Prior to the initial occupancy of any building or structure and prior to any change in occupancy or use, after all requirements of the City ordinances have been met, a certificate of occupancy shall be issued by the Building Commissioner, stating that the proposed use thereof complies with the requirements of the ordinances of the City of Kirkwood.

No nonconforming use shall be maintained, renewed or changed without a certificate of occupancy having first been issued by the Building Commissioner.

No permit for excavation for the erection or alteration of, or repairs to, any building shall be issued until an application has been made for a certificate of occupancy.

Unless otherwise specified in this Code, development review procedures established in this article and this Code may be initiated by any person with a financial, contractual, or proprietary interest in the property to be developed according to the submitted plan.

The Planning and Zoning Commission or City Council may initiate Code text and Map amendments under this Code with or without written authorization or application from the property owners who may be affected.

Applications required under this Code shall be submitted in a form, in such numbers, and in a manner (digital or hard copy) as established by the Director of Public Services, and made available to the public.

The Director of Public Services may waive any of the items required as part of an application. However, such a waiver shall not prohibit the Planning and Zoning Commission, City Council, Board of Adjustment, or Architectural Review Board from requesting items previously waived by the Director of Public Services or any other additional information as deemed appropriate by such body.

Applications shall be accompanied by a fee as established by City Council pursuant to § 25-16(g).

The Director of Public Services shall only initiate the review and processing of applications submitted as part of this Code if such application is determined to be complete.

An application shall be determined to be complete if the applicant has submitted all of the forms, plans, maps, and other submittal information required for the specified application, in the numbers required.

The Director of Public Services shall make a determination of application completeness within 14 days of the application filing.

If the application is determined to be complete, the application shall then be processed according to the procedures and time lines set forth in this Code.

If an application is determined to be incomplete, the Director of Public Services shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Director of Public Services determines that the application is complete.

The City shall not be required to process an incomplete application, forward an incomplete application to any decisionmaking body, or be subject to any required time lines of review for incomplete applications.

If the applicant fails to correct all deficiencies and submit a complete application within 90 days of the notice provided by the Director of Public Services, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Director of Public Services may grant one sixty-day extension if just cause is shown.

No reconsideration of an incomplete application shall occur after expiration of the ninety-day period or any granted extension, and an applicant in need of further development approval under the Code shall, pursuant to all of the original requirements this Code, submit a new application, and submit a new filing fee.

If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.

Whenever two or more forms of review and approval are required under this Code, the Director of Public Services shall determine the order and timing of review.

The Director of Public Services may authorize a simultaneous review of applications so long as all applicable requirements are satisfied for all applications.

Prior to filing an application, an applicant may request a meeting with the Director of Public Services or other staff members for a preapplication meeting to discuss the proposed application or project.

The purpose of the preapplication meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this Code and consistency with the recommendations of the Comprehensive Plan prior to the submission of an application.

The applicant should be prepared to provide all of the application submittal requirements established for the applicable review procedure pursuant to § 25-16(c).

No action can be taken by the staff until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City. Therefore, all discussions that occur between the applicant and/or applicant's representative and staff that occur prior to the date the applicant submits an actual application and/or plan are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.

Any application for development review under this Code shall be accompanied by such fee as shall be specified in Chapter 5, Article VIII, of the City of Kirkwood Municipal Code.

The fees shall be in addition to any other fees that may be imposed by the City, state, St. Louis County, or other agency having jurisdiction.

Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.

Application fees are not refundable except where the Director of Public Services determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.

The City has and continues to reserve the authority to charge and collect reimbursement for third-party building plan, site, or other review of any application, including, but not limited to, civil engineer, traffic engineer, landscape architect, urban forester, arborist, attorney, or any other professional costs and associated expenses. The City may implement an administrative escrow and/or deposit procedure whereby funds are deposited with the City in an amount equal to estimated third-party costs.

If the City makes a determination that an application requires professional services, the City may utilize its own professional staff, such as the City Attorney's office, Director of Public Services, City Forester, or may engage a professional to conduct the study and deliver the results to the City. The applicant shall pay the cost of the professional service plus administrative costs to the City of Kirkwood to retain the professional.

The professional services shall not commence without agreement of the applicant as to the costs of such study and the deposit with the City of the estimated fee for the professional services plus administrative costs of 10% of the estimated cost of the services or a minimum as set by City Council, by resolution, from time to time. The applicant shall be refunded any overpayment at the conclusion of the professional report, except the administrative cost to the City, which is a nonrefundable fee.

The professional report or study shall become the property of the City for its sole use.

For all public meetings required by this Code, the City shall comply with the City of Kirkwood Municipal Code and all applicable state requirements regarding public notice.

The Director of Public Services may post notice on any property requesting action by the Planning and Zoning Commission except for requests for time extensions.

Applications for development approvals that require public hearings shall comply with all applicable state requirements and the public meeting notice requirements established in § 25-16(i), above.

The Director of Public Services shall be responsible for providing the required notice as specified by this subsection.

Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:

Notice requirements. Published and mailed notice for public hearings shall be provided as defined in Table 16-1.

Published notice.

Written (mailed) notice.

Constructive notice.

Incorrect notice. If there is an instance where notice is not provided, or is incorrectly provided [excluding minor issues addressed in § 25-16(j)(7)], due to an error outside of the applicant's control, the hearing or meeting shall be rescheduled for the next regularly scheduled meeting or may be rescheduled as a special meeting at the discretion of the applicable review board or City Council.

Rights of all persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

Continuance of a public meeting or hearing, or deferral of application review.

The Director of Public Services shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this Code.

If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this Code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decisionmaking body. Such action shall not be deemed as a decision on the subject application.

The issuance of any approval, certificate, or permit under this Code shall authorize only the particular development, alteration, construction, use, or similar activities approved in the subject application.

All development, alterations, construction, use, or similar activities authorized by approvals established in this Code shall be maintained in accordance with such approvals and this Code or such activity shall be deemed a violation of this Code, subject to the penalties of Article XIII, Enforcement and Penalties.

All approvals shall run with the land or use and shall not be affected by change in ownership unless otherwise specifically stated.

For any review procedure, the Director of Public Services is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development or subdivision. This shall not give the Director of Public Services the authority to vary the requirements of this Code or any conditions of approval.

Where the Director of Public Services determines that the proposed modification, amendment, or change is not minor, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.

Appeal the decision in accordance with the applicable appeals procedure established in this Code or state law; or

Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Director of Public Services shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in § 25-16(d). If it does not, the Director of Public Services shall return the application, with reasons for their determination in writing, along with any paid fees;

Submit the same application after a twenty-four-month waiting period; or

Submit a new application if the proposed use and design of the site will be entirely different than the denied application.

Development authorized by any approval under this section and this Code shall not be carried out until the applicant has secured all other approvals required by this Code or any other applicable provisions of the City or other agencies with jurisdiction over the proposed activity.

The granting of any approval, certificate, or permit shall not guarantee the approval of any other required certificate, permit, or application.

The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the St. Louis County, state, or other agencies having jurisdiction.

In computing any period of time prescribed or allowed by this Code, the date of the application, act, decision, or event from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as observed by the City of Kirkwood where the City administrative offices are closed for the entire day.

When the period of time is prescribed in days, the presumption shall be that it is in calendar days, including Saturdays, Sundays, and legal holidays unless otherwise stated.

When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).

All specified time periods shall be counted as consecutive days, weeks, months, etc., unless otherwise specified.

Any person who has authority to file an application [See § 25-16(a).] may initiate an amendment by filing an application with the Director of Public Services.

City Council may initiate a Code text or Map amendment by passing a motion to initiate such amendment and referring said motion to the Planning and Zoning Commission.

The Planning and Zoning Commission may initiate a Code text or Map amendment by adopting a motion to make such an amendment.

Step 1: Application.

Step 2: Staff review and transmission to the Planning and Zoning Commission. Upon determination that a Zoning Map amendment application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Planning and Zoning Commission prior to the meeting where the application is to be reviewed.

Step 3: Planning and Zoning Commission review and recommendation.

Step 4: City Council review and decision.

Zoning Map amendments. Recommendations and decisions on Zoning Map amendment applications shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.

Zoning and Subdivision Code text amendments. Recommendations and decisions on text amendment applications shall be based on consideration of the following review criteria:

No construction or expansion of a building or structure, or use of land, buildings, or structures, shall be permitted in the following districts without the review and approval of a development plan pursuant to this section:

No construction or expansion of a mixed-use building or mixed-use development, or alteration of a site with such development, in the B-2 General Business District shall be permitted without the review and approval of a development pursuant to this section.

No construction or expansion of a development, permitted as a community unit plan pursuant to Article IV, Community Unit Plans, shall be permitted without the review and approval of a development pursuant to this section.

Where a development plan is required, no building permit shall be issued until a site plan has been approved in accordance with the requirements of this section and § 25-19, where required.

If the Director of Public Services determines that the proposed development involves only accessory or temporary structures, contains a single building on a lot, or is of such a small scale as to not warrant the need for a separate development plan and site plan review, the Director of Public Services may authorize a simultaneous review of the development plan and site plan. The Director of Public Services shall always retain the authority to require any development to go through a two-step development plan and site plan review process.

A change in use, reoccupancy of an existing building, or the internal construction or change in floor area of a building or structure that does not increase gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this Code shall not require a development plan approval.

Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.

Step 2: Staff review and transmission to the Planning and Zoning Commission. Upon determination that a development plan application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Planning and Zoning Commission prior to the hearing where the application is to be reviewed.

Step 3: Review and recommendation by the Planning and Zoning Commission.

Step 4: Review and decision by the City Council.

Step 5: Final site plan review.

The development is consistent with all the requirements of this Code, and other related codes and ordinances enforced by the City;

The development complies with the applicable zoning district regulations;

The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;

The development will preserve and be sensitive to the natural characteristics, including topography, of the site in a manner that complies with the applicable regulations set forth in this Code and is not designed in a manner that will adversely affect the normal and orderly development or improvement of surrounding properties;

Adequate provision is made for safe and efficient pedestrian, bicycle, and vehicular circulation within the site and to adjacent property;

The development plan demonstrates functional and beneficial uses of open space areas, and preservation and protection of natural features of a development site, inclusive of preservation, planting, maintenance, restoration, protection, and survival of desirable tree canopy areas within the development site;

The development plan takes into consideration the impact on neighboring residential properties resulting from nonresidential uses within the development, including but not limited to protecting the existing neighborhood assets and quality of life;

The development plan accommodates rational and cost-effective development in relation to public services and the installation and maintenance of public and private infrastructure by reducing the distance utilities are extended and installed, and/or by reducing the width and length of streets;

The development plan takes into consideration the impact on nearby historic districts and landmarks, whether designated locally or nationally;

The design of the site surface drainage provides for the reasonable removal of stormwater so as not to adversely affect neighboring properties;

All structures have access to a public street, walkway, or other area designated for common use;

The proposed development does not adversely affect off-site public services, including sewer, water, and streets, nor adversely affect the character of the neighborhood, nor adversely affect the general welfare of the community;

Pedestrian and cyclist connectivity will be provided in accordance with the Kirkwood Pedestrian and Bicycle Plan;

Points of ingress/egress to the development are controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;

Adequate provision is made for emergency vehicle access and circulation; and

If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.

The owner or owners of any tract of land with an approved development plan (or existing use and development) shall file an application for amendment to said plan in compliance with § 25-16 and this section.

If the proposed amendment substantially modifies the approved development plan by intensity of use, traffic impact, or construction or expansion of a structure or parking area by more than 5,000 square feet, the plan shall be reviewed in the same manner as the original development plan application in accordance with this section.

If the proposed amendment modifies the site plan of the approved development plan, the amendment shall be reviewed by the Planning and Zoning Commission and City Council as a final site plan in accordance with § 25-19.

Minor revisions to the final site plan may be approved by the Director of Public Services if such revisions satisfy the intent of the approved site plan.

The compatibility with adjoining and neighboring parcels;

The maintenance and improvement of the general welfare and character of the developments within the community, with proper attention to setting and the avoidance of unsightly appearances; and

Other factors conducive to the proper development of the City.

Unless specifically exempted in § 25-19(c), no construction or expansion of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.

Minor site plan review applicability.

Major site plan review applicability.

Construction or modification of single-family dwellings;

Construction or modification of accessory structures or uses established on a lot with a single-family dwelling; and

A change in use, reoccupancy of an existing building, or the internal construction or change in floor area of a building or structure that does not increase gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this Code.

Step 1: Application. The applicant shall submit an application in accordance with § 25-16 and with the provisions of this section.

Step 2: Staff review and decision.

Step 1: Application. The applicant shall submit an application in accordance with § 25-16 and with the provisions of this section.

Step 2: Staff review and transmission to the Planning and Zoning Commission. Upon determination that a site plan application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Planning and Zoning Commission prior to the meeting where the application is to be reviewed.

Step 3: Review and recommendation by the Planning and Zoning Commission.

Step 4: Review and decision by the City Council.

Provision of landscaping that is of an equal or higher quality than is possible under the regulations otherwise applicable to the property. Quality includes vegetation that is appropriate for the climate as well as quantity.

Functional and beneficial uses of open space areas and preservation and protection of natural features of a development site, inclusive of preservation, planting, maintenance, restoration, protection and survival of desirable tree canopy areas within a development site.

Consideration of the impact on neighboring residential properties resulting from nonresidential uses within the development, including but not limited to protecting the existing neighborhood assets and quality of life.

Rational and cost-effective development in relation to public services and the installation and maintenance of public and private infrastructure by reducing the distance utilities are extended and installed, and/or by reducing the width and length of streets.

Design for efficient and effective traffic circulation, both within and adjacent to the development site, and the encouragement of pedestrian and nonmotorized pathway utilizing site features compliant with the land use plan.

Providing safe access to the development for all users, including pedestrians, cyclists, and individuals with disabilities.

To decrease or minimize negative stormwater impacts by reducing the amount of impervious surfaces in site development.

Consideration of the impact on nearby historic districts and landmarks, whether designated locally or nationally.

The development is consistent with recommendations in the approved Comprehensive Plan and other plans and policies adopted by the City;

The development complies with all the requirements of this Code, and other related codes and ordinances enforced by the City;

The development complies with the applicable zoning district regulations;

The development meets all the requirements or conditions of any applicable development approvals (e.g., special use approvals, variance approvals, etc.);

The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;

The development will preserve and be sensitive to the natural characteristics, including topography, of the site in a manner that complies with the applicable regulations set forth in this Code and is not designed in a manner that will adversely affect the normal and orderly development or improvement of surrounding properties;

The application includes a reasonable plan and guarantees for the private care and maintenance of all open spaces or green spaces;

The site plan takes into consideration the impact on nearby historic districts and landmarks, whether designated locally or nationally;

Adequate provision is made for safe and efficient pedestrian, bicycle, and vehicular circulation within the site and to adjacent property;

The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;

The landscaping and buffering will be preserved in its natural state, insofar as reasonably practicable, by minimizing tree and soil removal, and by topographic modifications that result in harmony with adjacent areas giving consideration to the landscape requirements set forth in Article VIII, Landscaping and Buffering Standards;

The design of the site surface drainage provides for the reasonable removal of stormwater so as not to adversely affect neighboring properties;

All structures have access to a public street, walkway or other area designated for common use;

The proposed development does not adversely affect off-site public services, including sewer, water, and streets, nor adversely affect the character of the neighborhood, nor adversely affect the general welfare of the community;

Pedestrian and cyclist connectivity will be provided in accordance with the Kirkwood Pedestrian and Bicycle Plan;

Fences and walkways are used, as appropriate, for the protection and enhancement of property, for the safety of pedestrians, and for the privacy of its occupants and occupants of adjacent property;

Points of ingress/egress to the development are controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;

Adequate provision is made for emergency vehicle access and circulation; and

If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.

An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only if the new ownership entity satisfies the administrative, financial, legal, and all other performance guarantees approved with the original site plan.

All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Code.

In the event an applicant desires to present a site plan identifying the construction of a complex of buildings and site improvements to be developed over an extended period of time, a detailed site plan shall be submitted for approval by the Planning and Zoning Commission and City Council in accordance with this section for each specific building project. The site plan shall include a proposed time schedule for each phase of the project.

Such detailed site plans may be submitted in advance of or in conjunction with an application for a building permit.

Of primary importance in this review will be a determination that the detailed site plan complies with the site plan approval for the total development or project.

In instances of phased development, the portions of the site not under active construction shall be maintained according to all City codes and in no way shall the active construction cause the remaining portions to become a property maintenance issue.

Within 12 months of the date the site plan is approved, the applicant shall be required to gain approval of a building permit for the relevant work and have commenced substantial construction. Failure to comply with this timing shall result in the expiration of the site plan approval unless an alternative time schedule has been approved as part of a phased development [See § 25-19(k).] or as part of a development plan approval, where applicable.

The City Council may, by resolution, grant up to two extensions not exceeding 12 months each upon written request submitted no later than 30 days prior to the date such site plan approval shall expire. Such written request shall include the original application, documentation of a need for a time extension, and a filing fee in accordance with § 25-16. The City Council shall have the authority in such cases to attach new conditions to its reapproval or disapprove the reapplication. Where the application for reapproval contained changes that the City Council concludes materially alter the initial application, it shall refer the application to the Director of Public Services who shall initiate a new site plan review procedure in accordance with the provisions herein.

This section shall apply to all applications for establishment of a new special use.

This section shall also apply to any proposed change, modification, enlargement, or alteration of an approved special use, or the site development conditions, or operations of an approved special use unless the Director of Public Services determines that the alteration is minor in nature, in which case, the alteration can be reviewed through the building permit application.

A special use permit application shall be reviewed in the same manner as a major site plan review, as set forth in § 25- 19(e), except that the City Council may approve, approve with modifications or supplementary conditions, or deny the application by ordinance.

Any notifications required for public meetings and public hearings shall be as set forth for special use permits in § 25-16(i) and § 25-16(j), as applicable.

In reviewing the application, the Planning and Zoning Commission and City Council shall, at a minimum, consider the reports and opinions transmitted by the Director of Public Services and the review criteria for site plans as established in this section. City Council shall also consider any recommendation from the Planning and Zoning Commission.

As part of City Council's public hearing, City Council shall determine whether such buildings, structures, or use will:

The proposed special use is established as an allowed special use in the applicable zoning district;

The proposed use and design are consistent with the general purpose of this Code;

The proposed use complies with any use-specific standards as may be established for the special use;

Any building or structure constructed, reconstructed, or altered as part of a special use in a residential zoning district shall, to the maximum extent feasible, have an exterior appearance that the Planning and Zoning Commission and City Council deem compatible with surrounding residential buildings in scale, height, and massing.

The special use shall have suitable landscaping, screening, and fencing wherever deemed necessary by the Planning and Zoning Commission and City Council to protect surrounding uses;

The proposed use will comply with all applicable development standards subject to provisions for waivers and/or variances as established in this Code;

The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;

The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

The circulation on and access to the property shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;

The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and

Wherever no specific areas, frontage, height, or setback requirements are specified in the requirements for a specific special use, then such use shall be subject to the site development standards for the applicable zoning district.

The City Council may impose additional conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the special use will meet the intent and purposes of this Code.

All activities, programs, and other events proposed on plans shall be directly related to the special use so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

A special use permit approval shall be deemed to authorize only one particular special use, and said permit shall automatically expire if, for any reason, the special use shall be voluntarily abandoned for more than 120 consecutive days.

The applicant shall have commenced operation of the special use or commenced construction of the special use within one year of the approval of the special use permit or the special use approval shall expire.

The applicant may seek to extend the expiration date established in the subsections above by submitting a request to City Council, in writing, no later than 30 days prior to the date such special use approval will expire. The City Council may extend such application for an additional one year from the anticipated date of expiration, unless the conditions pertaining to the granting of such special use permit have materially changed and such special use permit would not have been granted if an original application were then submitted. Subsequent one-year extensions may be granted; provided, however, that no more than three such extensions may be granted. No special use permit shall be deemed to terminate pending consideration by the City Council of a timely filed application for extension.

Unless expressly authorized at the time of the granting of a special use permit, or upon subsequent application after notice and hearing in the same manner as provided for in the original application, all construction and site development shall be completed within 18 months after the issuance of the related building permit or the special use permit shall expire.

As part of the special use approval, the City Council may authorize alternative time limits for building permit issuance based on the scale of the proposed development.

Upon expiration of a special use approval, a new application, including all applicable fees, shall be required before a special use application will be reviewed.

The Architectural Review Board is responsible for architectural review in the City of Kirkwood, except for those single-family projects which require review by the City's Landmarks Commission, and its decisions are either advisory or binding based on the types of the buildings, structures, and/or signs as defined herein. No building permit for construction, reconstruction, expansion, or other changes to exterior elements of buildings and structures; and/or the installation of signs shall be issued without a decision of the Architectural Review Board as set forth in this Section unless otherwise stated.

The following development and activities are exempt from architectural review by the Architectural Review Board:

Step 1: Application.

Step 2: Staff review and transmission to the Architectural Review Board. Upon determination that an Architectural Review Board application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Architectural Review Board prior to the meeting where the application is to be reviewed.

Step 3: Architectural Review Board review and decision.

The proposed development complies with all the requirements of this Code and other related codes and ordinances enforced by the City;

The proposed development incorporates any applicable guidelines (See Article VII, Architectural Guidelines.) to the maximum extent feasible;

The application is appropriate to the preservation of the environmental, architectural, or historic character (if applicable) of the structure and property pursuant to the design criteria found in this Code; and

The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., planned development approvals, special use approvals, variance approvals, etc.).

Within 12 months of the date the architectural review application is approved, the applicant shall be required to gain approval of a building permit for the relevant work and have commenced substantial construction. Failure to comply with this timing shall result in the expiration of the architectural review approval unless an alternative time schedule has been approved by the Architectural Review Board.

The Architectural Review Board may grant up to two extensions not exceeding 12 months each upon written request submitted no later than 30 days prior to the date such architectural review approval shall expire.

§ 25-52, Outdoor lighting;

Article VII, Architectural Guidelines;

Article VIII, Landscaping and Buffering Standards; and

Article IX, Parking, Access, and Mobility Standards.

Any alternative equivalency review application related to an architectural guideline shall be reviewed by the Architectural Review Board as part of the architectural review application.

All other alternative equivalency review applications shall be reviewed by the Planning and Zoning Commission and City Council as part of a development plan (if applicable) or site plan review application.

Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.

Step 2: Staff review and transmission to the applicable board or commission. Upon determination that an alternative equivalency review application is complete, the Director of Public Services shall distribute the application to the Architectural Review Board or the Planning and Zoning Commission, as applicable.

Step 3: Board review and decision.

That the proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;

That the proposed alternative achieves the goals and policies of the Comprehensive Plan to the same or better degree than the subject standard;

That the proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and

That the proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code.

An approval of an alternative equivalency review application shall expire if the related site plan approval or building permit expires.

Upon expiration of an alternative equivalency review approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.

The Director of Public Services may grant administrative waivers for any area or dimensional regulation that does not exceed 10% of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.

An administrative waiver may only be requested for applications related to the expansion or alteration of an existing principal or accessory building or structure on a lot where the principal use will be a single-family dwelling. Administrative waivers shall not be considered for the new construction of a building or structure.

An administrative waiver for a minimum lot area or lot width requirement is prohibited.

The applicant shall be required to apply for a variance for any waiver request that exceeds 10% or other variations from the Code that do not qualify for administrative waivers.

Waivers for a side yard setback in the R-3 District that result in a setback of less than eight feet are not eligible for consideration. Waivers for a side yard setback in the R-4 District that result in a setback of less than five feet are not eligible for consideration.

Administrative waivers shall be reviewed as part of the building permit review.

In making a decision on the administrative waiver, the Director of Public Services shall approve, deny, or refer the application to the Board of Adjustment. All granted waivers shall be reported quarterly to the Board of Adjustment.

In approving an administrative waiver, the Director of Public Services may impose conditions as they may determine are required to ensure compliance with the standards of this administrative waiver section and the purpose of this Code. Any conditions established by the Director of Public Services shall relate directly to the requested administrative waiver.

Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.

Step 2: Staff review and transmission to the Board of Adjustment. Upon determination that a variance application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Board of Adjustment prior to the meeting where the application is to be reviewed.

Step 3: Board of Adjustment review and decision.

Area or dimensional variance. Where an applicant is seeking an area or dimensional variance, the following factors shall be considered and weighed by the Board of Adjustment to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.

Use variance. In order to grant a use variance, the Board of Adjustment shall determine that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:

The applicant shall submit a completed application for a building permit within one year of the date the variance was approved or the approval shall expire unless an alternative schedule was approved by the Board of Adjustment in its approval.

Any variance granted by the Board of Adjustment that does not require an application for a building permit is automatically rescinded after one year from the date of the Board of Adjustment's decision if no use of the variance is made within the one-year period.

The Director of Public Services shall notify the Board of Adjustment of all variances which are rescinded.

Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a new variance will be reviewed.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization, as defined in Section 32.105, RSMo., representing such person or persons, or any officer, department, board or bureau of the City, may present to the circuit court having jurisdiction in St. Louis County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the Board of Adjustment.

Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

An appeal may be made where it is alleged there is an error in any order, requirement, decision, or determination made by the Director of Public Services, or any other administrative official given the authority to make such order, requirement, decision, or determination by this Code.

An appeal may not be made to the Board of Adjustment when the Planning and Zoning Commission is making a recommendation to City Council as part of a legislative action, such as a code text or map amendment.

Step 1: Submission of appeal. The aggrieved party must file an application to appeal within 30 days of the order, requirement, decision or determination appealed from. The application to appeal must be filed with the Director of Public Services and with the Board of Adjustment specifying the grounds for appeal.

Step 2: Forwarding of the record to the Board of Adjustment. Upon receiving the written appeal of an administrative decision or determination, the Director of Public Services or other staff member responsible for maintaining the related records shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Board of Adjustment. This material shall be included in the record of the appeal.

Step 3: Board of Adjustment review and decision.

For the purposes of this Code, a minor subdivision includes a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with the following requirements.

A minor subdivision process shall be applicable for the creation of condominium plats as defined by Chapter 448, RSMo.

A minor subdivision process shall be applicable for boundary adjustments that result in or create no additional lot.

Where the City Council has approved a development plan in the B-4 or B-5 District that includes the subdivision of land into any number of lots and where the subject development plan includes a cross-easement agreement or other form of agreement, such subdivision of land may be reviewed as a minor subdivision, provided that the property remains under the terms and conditions of the development plan.

All other forms of land subdivision and/or public improvements shall be subject to the provisions of § 25-27.

No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations.

Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.

The Director of Public Services shall not issue building permits for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.

Step 1: Application.

Step 2: Review and decision by the Director of Public Services and City Clerk.

That the application complies with all applicable provisions of this Code;

That the application complies with all other applicable regulations and plans of the City;

That the Director of Public Services and any other applicable review agencies have no objections that cannot be resolved by the applicant; and

For condominium plats, such plat shall comply with the requirements of a condominium plat as established by Chapter 448, RSMo.

No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations.

Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.

The Director of Public Services shall not issue building permits for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.

Step 1: Sketch plan consideration (optional).

Step 2: Application and filing of a preliminary plat. The developer or subdivider shall submit an application and preliminary plat in accordance with § 25-16, and with the provisions of this section.

Step 3: Staff review and transmission to the Planning and Zoning Commission. Upon determination that a preliminary plat application is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Planning and Zoning Commission prior to the meeting where the application is to be reviewed.

Step 4: Review and recommendation by the Planning and Zoning Commission.

Step 5: Review and decision by the City Council.

Step 6: Application and filing of a final plat.

Step 7: Staff review and transmission to the Planning and Zoning Commission. Upon determination that a final plat application, including the improvement plans, is complete, the Director of Public Services shall distribute the application and any related reports and documentation to the Planning and Zoning Commission prior to the meeting where the application is to be reviewed.

Step 8: Review of improvement plans and decision by the Director of Public Services.

Step 9: Review and recommendation by the Planning and Zoning Commission.

Step 10: Review and decision by the City Council.

Preliminary plat review criteria. Decisions on preliminary plat applications shall be based on consideration of the following criteria:

Final plat review criteria. Decisions on final plat applications shall be based on consideration of the following criteria:

Improvement plans review criteria. In order to approve improvement plans, the Director of Public Services shall determine the following:

No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning and Zoning Commission and City Council unless the plat is first resubmitted and the changes approved by the Planning and Zoning Commission and City Council, or unless otherwise authorized under this section.

If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Director of Public Services. The Director of Public Services may require that a revised preliminary plat be submitted for reapproval following the review procedure in § 25-27(d), above if the changes significantly alter the design of the subdivision.

During the final plat process, the Director of Public Services is authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This shall not give the Director of Public Services the authority to vary the requirements of this Code.

If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans or construction drawings, the subdivider shall submit the modified improvement plans or construction drawings to the Director of Public Services, who, if in agreement with such modifications, shall affix their signature to these drawings indicating approval of the modifications.

All subdivision applications for areas located within the flood hazard areas as that term is defined in the City of Kirkwood Municipal Code shall be reviewed with respect to the following criteria:

No subdivision application for areas located within a flood hazard area shall be approved by the City Council without a favorable finding of fact with respect to each criterion set forth in § 25-27(g)(1), above.

Preliminary approval by the City Council shall confer upon the applicant the following rights for a one-year period from the date of approval:

Where the applicant proposes to subdivide a tract of land in several stages, over a period of years, the preliminary plat shall illustrate the entire subdivision as a whole and include a proposed phasing plan. Such phasing plan shall identify the sections of the subdivision to be developed along with related time frames for completion. If City Council approves such phased plan, the applicant may submit a final plat and improvement plans for individual phases of the subdivision in accordance with the approved phasing plan.

Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land, including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or applicants in general.

Applicability.

Subdivision modification review.

Review criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in § 25-24(c).