Edwardsville City Zoning Code
Division 2
Administration
§ 14.06.041 Development rights.
(a)
For the purpose of single-family residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within five (5) years of recording a plat, the development rights in such shall expire.
(b)
For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by the city or county and construction has begun and substantial amounts of work have been completed under a validly issued permit.
(c)
The governing body may provide in the zoning regulations for earlier vesting of development rights, however, vesting shall occur in the same manner for all uses of land within a land use classification under the adopted zoning regulations.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.042 Staff responsibilities.
The provisions of these regulations shall be administered and enforced by the city manager, or his/her appointed designee, who shall have the power to make inspection of buildings or premises necessary to carry out his/her duties in the enforcement of these regulations. The city manager, or his/her appointed designee, shall enforce these regulations and in addition thereto and in furtherance of said authority, he or she shall:
(1)
Receive, file, and forward to the board of zoning appeals the records in all appeals and variances, and to the planning commission all applications for zoning, plan review and special uses;
(2)
Maintain permanent and current records of the zoning regulations including, but not limited to, all zoning maps, amendments, special uses, variances, exceptions, appeals and applications therefor and records of hearing thereon; and
(3)
Maintain for distribution to the public a supply of copies of the zoning map, and the compiled text of the zoning regulations.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.043 Fees.
At the time that application [is made] for permits and/or processes associated with the zoning regulations there shall be deposited the corresponding application and/or permit fee identified in appendix A, Fee Schedule, of the Code of Ordinances. In addition to such application/permit fee the applicant is also responsible for all other fees associated with the administration, processing and review of submitted materials by staff and outside contractors hired by the city per the fee schedule.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.044 Penalties.
(a)
Pursuant to state law including but not limited to K.S.A. 12-761, the owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist or lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part, or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be subject to the provisions of section 1.01.009 of the Code of Ordinances.
(b)
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. However, nothing shall deprive the citizen of his rights under the U.S. Constitution.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.045 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of these regulations, or any regulation made pursuant to these regulations, the appropriate authorities of the city may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent such unlawful erection construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, [sic] to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.046 Planning commission.
(a)
Established.
Under the authority of K.S.A. chapter 12, article 7, there is hereby created a planning commission for the city.
(b)
Composition; appointment and term of members; compensation of members.
The planning commission shall consist of seven members, all of whom shall reside within the city limits. The members of the planning commission shall be appointed by the mayor with the approval of the city council. The two members of the commission first appointed shall serve respectively for terms of one year, and the second two for two years, and the other three shall serve for terms of three years. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the commission shall serve without compensation for their service.
(c)
Absence from meetings.
The mayor is hereby authorized to declare the seat, position or office of any city planning commission member to be vacant where such member absents himself or herself from three consecutive meetings or from four meetings in any one calendar year. There shall be no vacancy until so declared by the mayor. Such vacancies may be filled by appointment under the provisions of article 1.06 of the Code of Ordinances.
(d)
Place and time of meetings; officers; rules and regulations.
The commission shall meet at least once monthly at a place and time it shall fix and elect a chairperson, vice-chairperson, and a secretary, all as provided by its resolution, and adopt such rules and regulations as necessary to carry out its duties.
(e)
Powers and duties.
The powers and duties of the planning commission shall be as established by the Kansas Statutes Annotated.
(f)
General provisions for public project review.
(1)
Public improvements, facilities and utilities projects are subject to planning commission review per K.S.A. 12-748, as may be amended from time to time, whether proposed as an individual project or part of a capital improvement program/plan.
(2)
In the event that certain public improvements, facilities and utilities of a type embraced within the recommendations of the comprehensive plan are classified as special uses or are the subject of a change in zoning classification or district boundary, the consideration of such uses by the planning commission as a zoning amendment may also constitute their project review of such proposed use if concurrently processed under procedures required by K.S.A. 12-748, as may be amended from time to time; provided, that a statement of findings is included in the recommendation as to whether such proposed use is or is not in conformance with the comprehensive plan.
(3)
In case the planning commission finds that the proposed use is not in conformance to the plan and states in writing the manner in which it is not in conformance, then the city council shall not proceed with construction of such a proposed use unless the council overrules the disapproval of the commission and the plan shall be deemed to have been amended and the commission shall make the necessary changes in the plan to reflect the vote of the council.
(g)
General provisions for comprehensive plan content, adoption and annual review.
The planning commission shall periodically develop, adopt and maintain the City of Edwardsville Comprehensive Plan [and] the planning commission shall follow the content, procedures for adoption and annually hold a public review per K.S.A. 12-747 to consider amendments or changes, if any, to the plan.
(h)
General provisions for zoning district and map amendments, including rezoning.
(1)
Authority.
The regulations and the districts created under the authority of these regulations may be amended from time to time by the planning commission following a public hearing and the approval by the city council. No such amendment shall be adopted except in accordance with the procedures of this article.
(2)
Proposal.
Amendments may be proposed: (i) by the city council, (ii) by the planning commission or (iii) upon application by, or on behalf of, the owner of the property affected, if such proposed amendment is not a general revision of the existing regulations and affects specific property. When the city council proposes an amendment, it shall transmit its proposal to the planning commission for a public hearing and recommendation thereon.
(3)
Application.
When the owner of the property affected proposes an amendment to any of these regulations or to any zoning district created thereby, an application for such amendment shall be filed with the planning commission for a hearing. This paragraph and section apply also to special use applications. See section 14.06.046(i) for further special use requirements both as to applications and otherwise. The application shall be in such form and contain such information as shall be prescribed from time to time by the planning commission, but shall in all instances contain the following information:
(A)
The applicant’s name, address and telephone number;
(B)
The precise wording of any proposed amendment to the text of these regulations;
(C)
In the event that the proposed amendment would change the zoning district of any property;
(i)
The name and address of the owner(s) of the property;
(ii)
The legal description and street address of the property;
(iii)
The present zoning district and existing uses of the property;
(iv)
The dimensions of the property and the area stated in square feet or acres or fractions thereof; and
(v)
An ownership list of names, address and zip codes of the owners of all property located within two hundred (200) feet of the exterior of the property to be considered in the amendment application.
(4)
Public hearing.
The planning commission shall hold a public hearing on each proposed amendment that is filed with, referred to, or initiated by the planning commission. The planning commission shall select a reasonable time and place for such public hearing, and it shall hold such hearing within sixty-five (65) days from the date on which the proposed amendment is received or initiated by the planning commission. An applicant for an amendment may waive the requirement that such hearing be held within sixty-five (65) days.
(5)
Notice of hearing.
On behalf of the chairman or secretary of the planning commission, public notice of a hearing on a proposed amendment shall be published once in the official newspaper. At least twenty (20) days shall elapse between the date of such publication and the date set for the hearing. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration. All notices concerning specific property shall include a statement that a complete legal description is available for public inspection at the city clerk’s office. The notice shall include the present zoning classification and the proposed classification. When a proposed amendment will affect the zoning classification or district boundary of specific property, the planning commission shall mail a written notice of the hearing containing the same information as the published notice thereof to the owner(s) of the property affected and to the owners of all property within two hundred (200) feet of the exterior boundaries thereof so that at least twenty (20) days shall elapse between the mailing date and the hearing date. Failure to receive such notice shall not invalidate any subsequent action taken; provided, however, the applicant has submitted an accurate ownership list based on available records. The planning commission may give such additional notice to other persons as it may from time to time provide by rules.
(6)
Posted notice.
In addition to the publication of the notice herein prescribed, a notice may be posted in a conspicuous place on or near the property on which action is pending. If posted, such notice should not be less than eighteen (18) inches in height and twenty-four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1-1/2) inches in height. If posted, such notice should be so placed upon such premises that it is easily visible from the street nearest the same and should be so posted at least ten (10) days prior to the date of such hearing.
(7)
Conduct of hearing.
(A)
All hearings that these regulations require the planning commission to conduct for amendments to changes in the text of the regulations or the zoning classifications or in district boundaries shall be open public meetings according to K.S.A. 75-4317 et seq., the Open Meetings Act.
(B)
Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney.
(C)
The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the planning commission may from time to time prescribe by rule or bylaws which are not in conflict with these regulations or applicable state statutes.
(D)
The planning commission shall keep minutes of the proceedings showing evidence presented, findings of fact by the planning commission, motions made and the vote of each member upon each question or if absent or abstaining, indicate such fact. Records of the hearings and other official actions shall be kept.
(E)
The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested person(s) prior to or at the public hearing.
(F)
The planning commission may make recommendations on proposed amendments to specific properties which affect only a portion of the land described in the hearing notice or which give all or any part of the land described in the hearing notice or which give all or any part of the land described [sic] a zoning classification of lesser change than that set forth in the notice. A recommendation for a zoning classification of lesser change than that set forth in the notice shall not be valid, however, without republication and, where necessary, re-mailing of notices unless the planning commission shall have previously established a table or publication available to the public which designates what zoning classifications are lesser changes authorized within the published zoning classifications.
(G)
For action on zoning amendments, a quorum of the planning commission must be more than one-half of the membership as established by ordinance. A vote either for or against an amendment by a majority of all the planning commissioners present constitutes a recommendation of the planning commission.
(H)
A hearing may be adjourned from time to time upon a motion to continue in the future at some stated date, time and place. At the conclusion of a hearing, the planning commission shall prepare its recommendations and vote.
(I)
If a meeting is called and no quorum is present, the members in attendance may agree to hold the hearing at another meeting in the future at a stated date, time and place or at the next regular meeting for which, when announced at the present scheduled meeting, no further public notice need be given to continue the hearing.
(8)
Amendments to text.
When a proposed amendment would result only in a change in the text of these regulations, the report of the planning commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:
(9)
Amendments to change zoning districts.
When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the planning commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the commission is based using the following guidelines where relevant to the proposed amendment:
(A)
Would the change in district classification be consistent with the purposes of these regulations and the intent of the proposed district?
(B)
What is the character and condition of the surrounding neighborhood?*
(C)
What are the uses of property nearby and their district classification?*
(D)
Is the proposed amendment requested because of changed or changing conditions in the area affected and, if so, what is the change?
(E)
Is the subject property suitable for the uses to which it is restricted by the current district classification?*
(F)
Is the subject property suitable for the uses that are permitted by the proposed district reclassification?
(G)
Would the uses permitted by the proposed district reclassification and the accompanying restrictions have a detrimental affect on nearby property?*
(H)
Would the proposed amendment correct an error in the application of these regulations as applied to the subject property?
(I)
Should the length of time the subject property has remained vacant be a factor in the consideration for reclassification?*
(J)
Do adequate utilities and streets exist or will they be provided to serve the uses that would be permitted by the proposed district reclassification?
(K)
Is there a recommendation from a professional staff or consultant?*
(L)
Would the proposed amendment be in conformance with the comprehensive plan?*
(M)
Does the relative gain to the public health, safety and welfare outweigh the hardship imposed upon the applicant by not reclassifying the property?*
*This factor is paraphrased from the decision in Golden v. City of Overland Park, 224 Kan. 591, 584 P. 2d 130 (1978). |
(10)
Recommendation to city council.
No amendment, supplement, change, or modification of this article including the boundaries of any zoning district, shall be made by the city council without first the consideration of each by the city planning commission. Following a public hearing before and consideration by the city planning commission, the commission shall submit in writing its recommendations on each amendment, supplement, change, or modification to the city council within sixty (60) days after receipt thereof. Such written recommendation shall contain determinations on the items listed in section 14.06.046(h)(8) and/or (h)(9) of this section and on such other items as the commission may consider relevant. Said recommendations shall include approval, disapproval, or other suggestions and the reasons thereof, and a discussion of the effect of each amendment, supplement, change, or modification on the comprehensive plan. The report submitted to the city council shall be accompanied by a copy of the record of the hearing on the proposed amendment. In lieu of a report, the above information may be contained in a copy of the minutes. Said recommendations shall be of an advisory nature only.
(11)
Filing of protest.
If a written protest against a proposed amendment for a specific property including a special use shall be filed in the office of the clerk within fourteen (14) days after the date of the conclusion of the hearing by the planning commission on the proposed amendment pursuant to the published notice, which protest is duly signed and acknowledged by the owners of twenty percent (20%) or more of any property proposed to be altered or changed, or by the owners of twenty percent (20%) or more of the total area, excepting public streets and ways, located within or without the corporate limits of the city and within two hundred (200) feet of the exterior boundary of the property proposed to be rezoned, then such amendment shall not be passed except by at least a three-fourths (3/4th) vote of the city council.
(12)
Adoption of amendments by council.
(A)
When the planning commission in its report submits a recommendation of approval or disapproval of a proposed amendment, the city council shall review the proposed amendment and adopt the recommendation, override the recommendation, or return it to the commission as provided in K.S.A. 12-757, as may be amended from time to time.
(B)
In considering its decision under each of the above sets of circumstances the city council shall take into account the factors in section 14.06.046(h)(8) and/or (h)(9) which are relevant to the proposed amendment and, having reviewed the planning commission’s findings of fact and the factors upon which their recommendation is based, the city council either adopts the commission’s findings and factors by reference or records their own findings of fact and the factors upon which their decision is based.
(13)
Additional provisions.
In addition, any person or persons seeking such an amendment, supplement, change, or modification of any zoning district, shall comply with the following:
(A)
Minimum area - commercial districts.
An application for a change of district to Commercial Intensive (C-1) or Commercial Extensive (C-2) shall contain a minimum area of one (1) acre. The area, if more than one (1) parcel of land is involved, shall be contiguous, exclusive of any streets or easements.
(B)
Minimum area - industrial districts.
An application for a change of district to an Industrial Non-Hazard District (I-1) or Industrial Hazard District (I-2) shall contain a minimum area of three (3) acres. The area, if more than one (1) parcel of land is involved, shall be contiguous, exclusive of any streets or easements.
(C)
Minimum area - extension of district.
The foregoing requirements in section 14.06.046(h)(13)(A) and (B) shall not apply in the case of an extension of a commercial intensive or commercial extensive district, or industrial nonhazard district or industrial hazard district.
(i)
General provisions for special uses.
Because of particular factors associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as “special uses” when their proposed location is supplemented by additional conditions such as to make the use considered compatible with the surrounding property, the neighborhood and the zoning district.
(1)
Process.
(A)
The city council shall have the power to hear and decide in accordance with the provisions of these regulations special uses which it is specifically authorized to pass on by the terms of these regulations; to decide such questions as are involved in determining whether special uses should be granted; and to grant special uses with such conditions and safeguards as are appropriate under these regulations, or to deny special uses when not in harmony with the purpose and intent of these regulations.
(B)
Special uses shall not exist as a matter of right, but only upon the issuance of the special use permit by the city council following and after prior consideration by the planning commission and public hearing by the planning commission.
(C)
In granting a special use, the minimum requirements of approval for all similar types of permitted uses in the same district must be met unless otherwise reduced by specific reference in these regulations. The requirements may be made more stringent if there are potentially injurious effects which may be anticipated upon other property and the neighborhood or contrary to the welfare and convenience of the public. Such additional conditions may include but are not limited to requirements affecting:
(i)
The lot size or yard dimensions;
(ii)
Changing street width;
(iii)
The extent and location of entrance or exit drives;
(iv)
Controlling the location and number of signs;
(v)
The period and time of operation;
(vi)
The coverage and height of buildings;
(vii)
Requiring screening, fencing and/or landscaping to protect the surrounding property;
(viii)
Establishing environmental standards for air and water pollution, noise, vibration, lighting and other such conditions;
(ix)
Additional improvements such as street construction, sidewalks, utilities and storm drainage, if necessary, including platting and/or dedications and easements.
(D)
Such conditions may be placed upon the property which is the subject of the special use application or upon the applicant or both.
(E)
Additionally, the city council shall have the authority to limit the length of time associated with a special use permit. Such time periods may include 1 year, 3 years or permanent subject to meeting all conditions and being in compliance with all applicable code requirements.
(2)
Procedure.
Although the official zoning map is not amended, the procedure for approval of a special use shall otherwise be the same as for an amendment to change zoning districts which is set forth in article III section 5 subsection H. [section 14.06.046(h)] including the provisions for filing protest petitions and fees; provided, that any additional requirements which are further imposed upon the special use shall be made a part of the effectuating permit. Concurrent amendments may be processed for changing zoning classifications and approving special uses on the same property.
(3)
Application.
In addition to section 14.06.046(h)(3) requirements, the application shall contain the following information:
(A)
Full, specific and particular description of the use sought, both as to function and operation, and as to any structures, installations, equipment or surface improvement or change incidental to such use.
(B)
A plat or drawing showing the exact scaled location of such land, and of any structures, installations, equipment or change of surface contemplated, including all public ways, with access thereto.
(C)
Period of time for the special use if a temporary special use is requested; up to two years.
(D)
Special conditions as to operation, site development, signs, and other pertinent descriptive factors.
(E)
Full statement of the environmental effect of such use with respect to adjoining property, and the zoning district in which the same is to be located.
(F)
Statement of position of the applicant as to any other matters of information, requested in writing by the city staff after review of the preliminary form which shall be helpful to the commission or the council. If the applicant does not agree with the reasonableness of any such request, he may so state and give reasons in written form.
(G)
The recommendation of the planning commission upon hearing such application, need not be limited to approval or disapproval of the application as filed, but also may be subject to conditions attached.
(4)
Findings.
(A)
Before any special use permit shall be issued, the city council shall make written findings certifying compliance with the specific rules governing individual special uses and that satisfactory provision and arrangement has been made concerning the following where applicable:
(i)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(ii)
Off-street parking and loading areas where required, with particular attention to the noise, glare, or odor effects of the special use on adjoining properties and properties generally in the district.
(iii)
Refuse and service areas.
(iv)
Utilities, with reference to locations, availability, and incompatibility.
(v)
Screening and buffering with reference to type, dimensions, and character.
(vi)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(vii)
Required yards and other open spaces.
(viii)
General compatibility with adjacent properties and other property in the district.
(B)
The special use shall not adversely affect, reduce or depreciate property values of land and property surrounding the same, whether or not immediately adjoining, when devoted to permitted uses.
(C)
The special use shall be in compliance with height and area regulations of the district in which the same is located, except as otherwise specifically provided in the special use.
(D)
Both temporary and permanent special uses shall be in compliance with these criteria and these standards shall be maintained in consideration of the existing state of development of the district in which located. In the case of special uses granted for the indefinite term, the relation to the reasonably foreseeable future for the entire term of such special use and completed development of the district shall be considered.
(5)
Violation or noncompliance.
(A)
If there be violation of or noncompliance with any of the stated conditions of such special use permit during the term thereof, the same shall be subject to revocation by resolution of the city council after public hearing after notice to the then owner and occupant of the land which is the subject of the use, and by public notice to the general public. Upon such revocation, such special use shall thereafter be void and of no effect.
(B)
Such special use shall not constitute a defense to any lawful action for civil or private rights on account of any such use.
(C)
If such special use shall be for a limited or stated term of use, the same may be extended by action of the city council for a term not to exceed the original term after a public hearing and upon notice of such hearing, upon application. For such extension, consideration by the planning commission is required and the council shall, before holding the public hearing, refer the same to such commission for its hearing and recommendation.
(6)
Assignment of special use permit.
(A)
Every individual, partnership, association, or corporation holding a special use permit hereunder shall give notice in writing to the city council within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of interest in or control of a project, the subject of such permit. Such notice shall include the name and address of the successor in interest to the ownership or control of such project, the name and address of the manager of the new permit holder, and the name and address of the registered agent if the permit holder is a corporation. A special use may be assigned only with the consent of the city council, with such consent given after due consideration by the city council to the qualifications of the assigned.
(B)
Such consent shall not be unreasonably withheld. Enforcement of a security interest in the property covered by a special use by the holder of such security interest shall not be considered an assignment of such special use.
(7)
Construction plans.
All plans for construction of or alteration of any structure shall be submitted to the city staff for review. Such plan review shall be for the purpose of determining compliance with the conditions, stipulations and requirements proposed by the planning commission and affirmed by the city council at their respective reviews and public hearings. Should the plan not include all such conditions, stipulations and requirements, the city manager or his/her designee shall not authorize the issuance of a building permit.
(j)
General provisions for architectural/site plan review.
Any land use/development that requires RD-3 [R-3]; PUD; C-1; C-2; C-3; I-1 or I-2 zoning is subject to architectural/site plan review and approval per the provisions of this section of these regulations.
(1)
Architectural/site plan design review committee.
There is hereby established a design review committee (DRC) empowered to review applications, plans and designs proposed in respect to all proposed development requiring R-3; PUD; C-1; C-2; C-3; I-1 or I-2 zoning. At a minimum the DRC shall consist of city staff, one member of the planning commission, one member of the city council and such other persons as the governing body may appoint. There shall be no fixed meetings. The committee shall meet when materials to be reviewed for compliance with the provisions of these regulations are submitted for such purpose.
(2)
Design considerations and standards.
(A)
Each plan shall include due consideration and incorporation of desirable existing conditions and features, as well as incorporate the best practices of the associated design profession(s) (architecture, engineering, landscape architecture, urban planning and design).
(B)
Submitted concepts and plans shall address the following in respect to architectural and site design as proposed for the site:
(i)
Relationship of proposed development to existing site features, as well as surrounding features - woodland, water, topographic, geologic, historic, etc. Existing natural or cultural features shall be incorporated into the proposed plan whenever possible, or remediation plans for the loss of such features shall also be provided. Impacts related to stormwater drainage, visual change and habitat, as well as other considerations may be of influence.
(ii)
Consideration of surrounding context - uses, building materials, styles and size, etc. Functional and design compatibility or differentiation with the surrounding built environment (use, buildings, circulation, etc.) must be demonstrated or justified, while using the highest quality materials and best practice methods.
(iii)
Incorporation of architectural elements and/or design features of all structures. Such elements and features should create both visual/ structural variety in form and scale, yet retain uniformity among structures in the same development and be harmonious with or of a higher level than structures on adjacent parcels or tracts.
(iv)
Incorporation of landscape and hardscape features. Such features shall be complementary to the structure(s) and the development in its entirety considering both views from and views of the development, screening of various utilities, mechanical equipment, other functional elements (trash receptacles, shipping docks, etc.), highlighting and enhancement of entry areas and public spaces, addressing stormwater drainage, short and long term establishment and maintenance, as well as variety of form, material and size.
(v)
Integration of circulation methods and elements as a functional network with minimal conflicts. Circulation and access shall address a variety of methods (pedestrian, bicycle, and vehicular) including patterns, volumes and routes on site for service, emergency and routine daily use, as well as connections to the existing/planned adjacent system(s).
(C)
Specific architectural design/site plan requirements (apply to all permanent and temporary structures).
(i)
Residential/commercial/office building design:
a.
A minimum of fifty percent (50%) of each exterior wall, excluding windows and doors, shall consist of masonry rough texture, glass walls, wood (other than plywood) or a combination thereof.
b.
The following materials shall be prohibited upon exterior walls: concrete finish or precast concrete panels, unless the finish or panels have exposed aggregate or are hammered, sandblasted, or textured; and aluminum or metal panel or strip siding, whether painted or unpainted.
(ii)
Industrial building design:
a.
Uninterrupted walls or facades facing public streets shall not be permitted.
b.
Each exterior wall of a building that fronts on a public street, excluding windows and doors, shall consist of the following materials:
1.
Masonry with rough texture.
2.
Glass walls.
3.
Wood, other than plywood.
4.
Concrete, tile and/or stucco.
5.
Concrete finish or precast concrete panels with exposed aggregate or hammered or sandblasted or textured.
6.
Architectural metal panels as approved by the DRC.
7.
Other materials approved by the DRC.
(iii)
Utilities, including electrical and mechanical equipment, shall be screened from public view and designed to be harmonious with the surrounding design.
(iv)
Loading docks, bays, and doors shall not face public roadways or pathways, or must be adequately screened from public view.
(v)
Outdoor storage/stockpile areas shall be located behind the front building line established by the primary structure on the site and must be adequately screened from public view.
(vi)
Portable or mobile equipment used in support of manufacturing or processing operations must be anchored permanently to structurally adequate foundations and footings, and screened in a manner that meets the applicable building design requirements for commercial or industrial buildings as specified above, as well as other site design requirements.
(vii)
Trash, recycle, compaction and other such features shall not face public roadways or pathways, or must shall [sic] be adequately screened from public view.
(viii)
Landscape planting areas, as well as trees and shrubs shall be irrigated.
(ix)
All areas not within a structure or identified as landscape area are required to be paved with an adequate and appropriate hard surface pavement material.
(3)
Plan contents.
The plan shall contain, at minimum the information as is required by city codes and ordinances, in addition to meeting the content, filing, and submission requirements of this article.
(A)
Preliminary architectural/site plan.
Every request for change of zoning, subdivision plat, lot split and building permit for uses requiring R-3; PUD; C-1; C-2; C-3; I-1 or I-2 zoning shall include a preliminary plan. Such plan shall depict or reflect the following:
(i)
Existing topography at 5-foot contour intervals, and proposed topography at 2-foot contour intervals.
(ii)
Proposed location, height, and arrangement of buildings, including pad sites, parking areas, existing and proposed streets or internal circulation systems, open spaces, landscaped areas, stormwater detention/retention area, and drainage easements.
(iii)
Identification of phases of development, interim phases time frame in improvements.
(iv)
Identification on the site plan of the name, address, and telephone number of the property owner, the developer, and the person preparing the plan.
(v)
A project schedule that shall include a tabulation of square footage of development, floor area ratios, types of uses, parking spaces, impervious materials coverage, residential development density, and/or land area of each proposed usage as a percentage of the total site.
(vi)
Preliminary sketches, showing the general style, size and exterior construction material of any and all proposed buildings; in the event of several building types, a separate sketch shall be prepared for each type.
(vii)
Preliminary sketches related to proposed location and size of signage on buildings and the site.
(viii)
The relationship of the site to surrounding uses, buildings, zoning districts, existing and proposed (approved but not built) developments and structures and streets and driveways within two hundred (200) feet of the exterior boundaries of the property.
(ix)
A traffic impact analysis may be required if recommended by the city staff and the planning commission.
(x)
A parking analysis shall be performed to demonstrate the adequacy of off-street parking that must meet applicable design or zoning code requirements in all phases of the development.
(xi)
A list of proposed plan deviations and exceptions from the standards and requirements of the zoning code and this article. Such list shall identify the desired deviation/exception and the reason for the requested deviation/exception.
(xii)
Such additional materials as may be required from time to time by city staff, the DRC, the planning commission, or the governing body.
(B)
Final architectural/site plan.
Upon review and approval of a preliminary plan, the developer shall then submit a final plan, which shall reflect or depict the following:
(i)
Finished grades or contours for the entire site (five- or two-foot contour intervals may be required depending upon the site).
(ii)
All adjacent public street rights-of-way, existing and proposed, within the centerline location thereof.
(iii)
The location, width, curb cuts and radii of all public streets and private drives, existing and proposed.
(iv)
The location, width, and limits of all existing and proposed sidewalks.
(v)
The location, size, and radii of all existing and proposed median breaks and turning lanes.
(vi)
The distance between all buildings, between buildings and property lines, and between all parking areas and property lines.
(vii)
The location of all required building and parking setbacks.
(viii)
The location, dimensions, number of stories, and area in square feet of proposed buildings.
(ix)
The area of land included on the site plan, in square feet or acres.
(x)
The limits, location, size, and material to be used in all proposed retaining walls.
(xi)
The location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
(xii)
The location, height, candlepower, and type of outside lighting fixtures for buildings and parking lots.
(xiii)
The location, size, type of material, and message of all proposed monuments or detached signage. Per the master sign plan requirements in the City of Edwardsville sign regulations.
(xiv)
Pertinent peripheral information, including adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semi-public easements.
(xv)
Preliminary drainage design, and location of existing drainage facilities.
(xvi)
Elevations of all sides of proposed buildings, including notations indicating the building materials to be used on exterior walls and roofs thereof.
(xvii)
The location, size and materials to be used in all screening of rooftop mechanical equipment.
(xviii)
A landscaping plan or depiction that shows the size, species, location and number of all proposed landscaping material; notations depicting all areas to be seeded or sodded; and the location, size, and materials to be used for all landscaping, and screening, as well as irrigation plans for such materials.
(xix)
A list of proposed plan deviations and exceptions from the standards and requirements of the zoning code and this article. Such list shall identify the desired deviation/exception and the reason for the requested deviation/exception.
(4)
Plan review procedure.
(A)
Each proposed plan shall be subject to the review and approval process. The intent of plan review is to provide for adequate review and consideration of the potential effects of the proposed development upon surrounding uses and activities, and to require and maintain a high standard of site planning and building design. The approval process shall consist of a coordinated meeting and review of applications and plans by the city staff, the DRC, the planning commission and the governing body. The governing body shall have final authority to approve or disapprove a proposed plan for development.
(B)
The city manager or his/her designee shall be responsible for coordinating review and analysis of each preliminary and/or final plan application by city staff and by the DRC. The results of this review shall be compiled and reported to the planning commission for review and consideration. Additionally, the planning commission shall hold a public hearing as part of its consideration of the preliminary plan submission following the public notification procedures utilized for zoning amendment/rezoning requests and the review factors, which are set forth in section 14.06.046(h) including the provisions for filing protest petitions and fees. Following the planning commission’s review and recommendations, the governing body shall review the preliminary and final plan applications. The governing body may approve, disapprove, or conditionally approve the preliminary plan and/or final plan application.
(i)
Consistency of the proposed development with the zoning district and all applicable zoning regulations and review criteria.
(ii)
Compatibility of the proposed development with existing or permitted uses on abutting or adjoining sites or properties, in respect to building height, building materials, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
(iii)
Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed uses and other uses reasonably anticipated in the area, considering existing zoning and land uses in the area.
(5)
Certain deviations from preliminary plan - public notification procedures.
The city manager and/or his/her designee shall notify the applicant to initiate a public notification procedure at the expense of the applicant if deviations from an approved preliminary plan will:
(A)
Increase density or intensity of residential uses by more than five percent (5%).
(B)
Increase the floor area of nonresidential building by more than ten percent (10%).
(C)
Increase by more than five percent (5%) the ground covered by buildings.
(D)
Increase the number of stories of a building.
(E)
Involve changes that will result in a different development concept, create less architectural harmony or quality, or impose greater loads upon streets and neighborhood facilities.
(6)
Conditions and restrictions.
(A)
In approving preliminary and initial site plan applications, the governing body, upon the recommendation of the planning commission, may vary the standards set forth in the zoning ordinance, provided that the general intent of the ordinance is carried out.
(B)
The governing body shall use the requirements and standards set forth in the zoning ordinance as a guide, and may permit adjustments of those requirements and standards in the interest of efficient land development and utilization, if it is deemed that other amenities or conditions thus gained will result in a development of equal or higher quality.
(C)
In its review and approval of preliminary and final site plan applications, the governing body may increase the minimum requirements designated in the applicable sections of the zoning code based upon its review of the topography of the individual site, the orientation of buildings in relationship to street rights-of-way and adjoining properties, the building materials used, and the mass and height of buildings. A purpose of such increases in minimum requirements shall be to minimize any adverse impacts of the proposed development on adjoining or nearby properties and the general community.
(D)
If the governing body imposes conditions or restrictions upon a preliminary site plan, it shall designate specific requirements that must be met before an applicant may submit a final site plan application. If the governing body imposes conditions or restrictions upon a final site plan, it shall designate specific requirements that must be met before issuance of a building permit. The governing body may delegate to the city manager or his/her designee the authority to determine if specifically prescribed conditions have been satisfied by an applicant.
(7)
Period of validity of preliminary site plan approval.
If a preliminary site plan is approved by the governing body, the approval shall not be valid for a period longer than twenty-four (24) months from the date of its approval, unless within such period a final site plan application is submitted. The governing body shall be authorized to impose new conditions or restrictions upon an approval of the resubmission, or to disapprove the resubmission.
(8)
Period of validity of final site plan approval.
If a final site plan is approved by the governing body, the approval shall not be valid for the period longer than twelve months (12) from the date it is approved, unless within such a period a building permit is obtained and substantial construction is commenced. The governing body may grant one extension, not to exceed twelve (12) months, upon written request of the original applicant, and resubmission of the application, provided that the application as resubmitted is substantially the same as the application originally approved; however, the governing body shall be authorized to impose new conditions upon an approval of the resubmission, or to disapprove the resubmission.
(Ordinance 963, att. A, adopted 5/9/16)
§ 14.06.047 Board of zoning appeals.
(a)
Establishment.
Under the authority of K.S.A 12-759, there is hereby created a board of zoning appeals for the city.
(b)
Composition; appointment and term of members; compensation of members.
The board of zoning appeals shall consist of the planning commission members as appointed by the mayor with the approval of the city council per section 14.06.046(b).
(c)
Absence from meetings.
The mayor is hereby authorized to declare the seat, position or office of any city board of zoning appeals member to be vacant where such member absents himself or herself from three consecutive meetings or from four meetings in any one calendar year. There shall be no vacancy until so declared by the mayor. Such vacancies may be filled by appointment under the provisions of article 1.06 of Code of Ordinances.
(d)
Place and time of meetings; officers; rules and regulations.
Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The board annually shall elect one of its members as chairperson, as vice-chairperson and as secretary. The board shall adopt rules and regulations as necessary to carry out its duties. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board and the vote upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record.
(e)
Hearings: purpose and intent.
(1)
The board of zoning appeals shall administer the details of appeals from or other matters referred to it regarding the application of the zoning ordinance or resolution as hereinafter provided. The board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. Notice of the time, place and subject of such hearing shall be published once in the official city newspaper at least 20 days prior to the date fixed for hearing. A copy of the notice shall be mailed to each party to the appeal and to the planning commission.
(2)
Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the city, county or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance or resolution. Such appeal shall be taken within a reasonable time as provided by the rules of the board, by filing a notice of appeal specifying the grounds thereof and the payment of the fee required therefor. The officer from whom the appeal is taken, when notified by the board or its agent, shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(3)
The board shall have the power to hear and decide appeals where it is alleged there in the enforcement of the zoning ordinance or resolution [sic]. In exercising the foregoing powers, the board, in conformity with the provisions of these regulations, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions and may issue or direct the issuance of a permit.
(f)
Variances and exceptions.
When deemed necessary by the city staff and/or the board of zoning appeals, the board and/or city staff may grant variances or exceptions from the zoning regulations on the basis and in the manner hereinafter provided:
(1)
To authorize in specific cases a variance from the specific terms of the regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the regulations, in an individual case, results in unnecessary hardship, and provided that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning regulations in such district. A request for a variance may be granted in such case, upon a finding by the board that all of the following conditions have been met per K.S.A. 12-759(e):
(A)
That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;
(B)
That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
(C)
That the strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
(D)
That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and
(E)
That granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
(2)
To grant exceptions to the provisions of the zoning regulation in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning regulation. In no event shall exceptions to the provisions of the zoning regulation be granted where the use or exception contemplated is not specifically listed as an exception in the zoning regulation. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when conditions of this exception, as established in the zoning regulation by the governing body, are not found to be present.
(3)
Administrative variances may be granted by staff with the following specific limitations:
(A)
Front, side and rear yard setbacks: In cases where a legal nonconforming property/lot size exists in the AG/R or R-1 zoning district the city staff may grant a variance from the required setback that is in keeping with the intent of the applicable zoning district, and recognizes the context of existing structures on the property and adjacent properties.
(g)
Appeals.
Any person, official or governmental agency dissatisfied with any order or determination of the board may bring an action in the district court of the county to determine the reasonableness of any such order or determination. Such appeal shall be filed within 30 days of the final decision of the board.
(Ordinance 963, att. A, adopted 5/9/16)