suitability of grading and proposed improvements with soil and geologic conditions and address the existence of any potential sinkhole, ponds, dams, septic fields, etc., and recommendations for treatment. A statement of compliance, signed and sealed by the geotechnical engineer preparing the report, shall be included on all site plans and improvement plans.

For all procedures (including site plan review), where the City Council does not have final review authority, the City Council or the Mayor shall have the power of review as provided in Section 405.02.200 of this Article.

For a site plan to be accepted for review, the following information shall be either placed on the site plan or on a separate sheet accompanying the plan:

Additional information to be placed on the site plan beyond the requirements listed above may be requested based on a joint review of the plans by authorized departmental representatives of the City of Chesterfield.

After passage by the City Council of an ordinance authorizing the establishment of a planned district or a special procedure and requiring submission of a site development plan or site development concept plan, such plans shall be submitted in accord with the provisions of the site's governing planned district or special procedure and all provisions of this Article. No building permits or authorization for improvement or development for any use requested under provisions of this UDC shall be issued prior to approval of such plans.

Plans shall be submitted to the Planning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the planned district or approval of the special procedure, and further, shall comply with provisions of the subdivision requirements in Section 405.02.110 of this Article and all other applicable City codes.

Prior to site development plan approval, provide a geotechnical report, prepared by a registered professional engineer licensed to practice in the State of Missouri, as directed by the Director of Planning. The report shall verify the suitability of grading and proposed improvements with soil and geologic conditions and address the existence of any potential sinkhole, ponds, dams, septic fields, etc., and recommendations for treatment. A statement of compliance, signed and sealed by the geotechnical engineer preparing the report, shall be included on all site development plans and improvement plans.

At a minimum, all site development plans and site development section plans shall provide all required information as detailed in the site plan contents, Section 405.02.090(C) of this Article.

Within sixty (60) days of approval, the site development plan or site development concept plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon, with a copy to be filed with the City of Chesterfield.

In the case of single-lot/multiple-building developments or multiple-lot developments where a site development concept plan is required, site development section plans shall be submitted to the Department for review and approval per individual building, lot, phase, or plat representing a portion of the site development concept plan. The approved plans shall be kept on file with the Department.

The property owner or authorized representative shall submit an amended site development (or concept) plan to the Department for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, and the preliminary development plan approved by the City Council.

If the Department determines that the proposed amendment to the site development (or concept) plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan, and meets all conditions of the planned district ordinance or special procedure approval, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval, with a copy to be filed with the City of Chesterfield.

If the Department determines that the proposed amendment to the site development (or concept) plan is minor in nature and is not in conflict with the original proposal advertised and the preliminary development plan, and meets all conditions of the planned district ordinance or special procedure approval, the Department may approve said amended plan. Said plan shall be retained on file by the Department.

If the Department determines that the proposed amendment to the site development (or concept) plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed site development (or concept) plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 405.02.030, Procedure For Amending Zoning District Boundaries Or Classifications Of Property.

All amendments to site development (or concept) plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning Commission approval, with a copy to be filed with the City of Chesterfield.

The Planning Commission may approve partial amended site development plans, site development concept plans, and site development section plans for developments approved prior to enactment of this UDC even though the conditions of the ordinance governing such planned district or special procedure do not permit the review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval, with a copy to be filed with the City of Chesterfield.

If the Department determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the planned district ordinance or special procedure approval, the Department may approve said amended plan. Said plan shall be retained on file by the Department.

If the Department determines that the proposed amendment to the site development section plan is not consistent in purpose and content with the approved site development concept plan, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed amended site development section plan and make a final determination.

Sketch Plan Contents. Prior to submitting a preliminary plat for the subdivision of land within the City of Chesterfield, a developer may submit to the Department a sketch plan for the tract which shall include the following information, all of which may be based on sources of information other than field survey data:

Department Review And Report. The Department shall review and evaluate the sketch plan as soon as practicable and shall report to the developer its opinion as to the merits and feasibility of the improvements contemplated by the sketch plan.

In the event a developer elects not to submit a sketch plan, all information contained thereon shall be submitted on or with the preliminary plat.

Preliminary Plat Contents. The developer shall prepare and submit to the Department such number of copies of a preliminary plat of the tract as shall be required. Such preliminary plat shall be submitted after receipt of the Department's report on the sketch plan, if a sketch plan was submitted. The preliminary plat shall be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals two hundred (200) feet, so long as the scale is an increment of ten (10) feet and shall contain the following information:

Parcels Within A Floodplain. Development of parcels within the floodplain shall require approval of a floodplain study in accord with The FP Floodplain Overlay District in Article 03 of this UDC.

Special Procedures Developments. In the case of any subdivision developed under any special procedures in the UDC, which require the submission of development plans to the Department or the Director of Planning for review or approval, a concept plan required by the UDC shall include all information required on a sketch plan, and may be used therefor. A development section plan required by the UDC shall comply with all requirements of this Article for a preliminary plat and may be used therefor.

Department Review. The Department shall review the preliminary plat with regard to requirements described in this Article as soon as practicable and:

Applicability And Exceptions. The record plat shall substantially conform to the preliminary plat. A record plat shall delineate all developed lots created by the plat except as follows. If a record plat does not include all property in an approved preliminary plat, or all remaining property where previous record plats of a portion of the subdivision have been recorded:

Multiple-Family Subdivision Record Plats.

Record Plat Procedure.

Time Period For Filing. The record plat shall be filed with the Recorder of Deeds within sixty (60) days after approval by the City Council. If any record plat is not filed within this period, the approval shall expire.

Scale And Size. The record plat shall be prepared by a registered land surveyor, at any scale from one (1) inch equals twenty (20) feet to one (1) inch equals one hundred (100) feet in any increments of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six (36) inches by forty-two (42) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the Department may permit a variation in the scale or size of the record plat. If more than one (1) sheet is required, a key map on Sheet No. 1 showing the entire subdivision at reduced scale shall be provided if required by the Department.

Execution. The record plat shall be executed by the owner and lienors.

Record Plat Contents. The record plat shall show and be accompanied by the following information:

Additional Record Plat Contents If Applicable. Prior to the Department forwarding the record plat to City Council, the developer shall provide the Department with the following documents as they may be applicable:

A subdivision shall be considered a minor subdivision if the division or redivision of land does not establish more than four (4) lots wherein all the following criteria are met:

Procedures.

Purpose. To provide a procedure whereby the construction of a display house or multiple-family display unit can begin prior to the recording of the record subdivision plat.

Procedure. After receiving approval of a preliminary plat of a proposed subdivision from the Department, the developer may submit a display plat to the Department for review and approval. There may be two (2) display houses or units for subdivisions proposing fewer than ten (10) lots or units. Developments containing at least ten (10) lots or units and not more than sixty (60) lots or units proposed shall be allowed three (3) display houses. For developments containing more than sixty (60) lots or units, one (1) additional display house or unit for every twenty (20) houses or units proposed beyond sixty (60) will be permitted, not to exceed ten (10) display houses or units.

Display Plat. The display plat shall include a complete outboundary survey of the proposed subdivisions, and the location of each display in relation to proposed lots. The script shall comply with the requirements of the Department, including, but not limited to, the following:

The display plat shall be executed by the owner and lienors.

The display plat shall show the location and number of off-street parking spaces. Once the display homes are sold, the developer shall tear down the display parking located on the remaining lot within thirty (30) days or as directed by the City of Chesterfield.

No lot split shall be recorded in the office of the Recorder of Deeds unless and until approved by the City of Chesterfield in compliance with this Article.

Whenever there is a tract or previously subdivided parcel under single ownership which is to be resubdivided into two (2) lots, and which exists as a legal lot of record, such a division shall be exempt from provisions of Section 405.02.110(B) of this Article, and shall be designated as a "lot split" if the following criteria are met:

The procedure for approval of a lot split shall be as follows:

Purpose. The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites; however, it is not intended that extensive replatting be accomplished by use of this Section.

Boundary adjustments must meet the following criteria:

Procedure.

Lots In Non-Compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage, and dimensional requirements of this Article, provided that the resulting adjustment of lot lines does not increase the degree of non-compliance with this Article.

In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), private streets, streetlighting, drainage facilities, such as detention basins and drainage pipe and ditches, or any other improvement that requires continuous maintenance, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this UDC. For single-lot developments and developments with no common ground, the Department may accept script certifying the means of maintenance on the record plat. Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that the common land be used for the benefit, use, and enjoyment of the lot owners present and future and shall be the maintenance responsibility of the trustees of the subdivision and that no lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot.

Any trust indenture required to be recorded, or recorded for the purpose of compliance with provisions of this UDC, shall provide for not less than the following representation of purchasers of developed lots among the trustees; one-third (1/3) of the trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after ninety-five percent (95%) of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.

Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the City Council may, upon the petition of any concerned resident or property owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his/her services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision, and which shall not be subject to any limitation on special assessments contained in the trust indenture or elsewhere.

A trust indenture shall be required for a large lot subdivision only in the event that common land is contained within the subdivision.

Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indenture. The deeds and indenture shall be approved by the Department and the City Attorney prior to being filed with the Recorder of Deeds of St. Louis County simultaneously with the recording of the record plat, with a copy to be filed with the City of Chesterfield.

Term of indentures for all types of subdivisions, including planned districts and special procedures, shall be for the duration of the subdivision. In the event the subdivision is vacated, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with it ownership in the common land, and no interest in the common land shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.

Petition. Whenever any person may desire to vacate any subdivision or part thereof in which he/she shall be the legal owner of all of the lots or may desire to vacate any lot, such person or corporation may petition the City Council giving a distinct description of the property to be vacated and the names of the persons to be affected thereby.

Filing Fee And Notice. The petition shall be filed together with a filing fee in the sum of two hundred dollars ($200.00) with the Department who shall review and provide comment for said request. Upon completion of review, the Department shall give notice of the pendency of the petition in a public newspaper in the same manner as set forth in Section 405.02.020 of this Article.

City Council Action. If no opposition be made to the petition, the City Council may vacate the same with such restrictions as it may deem for the public good. If opposition be made, the petition shall be set down for public hearing before the City Council.

Initiation Of Vacation By Director Of Planning. If the developer fails to cure all non-compliance with improvement requirements, the Director of Planning may initiate proceedings to vacate the undeveloped portion of the subdivision. For the purpose of this Section, the undeveloped portion of the subdivision does not include lots which have been sold or are under bona fide contract for sale to any person for personal use or occupancy.

No property description of any subdivision within the jurisdiction of this UDC shall be entitled to be recorded in the St. Louis County Office of the Recorder of Deeds or have any validity until it has been approved in a manner prescribed herein. In the event any such unapproved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid.

Any person, firm, association, or corporation violating any provisions of this Article, or any employee, assistant, agent, or any other person participating or taking any part in, joining, or aiding in, a violation of any provision of this Article will be subject to the fines and penalties of Section 405.08.040 of this UDC.

In addition to the penalties hereinabove authorized and established, the City Attorney may take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of this Article.

Applicability. No improvement plans are required for large-lot subdivisions, unless the streets therein are proposed by the developer for dedication to the City of Chesterfield. Any alterations of the common land or improvement within the common land will require the submission of detailed improvement plans and will be considered a required improvement.

Non-Residential Subdivision. The non-residential developer may submit improvement plans after the preliminary plat is approved on part of the non-residential subdivision only, and the review of the partial improvement plans shall be as though they were being submitted in their entirety for the complete subdivision, so that the non-residential developer may proceed with the construction and installation of the necessary improvement to a specific industrial site. The land subdivision bond or escrow agreement guaranteeing the installation of the improvements as set forth in Section 405.02.120 of this Article shall cover only that portion of the subdivision improvements required to serve the specific industrial site, and the record plat for such an industrial site shall be approved by the Department in accordance with the terms set forth in Section 405.02.120 of this Article as though improvement plans submitted covered the entire installation of the applicable improvements.

Improvement Plan Contents.

Improvement Plan Procedures. The procedure for reviewing improvement plans shall be as follows:

Time Period For Approval Validity. Approval of the improvement plans by the respective agencies described above shall be valid for a period of two (2) years from the date of approval, or for such longer period as the Director of Planning may determine to be advisable if after review by the Department such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements. If the construction of the improvements shall not have been completed within the two-year period or such longer period as the Director of Planning may permit, a resubmission of the improvement plans to the appropriate agencies may be required by the Department.

As-Built Drawing Of Subdivision Improvements. After the sanitary sewers, storm sewers, sidewalks, and pavement have been constructed and installed, but before the inspecting agencies recommend final approval or acceptance, the developer shall submit the required number of as-built drawings of the above improvements.

Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate inspection agency; or

Deposit cash under an escrow agreement or post a land subdivision bond or provide the appropriate surety as set forth in this UDC to guarantee the construction, completion, and installation of the improvements shown on the approved improvement plans within the improvement completion period approved by the Director of Planning, which shall not exceed two (2) years. The land subdivision bond or escrow agreement or other required surety shall be prepared and executed on forms furnished by the Department and shall be submitted to the City Council for approval or disapproval after review and approval by the Director of Planning and the City Attorney.

For plats approved after the effective date of this UDC, no guarantee or deposit is required with the City for sanitary and storm sewers within the jurisdiction of MSD if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow or renewal, extension or replacement thereof.

The Director of Planning may require any specific improvement to be installed prior to approval of the record plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.

Following approval of the guarantee or deposit, the Director of Planning shall administer the guarantee in accordance with Section 89.410, RSMo., and City Code, including replacement of such agreements and guarantees.

The City shall not permit or accept the posting of any bond issued or proposed to be issued by a surety or an affiliate of a surety which has, in the preceding ten (10) years, refused to pay upon formal demand all or part of a claim of the City on any other surety bond. Any individual, corporation or property owner aggrieved by this Section may appeal to the City Council to request the City to accept the posting of such bond. The City Council may consider whether the refusal to pay resulted in litigation, mediation or arbitration of the claim, whether the claim was wholly or partially determined in favor of the City, whether the prior refusal to pay was settled between the City and surety or any other hardship evidence presented by the individual, corporation or property owner. In no instance shall a bond be accepted from a surety while in litigation, mediation or arbitration with the City

The City shall not accept the posting of any bond issued or proposed by any surety or an affiliate who has refused to pay upon formal demand of the City or been involved in any litigation pertaining to said failure to pay within the past ten (10) years as of the effective date of this Section of the UDC.

Deposit Agreements. Deposit agreements shall provide that there shall be deposited with the City of Chesterfield a cash amount by escrow or surety not less than the Department estimate of the cost of the construction, completion, certifications and installation of the required improvements indicated on approved improvement plans.

Cash deposited with the City Director of Finance to be held in an interest bearing account dedicated for that purpose, with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits.

An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney and the Director of Planning. The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall be with a local banking institution in the Greater St. Louis Metropolitan Area of Missouri and not Illinois. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the Director of Planning (the Director) or their designee. The letter of credit shall be irrevocable for at least two (2) years and shall state that any balance remaining at the expiration, if not renewed, shall automatically be deposited in cash with the Director of Finance, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City with submission of a letter of credit and one hundred dollars ($100.00) for any amendment or extension thereto to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.

Certificates of deposit, treasury bill, or other readily negotiable instruments, the type of which has been approved by the Department, endorsed to the City and the cash value of which shall be in an amount not less than the amount specified by the Department in its estimate of the cost of the improvements and/or maintenance as reflected by the approved improvements plan.

Construction Deposit. The deposit required of a developer establishing a deposit agreement pursuant to this Section shall be, in addition to the separate maintenance deposit sum, in the amount of one hundred ten percent (110%) of the Department estimate of the cost of the construction, completion and installation of the required improvements. The Director of Planning shall adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements.

Maintenance Deposit. The deposit required of a developer pursuant to this Section for maintenance obligations shall be in the amount of ten percent (10%) of the Department estimate of the cost of the construction, completion and installation of all required improvements. The maintenance deposit shall be established by cash sum or submission of a separate letter of credit.

Where certain improvements are installed and approved by the City prior to approval of the record plat pursuant to Subsection (A)(1), the gross amount for the construction deposits shall be reduced by the estimated cost of such improvements.

Other Sureties As Established In This UDC. The deposit required of a developer for any and all other required sureties pursuant to this Section shall be as set forth in the applicable Section of this UDC.

Releases — General. The Director shall release the cash or release the letter of credit as to all or any part of its obligation only after construction, completion and installation of some phase of work on the improvements indicated on the approved improvement plans, receipt of requisite written notification from the appropriate inspecting public authority, and approval by the Department; and only in the amounts permitted herein.

Extension Of Completion Period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the Director may grant an extension to the improvement completion period for a period of up to one (1) year if after review by the Department such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other required improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; provided, that the Director may require as a condition of the extension completion of certain items, execution of a new agreement, recalculation of deposit amounts, satisfaction of new code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of Section 405.02.120 of this Article.

Construction Deposit Releases. After an inspection of any specific improvements, the Director may at their discretion release no more than ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the Director after completion of any component of the guaranteed improvements (i.e., less than all of the improvements in a given category), the remaining amount held for any category of improvements for the entire subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion of all improvements for the subdivision. The Director shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components, and line items shall in no way modify or reduce the developer's guarantee as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item. All improvements in a category shall be deemed complete only when:

Releases Of Other Sureties As Established In This UDC. The release procedure for any and all other sureties required of a developer pursuant to this Section shall be as set forth in the applicable Section of this UDC.

Effect Of Release — Continuing Obligations. The developer shall continue to be responsible for defects, deficiencies and damage to streets and other required improvements during development of the subdivision. No inspection approval or release of funds from the construction deposit as to any component or category shall be deemed to be City approval of improvement or otherwise release the developer of its obligation relating to the completion of the improvements until the final subdivision release on all improvements and maintenance is issued declaring that all improvements have in fact been constructed as required. Inspection and approval of any or all required improvements shall not constitute acceptance of the improvement by the City as a public improvement for which the City shall bear any responsibility.

Deficient Improvements. No approval of required improvements shall be granted for improvements that fail to meet the specifications established herein or otherwise adopted by the Department or City Council.

Final Construction Deposit Release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit shall be released; provided, that no such funds shall be released on a final inspection until the development of the subdivision is complete, as determined by the Director. Completion is when the particular item has had all documentation and certification filed in a complete and acceptable form, the specific items have been inspected, all identified deficiencies have been corrected and the work has been approved by the City.

Appeals. If the developer believes that a release or certificate of completion has been improperly denied, including, but not limited to, under this Section, an appeal shall be filed pursuant to the Board of Adjustment, and no such denial shall be deemed final until such appeal procedure has been exhausted.

Scope And Duration. Upon commencement of installation of the required improvements within the subject subdivision, the developer shall be responsible for the maintenance of the improvements, including, but not limited to, undeveloped lots, streets, sidewalks, trees, common areas, erosion and siltation control, and storm and drainage facilities, until expiration of twelve (12) months after occupancy permits have been issued on eighty percent (80%) of all of the lots in the subdivision plat(s), or twelve (12) months after completion of the subdivision and acceptance/approval of all required improvements by the City, whichever is longer, subject to the deposit agreement. Maintenance shall include repair or replacement of all defects, deficiencies and damage to the improvements that may exist or arise, abatement of nuisances caused by such improvements, removal of mud and debris from construction, erosion control, grass cutting, removal of construction materials (except materials to be used for construction on the lot or as permitted by site plan), and snow removal. All repairs and replacement shall comply with City specifications and standards. Any maintenance on improvements accepted by the City for public dedication shall be completed under the supervision of and with the prior written approval of the Director. The maintenance obligation for required improvements to existing public roads or other existing public infrastructure already maintained by a public governmental entity shall terminate on and after the date such improvements have been inspected, deposit released, and accepted by the City or appropriate agency for dedication. Irrespective of other continuing obligations, the developer's snow removal obligations shall terminate on the date a street is accepted by the City for public maintenance. The maintenance requirements and procedures for improvements guaranteed by any and all other sureties required of a developer pursuant to this Section shall be as set forth in this UDC.

Maintenance Deposit — Amount — Use.

Final Maintenance Deposit Release. Upon expiration of the maintenance obligations established herein, the Director shall cause a final inspection to be made of the required improvements. Funds shall then be released if there are no defects or deficiencies found and all other obligations, including payment of all sums due, are shown to be satisfied on inspection thereof, or at such time thereafter as any defects or deficiencies are cured with the permission of, and within the time allowed by, the Director. This release shall in no way be construed to indemnify or release any person from any civil liability that may exist for defects or damages caused by any construction, improvement or development for which any deposit has been released.

The obligation of the developer to construct, complete, install and maintain the improvements indicated on the approved improvement plans and provide for street maintenance shall not cease until the developer shall be finally released by the Director, nor shall any deposit agreements or obligations hereunder be assignable by developer. If, after the initial improvement completion period, or after a later period as extended pursuant to this Section, the improvements indicated on the approved improvement plans are not constructed, completed, installed, accepted and maintained as required, or if the developer shall violate any provision of the deposit agreement, the Director may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision during any period in which the developer is in violation of the deposit agreement or subdivision code relating to the subdivision. If the developer fails to cure any default or present compelling reason why no default should be declared, the Director shall declare the developer in default and may take any one (1) or more of the following acts:

The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), including the payment of funds to the City due to such failure, or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, or extension granted by the City. No right to any extension shall exist or be assumed.

Suspend the right of anyone to build or construct in the subdivision by issuance of a stop-work order (SWO). Issuance of a SWO shall result in a suspension of all construction activity on the site, until the cause is resolved to the City's satisfaction. The SWO shall also suspend the right of the permittee, applicant, owner, contractor, developer or any related entity to build or construct any structure or public improvement on any portion of the site. The Director of Public Works and the Director of Planning, upon the issuance of a SWO, are authorized to suspend the issuance of building permits and occupancy permits for structures on any portion of the site, and to suspend all inspections and plan review related to any work on the site, until such time as the cause is resolved to the City's satisfaction. SWOs shall specifically state the provisions of this Article being violated. Any person who shall continue any work in or about the site after a SWO has been posted, except such work related to remediation of the violation, shall be subject to penalties specified in this UDC. The Director shall give the developer ten (10) days' written notice of an order under this Subsection, with copies to all known sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the Director is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Director shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer/holder of the surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the Director at the subdivision. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director:

THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF CHESTERFIELD DIRECTOR OF PLANNING. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF CHESTERFIELD DIRECTOR OF PLANNING REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO ARTICLE II OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF CHESTERFIELD.

The Director of Public Works and the Director of Planning shall not thereafter authorize construction to take place contrary to the Director's order. The suspension shall be rescinded in whole or in part only when the Director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided; or

Suspend the rights of the developer, or any related entity, to construct structures in any development platted after the effective date of such suspension throughout the City of Chesterfield. The Director shall give the developer ten (10) days' written notice of an order under this clause, with a copy to sureties known to the Director to have obligations outstanding on behalf of the developer or related entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the Director is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Director shall order construction suspended. The order shall be served upon the developer, with a copy to the surety as appropriate, and a copy recorded with the Recorder of Deeds. The Director of Public Works and the Director of Planning shall not thereafter authorize construction to take place contrary to the Director's order. The suspension shall be rescinded only when the Director is convinced that completion of the improvements is adequately assured and public street maintenance is assured.

The Director shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (H) of this Section; and

The rights of the developer, or any related entity, to receive development approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development in the City, shall be suspended. The suspension shall be rescinded only when the Director is convinced that completion and maintenance of the improvements is adequately assured.

If either has a principal or controlling interest in the other; or

If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other. The identification of related entities shall be supported by documentation from the Secretary of State's Office, Jefferson City, Missouri.

It shall be unlawful for any seller or landlord to contract for the sale, lease or rental of any residential property and it shall be unlawful for any real estate broker to procure a contract for the sale, lease, or rental of any residential real property without first having disclosed to the prospective buyer or tenant the availability of an information resource with respect to the future land use of a nearby real estate as contemplated by the Comprehensive Plan of the City of Chesterfield and with respect to the Spirit of St. Louis Noise Impact Zone. The disclosure shall be in substantially the same format as is incorporated herein.

A generic version of this disclosure, one pertaining to all municipalities and/or unincorporated areas, will suffice in lieu of this disclosure so long as it contains the essential elements regarding future land use of nearby real property and noise impact zone(s).

Disclosure language as set out in Section 405.02.150(A)(5) of this Article shall be required for every contract for sale, lease or rental of any residential dwelling unit within the City of Chesterfield. Said disclosure shall be contained on a separate sheet of paper at least eight and one-half (8 1/2) inches by eleven (11) inches in size and shall require signature acknowledgement by the prospective purchaser(s) or renter(s) which shall be kept on file by the seller or lessor for five (5) years. If a real estate broker is involved in the transaction, then the real estate broker shall maintain said disclosure in his/her files for a period of not less than five (5) years.

In new subdivisions where the developer(s) maintain an active sales office, or in developments where there is an active sales office for sales in that development of any kind, there shall be a sign of at least eighteen (18) inches by twenty-four (24) inches prominently displayed inside the sales office. The sign shall use readily legible type and be located adjacent to or attached to any map or plat used for marketing purposes in said subdivision.

The disclosure statements required by this Section of the UDC shall, at a minimum, contain the language set out in this Section. The use of language, which is contained herein, shall satisfy the requirements of this Section of this UDC. The disclosure shall read as follows:

In addition to the disclosure statement prospective buyers or renters shall be furnished a copy of the Chesterfield Conceptual Land Use Map showing the area within one (1) mile of the property for sale or rent and a copy of the Spirit of St. Louis Airport Noise Impact Maps to satisfy the requirements of this Section.

The violation of this Section of the UDC shall be punishable as provided for in Article 08 of this UDC.

Teardowns and additions shall adhere to the development standards of the City of Chesterfield UDC as well as any other element of the UDC that shall be deemed applicable.

The following items are required with the submittal for all tear downs and new construction and/or additions:

Any addition larger than one thousand (1,000) square feet and where the proposed addition increases the gross livable floor space by more than thirty percent (30%) shall be reviewed for approval by the City of Chesterfield Planning Commission.

Unless excepted by these regulations or the City of Chesterfield Building Code, no sign shall be erected, constructed, posted, altered, enlarged, maintained, or relocated, until a zoning authorization has been issued by the Department and a sign permit issued by St. Louis County Department of Public Works. Before any zoning authorization is issued, an application, provided by the Department, shall be filed, together with drawings and specifications as may be necessary to fully advise and acquaint the Department and St. Louis County Department of Public Works with the location, construction, materials, manner of illuminating, and securing or fastening, and the wording or delineation to be carried on the sign. All signs that are to be illuminated by one (1) or more sources of artificial light shall require a separate electrical permit and inspection conducted by the St. Louis County Department of Public Works.

Structural and safety features and electrical systems shall be in accordance with the requirements of the City of Chesterfield Building Code or any applicable building codes being enforced by the City of Chesterfield. No sign shall be approved for use unless it has been inspected by the Department issuing the permit and is found to be in compliance with all the requirements of this UDC and applicable technical codes. Signs found to be in violation of the requirements of this UDC and/or applicable technical codes and which are determined to be a danger to public health, and safety may, after fifteen (15) days of an inspection determining said violation and after notification to the property owner, be dismantled and removed by the City of Chesterfield. The expense for such action shall be charged to the owner of the property on which the sign is erected and shall be filed as a special lien thereon.

The underlying business, directional, or informational purpose of such a sign.

Why such a sign should exceed the maximum height and/or outline area specification for a particular sign in order to accomplish the underlying purpose as stated in Subsection (B)(1) above.

What the proponent of such a sign believes the adverse impact may be upon the underlying business, directional, or informational purpose of such a sign if the proponent is compelled to reduce the height and/or outline area of such a sign to within the maximum height and/or outline area specification for any one (1) sign and the factual basis supporting such belief.

The approximate distance the proposed sign will be from other existing or planned structures visible or planned to be visible within a radius of one thousand (1,000) feet from said sign, identifying such structures with sufficient particularity to enable the Planning Commission to determine whether there is a reasonable likelihood of an adverse public health, convenience, welfare and/or safety impact within the one-thousand-foot radius area while maintaining the high aesthetic quality of said area.

What steps, if any, the proponent has taken to integrate the design with the surrounding environment, including, but not limited to, use of colors and materials, size and character of typeface(s), regularity of overall shape, type of illumination, orientation and situation of such a sign in order to minimize the amount of visual clutter, and to avoid the distraction to pedestrians and motorists beyond that necessary to convey the underlying business, information, or directional purpose of said sign.

If no steps [referred in Subsection (B)(5), above] have been taken, why such steps should not be required of the proponent.

Any other information, such as length of frontage, special speed limit or topographic considerations, that the proponent deems pertinent to the approval of such a sign request.

General Provisions.

Duration Of Variance. A decision of the Board granting a variance that permits the erection or alteration of a building shall be valid for a period of six (6) months, unless a building permit for such erection or alteration is obtained within this period and the erection or alteration is started and proceeds to completion in accordance with the terms of the decision.

Variances.

Appeal Procedures.

Scope Of Provisions. This Section contains the regulations governing the filing and review of an appeal or protest from a Planning Commission decision or recommendation regarding a change of zoning or special procedure authorized under Section 405.02.040 of this Article.

Statement Of Intent. The purpose of this Section is to provide a formal method by which a petitioner may request further consideration by the City Council of a Planning Commission denial or recommendation of denial of a change of zoning or certain special procedures as specified herein; and to provide a formal method by which the owners of property located within a specified proximity to a petitioned tract of land may present to the City Council a petition and statement of their opposition to a Planning Commission decision or recommendation of approval of a change of zoning or certain special procedures as specified herein.

Filing Of Appeal Or Protest. The following regulations shall govern the filing of an appeal or protest:

Review Of Appeal Or Protest. The following regulations shall govern the review of an appeal or protest:

Either Council Member of the Ward where a development is proposed, the Mayor, or any two (2) City Council Members from any Ward may request that the conditional use permit or plan for a development be reviewed and approved by the entire City Council.

This request must be made no later than seventy-two (72) hours after decision of the Planning Commission. The project will then be placed with Planning and Public Works Committee for review, with a final recommendation then forwarded to the City Council. The City Council will then take appropriate action relative to the proposal.

The plan for a development, for purposes of this Section, may include the site development plan, site development section plan, site development concept plan, landscape plan, lighting plans, architectural elevations, sign package or any amendment thereto or any other plan reviewed by the Planning Commission.

Written notice of power of review shall be provided to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant and any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action may be heard at the hearing before the Planning and Public Works Committee.

The City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole City Council shall be required to approve a protested conditional use permit or to overrule the disapproval of the Planning Commission. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify the determination of the Planning Commission.