Standardized Forms. Requests for development approvals required by these regulations shall be made on applications provided by the City. The City may promulgate submittal requirements, instructions for completing forms, internal procedures for acceptance and filing of applications, and provisions for waiver by establishing administrative guidelines. Additional information may be required for particular applications. These application forms, procedures, completeness requirements, and provisions shall be adopted as administrative rules and regulations by the Board of Aldermen.

Application Submission. All development applications shall be submitted to the Zoning Administrator.

Fees. At the time the development approval application is submitted, the applicant shall pay to the City all fees as required and adopted by the City. The fees are not transferable to other properties nor are they refundable. Refunds shall be granted if the fees collected are in excess of the amount required at the time of filing and such excess is not due to a substantial design change from that which was indicated on the initial application, or if an error in the fee calculation is discovered. If a development application has not been deemed complete within six (6) months from the date of the application, the application shall be dismissed. Reapplications shall require the payment of fees.

Pre-Application Conference. Before filing any application, the applicant may request a pre-application meeting with the Zoning Administrator to discuss the procedures and requirements of the application.

Determination Of Complete Application. The Zoning Administrator shall review all applications for development approval for completeness. No application shall be considered complete until all items required by the applicable Sections of these regulations in support of the application shall have been submitted, and all fees paid. Incomplete applications shall be returned to the applicant with a statement as to what sections are incomplete, and no action taken until any deficiencies are remedied. Complete applications shall be processed according to this Chapter. Failure by the Zoning Administrator to make a determination of completeness within fourteen (14) days of the submission of the application shall result in the application being deemed complete. Any resubmittal after a determination that an application was incomplete shall start a new fourteen-day review period. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter.

Processing Of Application And Report. Within thirty (30) days after the determination that an application for development approval is complete or is deemed complete under this Chapter, the Zoning Administrator shall review the application, forward the application for review to the Planning and Zoning Commission, Board of Adjustment or Board of Aldermen as may be required and prepare a report. Any written report of the Zoning Administrator or City staff shall be made available to the applicant not less than five (5) days prior to the public hearing. For those development approval applications for which a public hearing is required, the Zoning Administrator shall, within thirty (30) days, schedule the matter for public hearing and/or decision within the time and in the manner required by this Chapter.

Official Filing Date. The time for processing and acting on development approval applications or development permits shall commence on the date that a complete application has been filed, together with all required reports thereon, with the Secretary of the approval body. Modification of any application by the applicant following the filing of the application and prior to the expiration of the period during which the City is required to act shall extend the period for a like time following the Zoning Administrator's determination that the modified application is complete and the application is refiled.

Amendments. Amendments to development approval applications shall be approved in the same manner as the original development application, except as otherwise provided for amending plats or replats herein.

Withdrawal. Once filed, a development approval application may be withdrawn upon a written notice of withdrawal to the Zoning Administrator. The thirty (30) day time limitation shall cease on the date that the notice is received by the Zoning Administrator; however, the Zoning Administrator may elect to present a withdrawal request to the Planning and Zoning Commission for consideration.

Contents. Any notice of a public hearing required by the provisions of these regulations shall contain the following information:

Publication. Where notice by publication is required by these regulations or by State law, such notice shall be published once in a newspaper of general circulation in the City at least fifteen (15) days before the public hearing.

Mailed Notice. Where notice by mail ("mailed notice") is required by these regulations or the provisions of State law, such notice shall be sent, at the applicant's cost, by regular United States mail to the owners of all real property located within one hundred and eighty-five (185) feet from exterior boundaries of the property which is the subject of the development application. The owners of real property to whom notice must be sent shall be determined by a title company, at the expense of the applicant. If any of the real property within the notification area is part of a homeowners' association or similar association, the president or agent of the homeowners' association or similar association must be sent mailed notice as well.

Notice Provisions. In addition to the requirements for notice by publication and/or mail, the Zoning Administrator shall post a sign along every street frontage on the property which is subject to the application. Such signs shall be posted at least fifteen (15) days prior to the hearing, and shall not be removed until after the public hearing. If any sign is removed from its posting by anyone other than the City, then the City shall repost the sign once in the seven-day period prior to the scheduled public hearing, and should the sign be removed a second time by anyone other than the City, then the City shall not be obligated to repost the sign, and the public hearing will proceed as scheduled and previously posted.

Notification Of Appeal. Whenever appeal is taken from a final decision on a development approval application following a public hearing, the applicant or owner shall give notice by mail in accordance with the provisions of these regulations at the expense of the applicant.

Notification Of Revocation. Whenever the City determines to revoke a development permit whether or not it was obtained following a public hearing, the City shall give notice of such action to the property owner of the property which is the subject of the revocation, and the Board of Aldermen shall hold a public hearing on such revocation prior to its determination.

Cost Of Notice. All actual costs incurred by the City in preparing and publishing the notice required by these regulations shall be paid by the applicant prior to publication or mailing of such notice according to a schedule of fees established by the Board of Aldermen.

Setting Of The Hearing. For every application for a development approval for which a public hearing is required by these regulations or State law, when the Zoning Administrator determines that a development approval application is complete, the Zoning Administrator shall schedule a public hearing on such application, and shall cause notice of such hearing to be provided pursuant to the requirements of these regulations.

Examination And Copying Of Documents. All applications, and the materials submitted in support of such applications, shall be available for public inspection during normal business hours. Copies of such material shall be made available at the cost of the person requesting the copies.

Conduct Of Hearing. Any person or persons may appear at a public hearing and submit relevant evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his/her name, address, and, if appearing on behalf of an organization, the name and mailing address of the organization for the record. The body conducting the hearing shall exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through submission of written questions to the Chairperson of the body conducting the hearing, at the Chairperson's discretion, which shall not be unreasonably withheld.

Order Of Proceedings. The order of proceedings shall be as follows:

Record Of Proceedings. The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the Board of Aldermen may, from time to time, prescribe by administrative rules or regulations. A copy of such record shall be provided to any person upon written request to the Secretary of the body conducting the hearing and payment of a fee set by the Board of Aldermen to cover the cost of duplication of the record of the proceedings. The record of proceedings may include any or all of the following: tapes of all proceedings, including testimony and statements of personal opinions, the minutes of the Secretary, all applications, exhibits and papers submitted and any proceeding before the body, all staff and advisory body or Commission reports and recommendations, and the decision and report(s) of the body before which the hearing is conducted. All records of the body shall be public records, open for inspection during normal City business hours and upon reasonable notice.

Continuance Of Proceedings. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. No renotification shall be required if a hearing is continued. An applicant shall have the right to request and be granted one (1) continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the hearing only upon good cause shown. The total time period for which proceedings may be continued, including the original hearing period, shall not exceed one hundred eighty (180) days.

Additional Rules. Where appropriate, other provisions of the Lake Lotawana Code applicable to the body conducting the hearing and any of the body's adopted administrative rules or regulations as long as the same are not in conflict with this Chapter. The body conducting the hearing may adopt administrative rules and regulations to limit the number of applications for development approval which may be considered at a single meeting and the time for each presentation.

Reapplication Following Denial. Whenever any development approval application is denied for failure to meet the substantive requirements of these regulations, an application for development permit for all or a part of the same property shall not be considered for a period of one (1) year from the date of denial unless the subsequent application involves a proposal that is materially different from the previously denied proposal or unless a majority of the body charged with conducting the initial public hearing determine that the prior denial was based upon a material mistake of fact. The body charged with conducting the initial public hearing shall determine if the new application is materially different from the original application.

Administrative Appeals. Any person, including any officer or agency of the City of Lake Lotawana, aggrieved by a final determination on a development approval application by the Zoning Administrator or other approval body may appeal such final determination to the administrative body designated to hear such appeal. A written appeal must be filed with the Secretary or Clerk of the body hearing the appeal within thirty (30) days after the final decision is filed with the Secretary or Clerk to the body. The appeal shall contain a written statement of the reasons why the final decision is erroneous, and shall be accompanied by the fee established by the Board of Aldermen. The appeal shall be heard at a public hearing within thirty (30) days after the filing of the appeal. The administrative body hearing the appeal may affirm, reverse or modify the decision from which appeal was taken within thirty (30) days after the date the hearing is closed. The appellate body may attach such conditions as it considers reasonably necessary.

Time Of Expiration. Any development approval shall be valid for one (1) year from the date of approval, unless a shorter period of validity is otherwise set forth in these regulations, unless extended as provided in this Section. Development approvals shall automatically expire and become null and void, and all activities pursuant to such development approval thereafter shall be deemed in violation of these regulations, if the applicant has violated or has failed to comply with any condition that was imposed as part of the final approval of the development application, or that was contained in a development agreement entered into between the applicant and the City.

Extension Of Time. Unless otherwise prohibited by State law or these regulations, the Zoning Administrator may extend the time for expiration of a development approval, for a period not to exceed one (1) year, upon a showing of good cause by the applicant, if application for extension is made in writing within the original period of validity. An extension for a period in excess of one (1) year shall be granted only by the body which granted the original development approval. A determination by the final decision-maker on whether to extend such development approval for a period exceeding one (1) year shall be made in accordance with procedures set forth in these regulations for original approval of the particular development approval for which extension is requested. No extension may be granted by the Zoning Administrator or by the approval body for a period exceeding any time limits established by State law.

Initial Findings By Zoning Administrator. If the Zoning Administrator determines, based upon inspection, that there are reasonable grounds for revocation of a development approval authorized by this Chapter, the Zoning Administrator shall schedule a public hearing before the original decision-maker. If the decision was made by the Zoning Administrator, the hearing shall be conducted by the Board of Adjustment.

Notice And Public Hearing. Notice shall be given in the same manner provided for the original application.

Decision And Notice. Within ten (10) days from the conclusion of the hearing, the decision-maker shall render a decision, and shall notify, in writing, the holder of the approval.

Effect And Appeals. A decision to revoke a development approval shall become final fourteen (14) days after the date notice of the decision was given, unless appealed. After such effective date, all activities pursuant to such approval thereafter shall be in violation of these regulations. Appeal from the decision to revoke the approval shall be to the Board of Aldermen. Where the Board of Aldermen made the decision to revoke the approval, appeal shall be taken to the Circuit Court of Jackson County.

City's Right Cumulative. The City's right to revoke a development approval, as provided in this Chapter, shall be in addition to any other remedy allowed by law.

Public Hearing And Recommendation By Planning And Zoning Commission. Whenever the Planning and Zoning Commission is required by Missouri law or these regulations to make a recommendation to the Board of Aldermen concerning a development approval application, the Planning and Zoning Commission shall conduct a public hearing. The public hearing shall be held within the time frame established by these regulations. If no specific time frame is established by this Title for such hearing, the hearing shall be held within thirty (30) days after the day the completed application is filed with the Secretary of the Planning and Zoning Commission by the Zoning Administrator, unless the applicant agrees to a later hearing date. If no public hearing is required, the Planning and Zoning Commission shall consider the matter at a regularly scheduled public meeting. The Planning and Zoning Commission's written recommendation, if any, together with the staff report and recommendation, if any, shall be filed with the Clerk of the Board of Aldermen within ten (10) days of the date the Planning and Zoning Commission's recommendation is made.

Decision By Planning And Zoning Commission. If the Planning and Zoning Commission has been delegated final decision-making authority for a development approval application pursuant to these regulations, whether by original jurisdiction or upon appeal, it shall decide whether to approve, conditionally approve or deny the application at a hearing following receipt of the report and recommendation of the Zoning Administrator or staff. The Planning and Zoning Commission shall prepare a written statement setting forth the findings of fact and conclusions establishing the basis for its decision and shall mail a copy of such decision to the applicant at the address on the application and shall file same with the Clerk of the Planning and Zoning Commission within ten (10) days of the decision.

Appeal. For those development approval applications where the Planning and Zoning Commission has decision-making authority, an applicant may appeal any decision of the Planning and Zoning Commission to the Board of Aldermen by giving notice of the appeal to the Board of Aldermen within thirty (30) days of the decision of the Planning and Zoning Commission.

Public Hearing By Board Of Aldermen. Whenever the Board of Aldermen is required by State law or these regulations to review and decide upon a development approval application, the Board of Aldermen shall conduct a public hearing, if required to do so by these regulations or State law. The public hearing shall be held within the time frame established by these regulations or the applicable Statute. If no specific time frame is established for such hearing, the hearing shall be held within thirty (30) days after the day the recommendation of the Planning and Zoning Commission is filed with the Clerk to the Board of Aldermen. If no public hearing is required, the Board of Aldermen shall consider the matter at a regularly scheduled public meeting.

Decision By The Board Of Aldermen. If the Board of Aldermen is the final decision-making authority for a development application pursuant to these regulations, whether by original jurisdiction or on appeal, it shall decide whether to approve, conditionally approve or deny the application at a public hearing following the receipt of the recommendation of the Planning and Zoning Commission. If a public hearing is required by these regulations prior to a decision, the hearing shall be conducted in the manner provided in these regulations. The decision shall contain the Board of Aldermen's findings of fact and conclusions establishing the basis for the decision. Written notice of the decision shall be sent by first class mail to the applicant, at the address set forth on the application, within ten (10) days of the decision.

Appeal. An applicant may appeal any decision of the Board of Aldermen to the Circuit Court of Jackson County within six (6) months of the decision.

Authority To Condition Development Approvals. The Planning and Zoning Commission, Board of Adjustment or Board of Aldermen may impose on any approval of a development application such conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in these regulations.

Record And Notification Of Conditions. The Zoning Administrator shall include a copy of the conditions attached to approval of the development application with the record of the decision which is filed with the Secretary of the final decision-maker or the Clerk of the Board of Aldermen.

Performance And Payment Agreement Assurances. No development approval shall be approved unless a payment and performance surety agreement, bond or letter of credit is provided, as determined by these regulations.

Time Extension. An applicant may request an extension of the time for performance by submitting a written request and justification to the Zoning Administrator at least thirty (30) days prior to the time limit set out in the performance or payment agreement. Each request shall be accompanied by a filing fee as adopted by the City. A guarantee, in an amount sufficient to cover the cost of remaining site improvements, together with assurance of payment of all providers of loans material or work, shall be required if necessary in order for an extension to be granted. Such guarantee must be filed within thirty (30) days of the granting of the extension or the extension shall become null and void. Should the granting of such extension require the filing of any instruments, the fees for recording such instruments shall be paid by the developer to the Zoning Administrator. Time extension requests which do not meet the following criteria or which are not approved by the Zoning Administrator shall be considered by the Planning and Zoning Commission whose decision shall be final. The Zoning Administrator is authorized to approve time extensions which meet the following criteria after consultation with all affected departments and utilities:

Guarantee Type. As is provided for in this Chapter, a development approval may be filed for record before the required site improvements are completed if one (1) of the following guarantees of performance and payment is filed with the City Clerk within three (3) years after the plat has been approved by the Planning and Zoning Commission:

Performance Bond. A performance and payment bond shall be executed by a surety company licensed to do business in the State in an amount equal to the cost estimate, as approved by the Director of Public Works, of all uncompleted and unaccepted improvements required by these regulations (other than gas and electric lines), with the condition that the developer shall complete such improvements and have them accepted by the Director of Public Works within three (3) years from the date of approval. The Zoning Administrator and the Director of Public Works are authorized to sign the bond instrument on behalf of the City, and the City Attorney shall approve the same as to form.

Trust Agreement. The developer shall cause to be placed in a trust account on deposit in a bank or trust company or with a qualified escrow agent selected by the developer and approved by the Director of Public Works a sum of money equal to the cost estimate, as approved by the Director of Public Works, of all uncompleted and unaccepted site improvements (other than gas and electric lines) required by these regulations. The Zoning Administrator and the Director of Public Works are authorized to sign the bond instrument on behalf of the City, and the City Attorney shall approve the same as to form.

Letter Of Credit. The developer shall provide an irrevocable letter of credit in an amount equal to the cost estimate, as approved by the Director of Public Works, of all uncompleted and unaccepted site improvements and payment obligations (other than gas and electric lines) required by these regulations. The Zoning Administrator and the Director of Public Works are authorized to sign the bond instrument on behalf of the City, and the City Attorney shall approve the same as to form.

Cash Or Cashier's Check. The developer shall provide to the City cash or a cashier's check in an amount equal to the cost estimate, as approved by the Director of Public Works, of all uncompleted and unacceptable site improvements and payment obligation (other than gas and electric lines) required by these regulations. Upon completion of the required site improvements and their acceptance by the Director of Public Works, the amount will be refunded to the developer by the City.

Substituting Guarantees. When a developer has given security in any of the forms hereinabove provided, and when fifty percent (50%) of the required site improvements has been completed and accepted by the Director of Public Works, and all obligations paid, or whenever any segment or segments of the required site improvements have been completed and have been accepted by the Director of Public Works, the developer may substitute for the original guarantee a new guarantee in an amount equal to the cost of the remaining site improvements. The cost estimate shall be approved by the Director of Public Works. Such new guarantee need not be in the same form as the original guarantee so long as such guarantee is one (1) that is listed in this Section. However, in no event shall the substitution of one (1) security for another in any way change or modify the terms and conditions of the performance agreement or the obligation of the developer as specified in the development agreement.

Supplementary Guarantees. Supplementary guarantees may be required as follows:

Release Upon Completion Of Site Improvements. Upon completion of the required site improvements, together with payment of all obligations and acceptance by the Director of Public Works, an instrument releasing the applicant from the provisions of the performance and payment agreement shall be filed by the Zoning Administrator with the County Recorder.

Purpose. The provision of adequate data concerning on- and off-site land use, environmental conditions, and utility requirements, traffic impact, and the adequacy and concurrency of streets, storm water management, parks, fire, police, emergency services, libraries, public sewer and water facilities is vital to ensure the continued health, safety and welfare of the City's residents. The City will require the submission of key planning and engineering information, as specified within these regulations, and may require the submission of project-specific reports or studies, such as an environmental impact report, traffic impact report or needs assessment, as appropriate. The purpose of this Section is to enable the City and owner or developer to collaborate in the processing of applications in order to enhance planning and timeliness of subdivision processing and review, promote public participation in the land use regulation review process and the land use decision-making process, promote neighborhood involvement and encourage neighborhood associations and interested citizens to review land use issues involving their community, and provide information on and to streamline the business and real estate development process.

Applicability. The owner of a tract of land located within the City who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to develop buildings or lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this Subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. The division of a tract of land for any of the purposes specified herein does not require a transfer of title of all or part of the tract. No person shall subdivide any tract of land except in conformity with the provisions of these regulations. The decision-making entity shall approve a plat if it conforms to:

The major subdivision site plan will be used to determine if the proposed development is in compliance with current regulations and the Comprehensive Plan, and to ensure adequate traffic circulation within the property to be developed as well as to and from adjoining properties. The major subdivision site plan also will serve as a source of information for the City to use in its planning activities. A major subdivision site plan shall be required when a tract of land within the City is to be zoned, rezoned and/or platted and meets one (1) or more of the following criteria:

An application for a minor subdivision is intended to recognize that the site plan review process required for a major subdivision can be reduced for small scale projects that are most heavily impacted by cost of producing and reviewing this data, allowing the City to provide alternate procedures for simple resubdivisions, lot splits, and the platting of existing development and of land proposed for site development where public improvements are not required. Applicants for subdivisions or resubdivisions creating no more than three (3) new lots for which no new public improvements are needed may follow the procedure for minor subdivision set forth in Section 405.150(B), provided that the subdivision meets all of the following criteria:

The Planning and Zoning Commission and/or the Board of Aldermen may require that a development application submitted as a minor subdivision be resubmitted as a major subdivision if a determination is made that the development application is inconsistent with any element of the Comprehensive Plan, as amended, any established City codes or policies, or these regulations.

Any further lot splits shall be treated as major subdivisions, where the cumulative number of lots, parcels or tracts equals three (3) or more.

Major Subdivisions. All subdivisions, except minor subdivisions, are subject to the following four (4) step approval process:

Minor Subdivisions. Minor subdivisions are subject to the following three (3) step process:

No person may subdivide land except in accordance with all of the provisions of these regulations. Except as exempted in these regulations, the following acts are prohibited:

Applicants exempt from subdivision plat approval may be subject to development approval requirements as required in these regulations. The following divisions of land shall be exempt from these subdivision regulations:

Upon the written request of an owner of land, an entity that provides utility service, or the Board of Aldermen, the Zoning Administrator shall make the following determinations within fourteen (14) days after receipt of such request and shall issue to the requesting party a written certification of that determination:

Purpose. Citizen participation encourages applicants to be good neighbors and allows for informed decision-making. The purpose of citizen participation is to:

Applicability. It is the policy of the City to encourage applicants to meet with property owners of surrounding neighborhoods prior to filing an application for development approval. Inclusion of citizen participation prior to required public hearings will be noted by the Governing Body when considering the need for a continuance in a given application. An applicant for subdivision or site plan approval who elects to incorporate citizen participation may follow the recommended procedures and submit documentation of such efforts at the earliest feasible time in the process. It is not the intent of this Section to require neighborhood meetings, but rather to encourage meetings prior to the submission of an application for approval and documentation of efforts which have been made to resolve any potential concerns prior to the formal application process.

Recommended Procedures. The applicant should hold at least one (1) meeting with surrounding neighborhoods before formally filing an application. The target area shall include property owners within the public hearing notice area and any neighborhood association which incorporates the subject property and/or is adjacent to the subject property and is registered with the Zoning Administrator.

Report On Implementation Of Citizen Participation. An applicant should provide a written report on the results of its citizen participation effort prior to the filing of an application. The report will be attached to the public hearing report(s). At a minimum, the citizen participation report should include the following information:

Restrictions On Continuances. It is the intent of these regulations to encourage applicants to involve neighborhoods in the development approval process while, at the same time, streamlining the development approval process through the discouragement of continuances. Any person who has received notice of a neighborhood meeting and failed to participate shall not be permitted to request a continuance of any hearing relating to any development approval unless good cause is shown for the failure to participate. For the purpose of this Section, a person will be considered to have received notice if their name appears on the invitation list of the applicant relating to a meeting which was actually held.

Purpose. Before any application for discretionary development approval is made pursuant to these regulations, the owner, the owner's agent, the applicant and/or the owner's surveyor, engineer or land planning consultant (collectively "applicant") shall confer with the Zoning Administrator to discuss procedures and requirements for development approval pursuant to these regulations, and more specifically, the tentative development plans of the applicant. The purpose of the concept plan is to demonstrate conformance with the master plan, compatibility of land use and coordination of improvements within and among individually platted parcels, sections, or phases of a development prior to approval of a preliminary plat.

Applicability. A concept plan shall be required when an applicant is applying for the subdivision of less than the entire, contiguous land area held in common ownership. The concept plan shall illustrate future development of the entire area under common ownership. Where a concept plan is required, no further development applications shall be approved until a concept plan has been submitted and approved.

Concept Plan Contents. The applicant shall prepare a concept plan to be presented to the Zoning Administrator for discussion and review. The following information will be required for a concept plan:

Concept Plan Review.

Submittal Requirements. Applicants for preliminary subdivision plat approval shall submit a complete application and other required materials and information to the Zoning Administrator. The preliminary plat shall be in sufficient detail to convey the applicant's intentions in platting the proposed subdivision. It shall contain a written description of the existing conditions on the tract and the necessary drawings and sketches as required by this Chapter to convey the applicant's plan of development. The plat shall be signed by a registered surveyor.

Filing Procedure. The applicant shall file the following with the Zoning Administrator at least thirty (30) days prior to the Planning and Zoning Commission meeting at which the preliminary plat is to be considered:

Contents. The preliminary plat shall be prepared on a tracing cloth, mylar or similar quality material at a scale of one (1) inch equals one hundred (100) feet or larger), unless specifically waived by the Zoning Administrator, in a size that is a multiple of eight and one-half (8 1/2) inches by eleven (11) inches with a maximum size of twenty-two (22) inches by thirty-four (34) inches. Where a proposed subdivision does not fit on a single sheet, the final plat shall be submitted on two (2) or more sheets of the same dimensions along with an index sheet showing the entire development at a smaller scale. The preliminary plat shall show or have attached the following information:

Application Date.

Commission Review And Approval Procedures. Within thirty (30) days after the submittal of a complete preliminary plat application to the Planning and Zoning Commission, the Commission shall consider and determine the application. Notice of the meeting at which the preliminary plat will be considered shall be published by the City at least once. Following the hearing and within thirty (30) days of submission of the complete preliminary plat, the Planning and Zoning Commission shall recommend approval, disapproval, or approval with conditions together with a written decision, including findings of fact and conclusions, which shall be filed on the next working day with the City Clerk. The Planning and Zoning Commission, with the consent of the applicant, may extend the thirty-day period. Notice of the Planning and Zoning Commission's decision shall be forwarded to the applicant in writing on the date of the filing of the written decision with the City Clerk.

Guidelines For Commission Decision. The Planning and Zoning Commission shall consider the following criteria in making a recommendation on the preliminary plat.

Board Of Aldermen Review And Approval. Following action by the Planning and Zoning Commission, the Board of Aldermen shall review the application and the recommendation of the Planning and Zoning Commission and either approve, conditionally approve, or disapprove the preliminary plat.

Effect Of Preliminary Plat Approval. Preliminary plat approval shall confer upon the applicant, for a period of one (1) year from the date of approval by the Board of Aldermen, the right to proceed to final plat approval and to develop the subject tract or parcel pursuant to the terms and conditions pursuant to which the preliminary plat approval was granted by the Board of Aldermen. The one-year period may be extended by the Planning and Zoning Commission upon written application by the applicant. If no final plat on any portion of a subdivision for which preliminary approval has been granted is approved within said one-year period, or such longer period as the Planning and Zoning Commission may expressly allow, a resubmission of the preliminary plat (or a revised preliminary plat) shall be required pursuant to the then current subdivision regulations and any other applicable land use regulations or requirements. After approval of the preliminary plat, the applicant shall prepare and file construction plans as required for all public facilities and utilities to be provided.

Resubdivision. No development approval shall be granted with respect to any plat which has predated the requirements of these regulations, and the developer, subdivider of such plat or owner shall be required to submit a resubdivision process which shall consist of submission of a concept plan, preliminary and final plat applications. Such predated plat shall be vested as to the size of lots, parcels and tracts, but otherwise shall conform to all other requirements of these regulations.

Construction Plans.

Construction Plan Requirements — General. The construction plan shall be sealed by a professional engineer. Five (5) copies of the construction plans shall be submitted to the Zoning Administrator for review. The construction plans shall be at any scale from one (1) inch equals ten (10) feet through one (1) inch equals one hundred (100) feet, so long as the scale is an increment of ten (10) feet and is sufficiently clear in reflecting details of the proposed construction. Construction plans shall be prepared on twenty-two-inch by thirty-four-inch sheets. The preliminary plat or title page shall be used as the cover sheet for the construction plans. The plans shall include the following information shown on separate sheets:

Public Agency Reviews. Prior to approving the construction plans, the Zoning Administrator shall submit the construction plans to all applicable Federal, State, regional, County, adjacent City and special district reviewing agencies and public utility companies servicing the subdivision or required to review the construction plans. The Zoning Administrator shall forward comments from those agencies to the applicant along with the City's comments.

Timing Of Improvements. No grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change shall commence on the subject property until the applicant has:

Modification Of Construction Plans. All installations of improvements and all construction shall conform to the approved construction plans. If the applicant chooses to make minor modifications in design and/or specifications during construction, such changes shall be made at the applicant's own risk, but only with the written approval of the Zoning Administrator. It shall be the responsibility of the applicant to notify the Zoning Administrator in advance of any changes to be made from the approved drawings. In the event that actual construction work deviates from that shown on the approved construction plans and such deviation was not approved in advance by the Zoning Administrator, the applicant may be required to correct the installed improvements to conform to the approved construction plans. In addition, the City may take such other actions as may be deemed appropriate, including, but not limited to, revocation of plat approval and/or permits already issued and/or withholding of future approvals and permits.

As-Built Drawings.

Failure To Complete Improvements. If no subdivision improvement agreement has been executed and no security has been posted, the failure to complete all required public improvements within the period specified by the City shall result in expiration of plat approval. If a subdivision improvement agreement has been executed and security has been posted and required public improvements are not installed pursuant to the terms of the agreement, the City may:

Submittal Requirements. Applicants for final plat approval shall submit a complete application and other required materials and information to the Zoning Administrator. The final plat shall be in sufficient detail to convey the applicant's ideas and intentions in platting the proposed subdivision. It shall contain a written description of the existing conditions on the tract and the necessary drawings and sketches as required by this Chapter to convey the applicant's plan of development. The plat shall be signed by a registered surveyor.

Filing Procedure. Following approval and prior to the expiration of the preliminary plat, the applicant may continue the subdivision process by filing a final plat. A final plat shall not be accepted for review after the expiration of the preliminary plat. The final plat application shall be filed with the Zoning Administrator thirty (30) days prior to the Planning and Zoning Commission meeting at which the application is to be reviewed and shall contain:

Substantial Compliance With Preliminary Plat. Prior to submitting the final plat to the Planning and Zoning Commission, the Zoning Administrator shall review the plat for substantial compliance with the approved or conditionally approved preliminary plat. If the final plat for a subdivision is found to deviate substantially from the approved preliminary plat, the applicant will be required to submit a new final plat if the deviations are eliminated, or a new preliminary plat if the deviations are retained. If a new preliminary plat is required, the applicant must comply with other applicable land development regulations at the time of resubmittal. Substantial deviations shall include, but are not necessarily limited to, the following:

Contents. The final plat shall be prepared on a tracing cloth, mylar or similar quality material at a scale of [one (1) inch equals one hundred (100) feet or larger], unless specifically waived by the Zoning Administrator, in a size that is a multiple of eight and one-half (8 1/2) inches by eleven (11) inches with a maximum size of twenty-two (22) inches by thirty-four (34) inches. Where a proposed subdivision does not fit on a single sheet, the final plat shall be submitted on two (2) or more sheets of the same dimensions along with an index sheet showing the entire development at a smaller scale. The final plat shall show or have attached the following information:

Commission Review And Approval Procedures. The final plat shall conform as closely as possible to the approved preliminary plat. All improvements and facilities to be provided by the developer shall be approved by the Zoning Administrator and installed prior to the issuance of an occupancy permit, or adequate security in lieu of making improvements shall be provided. All required dedications and easements shall be offered for dedication on the final plat by the applicant before the Planning and Zoning Commission shall approve the final plat; however, approval of the final plat shall not itself constitute acceptance of land for dedication. Acceptance of land dedication requires separate, written approval by the Board of Aldermen.

Commission Guidelines For Decision. The Planning and Zoning Commission shall consider the following criteria in making a decision on the final plat:

Board Of Aldermen Review And Approval. Following action by the Planning and Zoning Commission, the Board of Aldermen shall review the application and the recommendation of the Planning and Zoning Commission and either approve, conditionally approve, or disapprove the final plat. The Board of Aldermen shall, within thirty (30) days following its consideration, render a written decision incorporating its findings of fact and conclusions which shall approve, disapprove or approve with conditions the final plat and shall transmit written notice of its decision to the applicant on the next working day. If the proposed final plat is approved, the Zoning Administrator shall execute the plat. The applicant may then file and record the plat. If the proposed final plat is disapproved, the City Clerk shall, within ten (10) days of the Board of Aldermen action, record the written decision in the minutes of the Board of Aldermen meeting, and further notify the applicant in writing of the action and the reasons therefor, and return the final plat to the applicant.

Effect Of Final Plat Approval. Final plat approval shall confer upon the applicant the right to apply for building permits and to develop the subject tract or parcel pursuant to the terms and conditions pursuant to which the final plat approval was granted by the Board of Aldermen; provided, however, that no final plat shall be filed and recorded unless and until approval by the Zoning Administrator. No lot in the subdivision may be sold until the final plat has been officially recorded. If the final plat is not recorded within ninety (90) days after approval by the Board of Aldermen, it shall be of no further force or effect unless, prior to the expiration of such ninety-day period, the final plat has been extended by approval of the Board of Aldermen.

Acceptance Of Dedication. The approval of a plat shall not be considered an acceptance of any proposed dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the appropriate City authorities make an actual appropriation of the dedicated parts by entry, use, or improvement. The disapproval of a plat shall be considered a refusal by the City of the offered dedication indicated on the plat.

Requirements After Approval.

Recording Procedures. Within ninety (90) days following final plat approval by the Board of Aldermen, the applicant shall file an approved plat with the County Department of Records. The applicant shall furnish the Zoning Administrator with the recording date, the document number, and the book and page numbers after recording the approved plat. The applicant shall bear all expenses in connection with the filing of the final plat and the County Department of Records shall not be required to file the final plat until the applicant has paid the required filing fee. If not paid, and if the final plat is not filed within ninety (90) days of approval by the Board of Aldermen or if, for any other reason, the applicant fails to record the approved final plat within said ninety (90) days, the final plat shall be deemed null and void, unless an extension has been granted by the Board of Aldermen, for good cause, prior to the expiration of said ninety (90) days. Prior to recordation, the applicant and/or the property owner must submit to the Zoning Administrator a certificate or other documentation from the County Division of Finance indicating that there are no outstanding delinquent taxes, assessments or fees with respect to the property proposed for subdivision and/or the property owner, and that all taxes, liens and encumbrances have been satisfied of record on the land to be dedicated as streets, alleys or for other public purposes. Simultaneously with or prior to the filing of the final plat, the applicant and/or owner shall record in the County Department of Records any development agreement or other legal document entered into by the City and the applicant or developer. Failure to record the development agreement shall make the final plat null and void. The City may record a document against the subject property with the County Department of Records stating that the final plat is null and void and that further sale, lease or development of the property within the subdivision is prohibited.

Fees. At the time the concept plan has been certified as complete by the Zoning Administrator, the applicant shall deposit all fees covering the administrative processing of the plat. All impact fees, exactions, mitigation, tipping and host fees and dedications together with the performance, payment and release agreement shall be paid to the City Clerk prior to the execution of the final plat by the Zoning Administrator. Such fees shall be in the form of a check made payable to the City.

Purpose. The purpose of this Section is to provide a streamlined and efficient process for the combination of parcels or correction of mistakes in an approved subdivision. The Zoning Administrator is authorized to amend plats administratively. A resubdivision of a plat is required to be approved.

Applicability. The Planning and Zoning Commission may approve an amended plat, if the amending plat is signed by the applicant(s) and is solely for one (1) or more of the following purposes:

Initiation. A developer or owner seeking to amend an approved plat shall file with the Zoning Administrator the amending plat, together with a copy of the plat being amended and a statement detailing the amendments being proposed. The Zoning Administrator shall, upon determination of the completeness of the application, notice a hearing before the Planning and Zoning Commission. If the plat being amended has been recorded, the additional recordation fee shall be deposited with the City at the time of plat filing.

Decision. Notice and a hearing before the Planning and Zoning Commission shall be required for the approval and issuance of an amending plat. The applicant or any interested party with standing may appeal the determination of the Planning and Zoning Commission to the Board of Aldermen.

Recordation Language. The amending plat shall be clearly marked "Amending plat of (plat number and name). This plat amends the plat previously recorded in the plat and deed records of Jackson County, Volume _____, Page _____." The amending plat shall then be recorded if all requirements have been met. If the plat being amended has not been recorded, the amending plat may be approved by the Zoning Administrator. Upon approval by the Zoning Administrator, the amending plat shall be annotated with the following statement: "This plat includes amendments approved by the Zoning Administrator."

Applicability. A resubdivision with or without shall be recorded and is controlling over the preceding plat without vacation of that plat if the resubdivision:

Initiation. A subdivider wishing to resubdivide an approved plat shall file with the Zoning Administrator the proposed replat, together with a copy of the plat being replatted and a statement detailing the amendments being proposed. The resubdivision shall follow all of the requirements and procedures for a preliminary plat. If the plat being replatted has been recorded, the additional recordation fee shall be deposited with the City at the time of plat filing.

Applicability. For purposes of this Section, any subdivision which has not been recorded prior to the effective date of these regulations shall not be considered a plat and a replat of such a subdivision shall be required. A resubdivision is recorded and is controlling over the prior approved plat. The resubdivision shall follow all of the requirements and procedures for preliminary plat.

Initiation. A subdivider, developer or owner wishing to resubdivide shall file with the Zoning Administrator the proposed plat, together with a copy of the preceding plat and a statement detailing the changes being proposed. If the plat being resubdivided has been recorded, the additional recordation fee shall be deposited with the City at the time of plat filing.

Zoning Amendments Authorized. The text of these regulations or the Official Zoning Map may be amended from time to time consistent with the adopted Comprehensive Plan, as amended, by the Board of Aldermen.

Initiation Of Application. An owner of real property within the City, or that owner's authorized representative, may, upon proof of ownership, apply for amendment of the text of these regulations or a change in zoning district boundaries for that landowner's property. Such amendment may also be initiated by the City Planning and Zoning Commission, the Zoning Administrator or the Board of Aldermen.

Application. An application by a property owner for a change in these regulations or the Official Zoning Map shall be on a form supplied by the Zoning Administrator. Said application shall be completed in its entirety and filed with the Zoning Administrator who shall set a public hearing date before the Planning and Zoning Commission.

Information Required In Amendment Application. When the application involves a change in the Official Zoning Map, the applicant shall submit the following information:

Special Notice Requirements.

Public Hearing By The Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on each proposed zoning amendment. Such hearing shall be held in any place in the City designated by the Planning and Zoning Commission regardless of the location of the land affected by such amendment or amendments.

Report And Recommendation By Commission. Upon conclusion of the public hearing, the Planning and Zoning Commission shall forward to the Board of Aldermen a summary of all evidence taken in the hearing, together with its recommendations for any change to the Official Zoning Map or these regulations together with its approval, conditional approval or denial of the site plan application where an amendment to the Official Zoning Map is requested. Said recommendation may be for approval, disapproval or approval in part, and the reasons for the recommendation shall be included.

Amendments To Text. When a proposed amendment would result in a change in the text of these regulations but would not result in a change of zoning classification of any specific property, the recommendation of the Planning and Zoning Commission shall contain findings of fact and conclusions as to:

Decision By Board Of Aldermen. Upon the receipt of the recommendation of the Planning and Zoning Commission, the Board of Aldermen shall consider the application and may approve the recommendation of the Planning and Zoning Commission. If an ordinance approving any amendment to these regulations or the Official Zoning Map is not introduced to the Board of Aldermen within ninety (90) days after the report of the Planning and Zoning Commission is received by the Board of Aldermen, the amendment shall be deemed denied. The Board of Aldermen shall not approve any amendment to the regulations or to the Official Zoning Map which changes the recommendation of the Planning and Zoning Commission until it remands the application to the Planning and Zoning Commission for its further recommendation as to the change. Upon the return of the Planning and Zoning Commission's recommendation on the change, the Board of Aldermen may approve, conditionally approve or deny the application with or without the change.

Public Hearing. The Board of Aldermen shall hold a public hearing on a proposed ordinance granting or denying an application for amendment or supplement to the Official Zoning Map or these regulations.

Public Hearing Notice. Notice of the time and place of the public hearing before the Board of Aldermen shall be published in one (1) newspaper having general circulation within the City at least fifteen (15) days before the date of said hearing.

Protest Of Proposed Zoning Amendment. If a written protest against a proposed amendment is signed by the owners of thirty percent (30%) or more of the land area (exclusive of streets and alleys) either included in such proposed amendment or within an area determined by lines drawn parallel to and two hundred fifty (250) feet distant from the boundaries of the district proposed to be changed, and is filed with the Clerk of the Board of Aldermen prior to the introduction by the Board of Aldermen of an ordinance relating to the proposed amendment, then such amendment may not be adopted except by the favorable vote of two-thirds (2/3) of all members of the Board of Aldermen.

Approved Action. If the Board of Aldermen approves an application, it shall adopt an ordinance to that effect. The amending ordinance shall define the change or boundary as amended, order the Official Zoning Map to be changed to reflect such amendment.

Procedures For Amending Comprehensive Plan Text. The text of the adopted Comprehensive Plan may be amended from time to time. Amendments to the Comprehensive Plan text may be initiated by the Zoning Administrator, by the Planning and Zoning Commission, by the Board of Aldermen or by petition of a property owner or owner of a business located in the City. Proposed text amendments by property owners or business owners shall be reviewed as set forth in the Comprehensive Plan. The Board of Aldermen may establish by resolution schedules during which Comprehensive Plan text amendments will be considered.

Procedures For Amending Land Use Map. The Planning and Zoning Commission, the Board of Aldermen, a property owner or the owner of a business located in the City may initiate a request for amendment of the land use map of the Comprehensive Plan. The application for amendment of the land use map may be accompanied by an application for a zoning amendment. The Board of Aldermen may establish, by resolution, schedules during which Comprehensive Plan text amendments will be considered.

Recommendation On Amendments By Planning And Zoning Commission. Prior to adoption of any Comprehensive Plan amendment, the Commission shall hold a public hearing in accordance with these regulations, after receiving the report and recommendation of the Zoning Administrator. Following its decision on the application, the Commission shall adopt the amendment by resolution expressly referencing the same and shall cause to be affixed to the amendment the signatures of the Chair and Secretary of the Commission.

Decision On Amendment By Board Of Aldermen. Following receipt of Planning and Zoning Commission recommendations, the Board of Aldermen shall schedule a public hearing to decide whether to adopt the amendment. The public hearing shall be conducted in accordance with these regulations. The Board of Aldermen shall consider the proposed amendment to the Comprehensive Plan and shall render a decision thereon. Thereafter, the zoning regulations and Zoning Map shall be rendered consistent with the approved Comprehensive Plan amendment.

Purpose And Intent. Conditional uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.

Status Of Conditional Permitted Uses.

Application For Conditional Use Permit.

Public Hearings.

Decision On Conditional Use Permit And Appeal. The Board of Aldermen shall render its decision on the conditional use permit application, and may impose conditions. The permit shall set out regulations, restrictions, limitations and termination date so that reasonable control may be exercised over the use. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district. No application will be approved or permit granted that is in violation of or in conflict with any laws of the State of Missouri or of these regulations.

Revocation Of Conditional Use Permits. Any conditional use permit granted under the authority of this Chapter is subject to revocation for any or all of the following reasons:

Purpose. The purpose of requiring site plan review is to ensure that proposed development conforms with these regulations and includes a compatible arrangement of structures, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, site drainage, and open spaces. Site review shall consider the siting of proposed construction and its impact upon the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area and its conformance to the policies and standards of the Comprehensive Plan, as amended. The design shall encourage the elimination of unnecessary grading, and endeavor to retain the natural character of the site including the preservation of trees and other natural features.

Applicability. Except for major subdivision review of residential subdivision, a site plan shall be required for any request for overlay zoning, for an amendment to the Official Zoning Map, development approval for new construction, exterior additions or changes in use or area dimension to any land and/or structure used for multi-family, commercial, industrial or public use, whether such use is a permitted use in the district, authorized by conditional use permit or overlay zoning district or allowed as a planned development. No development approval shall be issued for a development subject to site plan review until such site plan has been approved by the Planning and Zoning Commission.

Application And Processing. An applicant may initiate site plan review by filing an application with the Zoning Administrator.

Contents. All site plans shall be prepared on a tracing cloth, mylar or similar quality material at a scale of [one (1) inch equals one hundred (100) feet or larger], unless specifically waived by the Zoning Administrator, in a size that is a multiple of eight and one-half (8 1/2) inches by eleven (11) inches with a maximum size of twenty-two (22) inches by thirty-four (34) inches. The site plan shall show or have attached the following information:

Review. The Planning and Zoning Commission may approve, conditionally approve or deny a site plan after consideration of the following:

Approval.

Authorized. The Board of Adjustment may authorize an area variance, practical difficulties, which would constitute an unreasonable deprivation of use, provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done, or for a use variance from the provisions of these regulations where, owing to unique conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship.

Area Variance Requirements. The applicant must show the following:

Use Variance Requirements. A request for a use variance may be approved or conditionally approved, upon a finding of the Board of Adjustment that all of the following conditions have been met with respect to the property for which the variance is requested. The Board of Adjustment shall make a determination on each condition, and the finding shall be entered in the record:

Variance And Site Plan. The application for a variance and a site plan may be submitted concurrently. The variance may be approved or conditionally approved by the Planning and Zoning Commission subject to approval of the site plan.

Conditions. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

Procedure.

Appeals. Any person aggrieved by any decision of the Board of Adjustment may file in the Circuit Court of Jackson County, Missouri, a petition in the manner and form and within the limitations period provided by State Statute.

Administrative Variances. The Zoning Administrator, upon receipt of an application and after making required findings, may grant design exceptions upon a determination that the strict application of landscaping and other design standards cannot be accomplished on the site. Granting an administrative variance may require such reasonable conditions and safeguards (in addition to those expressed in these regulations) as the Zoning Administrator determines is necessary to implement the purpose of these regulations. These provisions shall not apply to redevelopment of sites involving the removal of existing buildings.

Vacation Generally. When deemed to be in the public interest, and where no private rights will be injured or endangered and the public will suffer no loss or inconvenience thereby, all or a portion of any street, alley or public reservation, including, but not limited to, public utility or drainage easements, dedicated building setback lines and access control, may be vacated. Applications for vacation of any street, alley or a public reservation may be made by the City or by any owner of property on which the street, alley or public reservation lies or adjoins, such applications shall only be considered in conjunction with a site plan or subdivision approval.

Vacation By Platting Or Replatting. Any street, alley or public reservation, or portion thereof, but not including certain public roads, as governed by Section 228.010 et seq., RSMo., may be vacated by a site plan or subdivision in accordance with the provisions of these regulations. Provided that whenever a street, alley or public reservation has been vacated by platting or replatting, the following language, or language substantially similar to the following language, shall appear on the face of the plat:

The undersigned proprietor of said property shown on this plat does hereby dedicate for public use and public ways and thoroughfares, all parcels and parts of land indicated on said plat as streets, terraces, places, roads, drives, lanes, avenues and alleys not heretofore dedicated. Where prior fee, leasehold or easement rights have been granted to any person, utility or corporation on said parts of the land so dedicated, and any pipes, lines, poles and wires, conduits, ducts or cables heretofore installed thereupon and therein are required to be relocated in accordance with proposed improvements as now set forth, the undersigned proprietor hereby absolves and agrees to indemnify Lake Lotawana from any expense incident to the relocation of any such existing utility installations within said prior fee, lease or easement interest.

Vacation By Ordinance. Any street, alley or public reservation, or portion thereof, may be vacated by ordinance of the Board of Aldermen following public notice and hearing as provided in this Chapter. Any application for vacation of any street, alley or public reservation shall be filed in the office of the Zoning Administrator. Following the adoption of any ordinance vacating any street, alley or public reservation, or portion thereof, the City Clerk shall file a copy thereof, certified by the Clerk as a true and correct copy, in the office of the Clerk and with the County Department of Records.

Reservations. In vacating any street, alley or public reservation, or portion thereof, either by plat or by ordinance, the Board of Aldermen may reserve for the City and public utilities such rights-of-way, fee simple ownership, leases, covenants running with the land, and other easements as in the judgment of the Board of Aldermen are necessary or desirable for public purpose.

Reversion Of Land Vacated. Streets, alleys or other public reservations which have been vacated shall revert to the titled owners of adjoining properties as provided by State law.

Purpose. The purpose of this Section is to provide for the administration and enforcement of these regulations and the various technical codes adopted by the City.

Applicability. This Chapter applies to all properties located within the City except as specifically exempted herein. No development approval, building permit or certificate of occupancy is required for minor repairs and maintenance. Unless specifically exempted, it shall be unlawful for any person, firm, partnership or corporation to:

Application And Processing. The applicant may apply for the required development approval by completing and filing the appropriate permit application form with the Zoning Administrator. The application form shall be accompanied by all necessary information as listed therein.

Development Approval And Permit Issuance.

Administrative Permits. The Zoning Administrator shall review and approve or disapprove the following types of administrative permits:

Validity Of Development Approvals. The issuance of a development approval and the approval of plans and specifications is not an approval of any violation of any provision of these regulations or any other City ordinance. Issuance of a development approval based on plans, specifications, and other data shall not prevent the City from thereafter requiring the correction of errors in the plans, specifications, and other data, or from preventing land use or structural operations being carried on thereunder when in violation of these regulations or other applicable City ordinances. No development approval presuming to give authority to violate or cancel any requirement or provisions of these regulations is valid, nor does any development approval issuance create equitable estoppel or vested rights unless such development approval was lawfully issued in good faith and has been followed with substantial land alteration and construction of a structure. No letter, promise, or representation, oral or written, or document of any City Official, elected or administrative, shall create any basis for reliance or equitable estoppel unless such letter, promise, document or representation is expressly contained within the terms of the development approval for the property.

Expiration And Extension Of Administrative Permit.

Issued Only If Public Street Access. No administrative permit or other development approval shall be issued for and no land use shall be commenced, or any structure constructed or erected on any lot within the City, unless there is a public street giving access to the lot upon which the land use or structure is proposed to be placed, which public street conforms to roadway design guidelines pursuant to these regulations. Private streets may provide access to the lot only if the private street was approved and properly conditioned for ongoing maintenance, repair and replacement as part of a development.

Improvements To Precede Building Permits. No land use or erection of any structure shall be commenced until all of the required or conditioned improvements have been constructed, pursuant to the development approval, and have been inspected and approved by the Zoning Administrator. A performance and payment agreement, letter of credit or bond, if specifically authorized by the Board of Aldermen in conjunction with the development approval, may be substituted for the requirement that improvements be completed prior to commencement of a land use or construction of a structure.

No certificate of occupancy shall be issued unless the building or structure substantially conforms to construction, repair and maintenance standards of the City's technical codes and these regulations as of the date of issuance. The application for a certificate of occupancy shall contain information concerning the owner or tenant, address of the building, a description of the portions of the building and the use intended, Building Code verifications for the group and classification of the building or structure, and approval of the Building Inspector. A certificate of occupancy is required when:

No certificate of occupancy shall be issued until the building or structure is inspected by the Building Inspector and it is found that the building or structure complies with the City's technical codes and these regulations. Where such compliance is not found, the existing owner shall repair such building or structure to meet the technical codes, the conditions of any development approval or development agreement and the requirements of these regulations as certified by the Building Inspector prior to issuance of the certificate of occupancy by the Zoning Administrator.

All non-residential uses of land, buildings or structures and all leased residential structures shall be required to post a surety bond or letter of credit, sufficient to meet the cost of repairs to meet the then existing fire and building codes, including yard cleanup and replacement of required landscaping and fences, as required by the site plan pursuant to these regulations.

Purpose. An applicant, aggrieved citizen or City representative who believes that the City has committed an error in any order, requirement, decision or refusal made by an administrative official or agency may appeal that action within thirty (30) days of the decision or action.

Requirements For Application.

Determination Of Completeness. Within thirty (30) working days of submission, the Zoning Administrator shall review the appeal application and determine if the application is complete.

Staff Action On Application.

Board Action On Application.