Lake Winnebago City Zoning Code
ARTICLE III
Applications and Procedures
Section 400.180 General Provisions For All Applications.
[Ord. No. 700 §1, 9-26-2007]
A.
Authority To File Applications. Applications for amendment of any portion of this Chapter may be made by the City or any interested party. For all other applications, the Planning and Zoning Commission, Board of Aldermen or property owner or property owner's agent are authorized to submit the application. The City shall be authorized to require proof of legal authority to submit an application.
B.
Pre-Application Conference. Before filing any application, the applicant shall have a pre-application conference with the Zoning Administrator and any other necessary City staff to discuss the proposed project, procedures and requirements.
C.
Forms. All applications shall be submitted to the Zoning Administrator on forms provided by the City. Applications shall be accompanied by all submittal requirements and necessary information to facilitate review of the proposed project.
D.
Fees. At the time the application is submitted, the applicant shall pay all required fees. The fees are not transferable to other properties nor are they refundable, but refunds shall be granted if an error in the fee calculation is discovered. In regards to fees, reapplications shall be considered new applications and all required fees shall be paid. Fees shall be established by the City and are designed to defray the cost of processing the application. (See Section 400.1050 "Schedule Of Fees") If the cost to process the application exceeds the submitted fee (i.e., consultant review fees, additional publication costs, etc.), the applicant shall reimburse the City for all costs prior to the appropriate body taking action on the application.
E.
Determination Of Complete Application. No application shall be considered complete until all items in support of the application, as required by this Article, have been submitted and all fees paid. Applications shall be reviewed for completeness within a reasonable time of submission. If the application is determined to be complete, it shall enter the application processing cycle as outlined by the development guide. A determination of completeness shall not constitute a determination of compliance with the requirements of this Chapter. Incomplete applications shall be returned to the applicant with a statement as to what Sections are incomplete and no action shall be taken until all deficiencies are remedied. If an application has not been deemed complete within three (3) months from the date of original submission, the application shall be dismissed.
F.
Preparation Of Plans, Plats, Etc. Unless otherwise allowed by the Zoning Administrator or their designees, all plans, plats, buildings, elevations, etc., must be prepared by an urban design professional, including planners, landscape architects, architects, professional engineers or licensed land surveyors.
G.
Submission Of Technical Studies. The Zoning Administrator or their designees, City Engineer, Planning and Zoning Commission or Board of Aldermen may require applicants requesting development or permit approval to submit such technical studies as may be necessary to enable the body to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geological or hydrologic studies, environmental impact assessments or noise studies. The person or firms preparing the studies shall be subject to the approval of the Zoning Administrator or their designees. The costs of preparing and reviewing all studies shall be borne by the applicant.
H.
Application Processing Cycles. The Zoning Administrator or their designees, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles shall be further outlined by the development guide. Processing cycles may include:
1.
Dates of regular meetings of review bodies and decision makers.
2.
Deadlines for receipt of a complete application for consideration of such application at a particular meeting.
3.
The scheduling of staff reviews and staff reports on complete applications.
4.
All required steps in the application process (including public hearings, decisions meetings and review by other bodies).
5.
The publication of required notices of public hearings.
I.
Withdrawal. Once filed, an application may be withdrawn upon a written notice to the Zoning Administrator or their designees.
J.
Inactive Application. Should any application remain inactive for a period of three (3) months, it shall be considered withdrawn unless the applicant petitions the Planning and Zoning Commission requesting an extension. The request shall include written reason why the application has remained inactive and a schedule indicating when the application will again be active.
K.
Resubmission. Whenever any application has been finally acted upon by the decision-making body and the decision of the decision-making body has been adverse to the applicant, the decision-making body shall not, for a period of six (6) months from the date of its decision, receive or entertain any identical or similar application seeking the same or similar request as stated in the application first denied.
L.
Sunset. If no action is taken on an approved application within one (1) year from the date the application was approved, the decision of the decision-making body shall sunset and the application approval shall become void, unless otherwise specified in this Article.
M.
Actions By Decision-Making Bodies. Decision-making bodies may take any action on an application that is consistent with any notice given including, but not limited to, approving the application, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-making bodies may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in the notice.
N.
Inaction By Review Or Decision-Making Bodies. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law or unless the applicant requests or agrees to an extension of the timeframe. When a decision-making body fails to take action on an application within the time required, such inaction shall be deemed a denial of the application unless otherwise provided by law or unless the applicant requests or agrees to an extension of the timeframe.
O.
Conditional Approvals. In the consideration of any application authorized by this Chapter, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions or standards as are reasonably necessary to ensure compliance with applicable standards stated in this Chapter and to promote the public health, safety, comfort and general welfare of the community.
P.
Review Criteria For Considering Applications. In considering any application, the recommending and decision-making bodies shall give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The bodies may also consider other factors that may be relevant to a particular application:
1.
The impact the proposal would have on the general health, safety and welfare of the citizens of the City.
2.
Whether the proposal is consistent with the intent and purpose of this Chapter.
3.
Whether the proposal is consistent with the Comprehensive Plan and other adopted planning policies.
4.
Whether the proposal is consistent with the City Municipal Code and other adopted policies.
5.
The extent to which public facilities and services are available and adequate to meet the demand generated by the proposal.
6.
The recommendation of professional staff.
7.
The precedents and the possible impact of such precedents that might result from approval or denial of the application.
8.
The character of the surrounding neighborhood.
9.
The existing and any proposed zoning and uses of adjacent properties and the extent to which the proposal is compatible with the adjacent zoning and uses.
10.
The extent to which the proposal will impact the property and neighboring property.
11.
The suitability of the property for the uses to which it has been restricted under the existing zoning district regulations.
12.
The length of time, if any, the property has remained vacant as zoned.
13.
The economic impact of the proposal on the community.
14.
The extent to which there is a need for the use in the community.
15.
Whether the proposal is made necessary because of changed or changing regulatory requirements, social values, new planning concepts or other social or economic conditions.
Q.
Relationship To Building, Public Works And Other Permits And Approvals. The approval of any application shall not exempt the applicant from obtaining all necessary building, public works and other permits and approvals as required by the City Municipal Code, State Statutes or other regulatory body.
Section 400.190 Public Hearing and Notice Provisions.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §1, 3-26-2008]
A.
Applicability. A public hearing shall be conducted by the Planning and Zoning Commission on the following types of applications: zoning text amendment, rezoning, special use permit, preliminary plat and preliminary development plan. A public hearing shall be conducted by the Board of Zoning Adjustment on the following types of applications: variance and appeals.
[Ord. No. 836, 4-26-2017]
B.
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 or 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 may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.
C.
Continuance Of Hearing. The body conducting the hearing may, on its own motion or at the request of any person, continue the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the date, time and place of the subsequent hearing.
D.
Notice Provisions. Notice of all public hearings required by this Chapter shall be provided in accordance with the following:
[Ord. No. 836, 4-26-2017]
1.
Contents. Any notice of a public hearing required by these regulations shall contain the following information:
a.
Date, time and location of the public hearing.
b.
Subject of the hearing, including the type of approval sought.
c.
Street address or general location and/or legal description of the property which is the subject of the public hearing.
d.
The applicant's name.
2.
Publication. Notice of a public hearing for a zoning text amendment, rezoning, special use permit, preliminary plat, preliminary development plan or vacation shall be published in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing. Notice of a public hearing for a variance or appeal shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the hearing.
3.
Mailed notice. Mailed notice of a public hearing shall be required for the following types of applications: rezoning, special use permit, preliminary plat, preliminary development plan and variance. Mailed notice shall be sent to property owners within one hundred eighty-five (185) feet from the exterior boundaries of the subject property. For variance applications, notices shall also be sent to the Planning and Zoning Commission. The applicant shall provide the City with the following at the time the application is submitted:
a.
The list of property owners and their addresses within one hundred eighty-five (185) feet from the exterior boundaries of the subject property. The list shall be for the City's file.
b.
The appropriate number of notices, including an extra copy for the City's file.
c.
Envelopes prepared for mailing, including property owner addresses and postage. Except for variance applications, notices shall be sent certified or registered mail, return receipt requested.
Except for variance applications, the notices shall be sent at least fifteen (15) days prior to the hearing. For variance applications, the notices shall be sent at least seven (7) days prior to the hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any action taken on the application. |
4.
Posted notice. The City will post notice of a public hearing for a rezoning, special use permit, preliminary plat and preliminary development plan on the subject property. The City shall make a good faith effort to place and maintain the sign on the property for at least fifteen (15) days immediately preceding the date of the hearing, through the hearing and through any continuances of the hearing. The sign shall be placed so that it is readily visible to the public. If the property contains more than one (1) street frontage, one (1) sign shall be placed on each street frontage so as to face each of the streets abutting the land. Failure by the City to post such notice shall not invalidate any action taken on the application.
5.
Constructive notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, requirements for the timing of notices and for specifying the time, date and place of public meetings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Article.
E.
When Required And How Given. The following chart specifies when notice shall be given and in what manner:
[Ord. No. 836, 4-26-2017]
Notice Requirements Table | |||
|---|---|---|---|
Type of Application | Type of Notice Required | ||
Publication | Mailed | Posted | |
Zoning Text Amendment | X | — | — |
Rezoning | X | X | X |
Special Use Permit | X | X | X |
Preliminary Plat | X | X | X |
Preliminary Development Plan | X | X | X |
Vacation | X | — | — |
Variance | X | X | — |
Appeal | X | — | — |
Section 400.200 Notice Required For Projects On or Adjacent To Any Dam.
[Ord. No. 700 §1, 9-26-2007]
For any project on or adjacent to any dam within the City, notice of such project shall be provided to the City concurrently with submittal of an application to the appropriate permitting authorities.
Section 400.210 Text Amendment Applications.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §2, 3-26-2008]
A.
This Section sets out the required review procedures and review criteria for amendments to the text of this Chapter.
1.
Pre-application conference. Before submitting an ordinance text amendment application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference".
2.
Application submittal requirements. All ordinance text amendment applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Description of the proposal.
3.
Review and report — Zoning Administrator. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed amendment in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications". The Zoning Administrator may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
4.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. The recommendation of the Planning and Zoning Commission shall contain a statement describing the nature and effect of the proposed amendment and explaining:
a.
Whether such change is consistent with the intent and purpose of this Chapter.
b.
The areas that are most likely to be directly affected by the amendment and in what way they will be affected.
c.
Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions.
5.
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed ordinance text amendment at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed amendment.
6.
Review criteria. In reviewing all ordinance text amendment applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
Section 400.220 Rezoning Applications.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §3, 3-26-2008]
A.
This Section sets out the required review procedures and review criteria for rezoning applications.
1.
Pre-application conference. Before submitting a rezoning application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference".
2.
Application submittal requirements. All rezoning applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Legal description of the subject property.
d.
Map showing all the land proposed to be rezoned and all surrounding land within one hundred eighty-five (185) feet from the subject property. The name of the property owner for all land within the one hundred eighty-five (185) feet designation shall be indicated on the map. Such information shall be in a list format and be current and obtained from the records of the County Assessor.
e.
Description of the proposal.
f.
Copies of tax certificates from the County.
g.
Written proof of ownership or control of the property or permission from the property owner.
3.
Review and report — Zoning Administrator. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed rezoning in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications". The Zoning Administrator may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
4.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
5.
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed rezoning at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed rezoning.
6.
Review criteria. In reviewing all rezoning applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
7.
Protest petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
8.
Adoption by ordinance. Rezonings shall be approved by the Board of Aldermen in the form of an ordinance. Approved rezonings shall be indicated on the Official Zoning Map by the Zoning Administrator or their designees promptly after the ordinance authorizing the rezoning is adopted.
Section 400.230 Special Use Permit Applications.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §4, 3-26-2008]
A.
This Section sets out the required review procedures and review criteria for special use permit applications.
1.
Pre-application conference. Before submitting a special use permit application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference".
2.
Application submittal requirements. All special use permit applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Legal description of the subject property.
d.
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property. The name of the property owner for all land within the one hundred eighty-five (185) feet designation shall be indicated on the map. Such information shall be in a list format and be current and obtained from the records of the County Assessor.
e.
Description of the proposal, including any development plans, landscape plans and building elevations as may be deemed necessary by the Zoning Administrator or their designees.
f.
Copies of tax certificates from the County.
g.
Written proof of ownership or control of the property or permission from the property owner.
3.
Review and report — Zoning Administrator. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed special use permit in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications". The Zoning Administrator may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
4.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed special use permit within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on special use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or timeframes upon the premises benefited by the special use permit as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose and intent of this Chapter, so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use.
5.
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed special use permit at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed special use permit.
6.
Conditions for approval. Special use permits may be approved with conditions, safeguards, restrictions or timeframes including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; requirements of periodic review; time limits on the validity of the permit; and other conditions deemed necessary to ensure compatibility with surrounding land uses.
7.
Review criteria. In reviewing all special use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
8.
Protest petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposal or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the subject property. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a special use permit shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
9.
Expiration. Approval of a special use permit shall expire and the special use permit shall be null and void should any of the following circumstances occur:
a.
A building permit to effectuate the special use is not obtained within twelve (12) months from the date of approval.
b.
If a building permit is not required, substantial evidence of the use is not filed with the Zoning Administrator or their designees within twelve (12) months from the date of approval.
c.
The approved special use ceases operation for a period of twelve (12) consecutive months. The twelve (12) month time period may be extended by up to six (6) months if the applicant submits a written request to the Zoning Administrator or their designees for extension prior to the expiration of approval.
d.
The approved use changes site location.
10.
Revocation. If there is a violation of, or non-conformance with, any of the terms of approval, the special use permit shall be subject to revocation by resolution of the Board of Aldermen after a public hearing is held.
11.
Vesting of rights.
a.
The mere issuance of a special use permit gives no vested rights to the permit holder.
b.
A right to continue a specially permitted use shall vest only if the project is constructed and the use actually started.
c.
The right to continue a special use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the special use permit, provided all conditions of said approval continue to be met.
d.
Uses that are allowed without a special use permit prior to the effective date of this Chapter, but are designated as special uses in this Chapter, shall be allowed to continue as non-conforming uses provided the requirements of Article XII "Non-Conformities" are satisfied.
12.
Amendments. The procedure for amending a special use permit shall be the same as required for the original approval.
Section 400.231 Temporary Use Permit Applications/Special Events.
[Ord. No. 746 Part 1, 1-27-2010]
A.
Intent. The purpose and intent of this Section is to allow the short-term use of land for special events, while protecting nearby property owners, residents and businesses from activities that may be disruptive, obnoxious or incompatible with existing zoning regulations.
B.
Special Events Defined. "Special events" shall be deemed to include short-term or seasonal uses that are not otherwise permitted by the zoning district regulations or other rules and regulations of the City. These may include, without limitation, auctions, estate sales, fundraising activities by not-for-profits, ribbon cuttings, walks, runs and bike tours and races, short-term cultural and entertainment events whether public or private.
C.
Temporary Use Permit Required. All special events shall be required to obtain a temporary use permit from the Director of Public Works or their designee. Any property shall be limited to one (1) special event for any given month and each special event shall be limited to three (3) days in duration. An exception to the duration limit may be granted at the discretion of the Director of Public Works or their designee. This Section shall not apply to events that are of a community-wide interest authorized, approved or sponsored by the Arrowhead Yacht Club or the Lake Winnebago Home Owners Association.
D.
Application Submittal Requirements. All applications for temporary use permits shall be received at least one (1) week prior to the scheduled event and shall include the following information:
1.
A completed application form as provided by the City.
2.
Identification of the specified parcel of land where the special event is to be located.
3.
A complete description of the proposed special event, including hours of operation, proposed signage, list of any goods to be sold and material and equipment to be used in the proposed operation.
4.
A letter of permission from the property owner pertaining to the authorized use of the site and any other facilities or services necessary to provide for the safe operation of the event.
5.
For any use that requires a City occupational license, a copy of the license.
6.
For any use that requires the closure of a public street, authorized permission from the Police Department.
7.
Any other information deemed necessary by the Director or the Chief of Police to conduct a thorough analysis of the application.
E.
Performance Standards. All special events shall comply with the following performance standards:
1.
Special events shall demonstrate the ability to display merchandise in a manner that does not create a nuisance, cause a negative impact on surrounding property or detract from the visual quality of the City.
2.
No off-premise signs or attention-attracting devices shall be allowed.
3.
Special events shall be located in a manner that will not cause vehicular congestion or occupy required parking spaces for another use.
4.
Upon expiration of the permit, all associated trash, materials and equipment shall be promptly removed from the property.
5.
If applicable, the applicant shall obtain a City occupational license and pay sales tax to the City.
6.
Other reasonable conditions of approval may be imposed to ensure the protection of the public health, safety and general welfare.
F.
Violation. If a special event is operating without a required permit or should any such use operating under an authorized temporary use permit be found to be in violation of any of the performance standards or procedural rules set forth herein, the Director may revoke the temporary use permit and cause the special event to cease operation. After any such violation, the Director may suspend the offender from receiving further permits for a period of up to one (1) year from the date that said permit was revoked and the offender may be charged with such criminal or civil violations as may otherwise apply.
Section 400.240 Platting Applications.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §5, 3-26-2008]
A.
This Section sets out the required review procedures and review criteria for platting applications.
1.
Applicability. Platting shall be required for any of the following:
a.
Reconfiguration or combination of an established lot or lots.
b.
Division of land into two (2) or more parcels.
c.
Development on one (1) or more contiguous parcels not previously platted.
d.
Development that involves the construction of any public improvements that are to be dedicated to the City.
2.
Limitations. No land shall be subdivided within the incorporated area of the City until the subdivider or their agent has submitted the appropriate plats to the City for review and approval and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this Chapter and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
3.
Character of the land. Land which the Planning and Zoning Commission or Board of Aldermen finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission and Board of Aldermen, upon recommendation of the Zoning Administrator or their designees, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses which shall not involve such a danger.
4.
Condominium plats.
a.
Any proposed development of property using the condominium form of ownership shall be treated by the City the same as a physically identical development under a different form of ownership.
b.
In addition to any submission requirements in this Chapter for a rezoning application, special use permit application, development plan application or plat application, the Zoning Administrator or their designees may require the applicant using the condominium form of ownership to submit with the application the condominium declaration and the condominium plat that are prepared in accordance with Chapter 448 of the Missouri Statutes.
5.
Application types. The review process for plats shall vary depending on the type of platting application submitted.
a.
Minor subdivision. Situations involving the following actions shall be processed in accordance with the procedures for a minor subdivision application, provided all lots have frontage on an existing street and the construction of new streets, the extension of City facilities or the creation of any public improvements is not required.
(1)
A division of land into no more than three (3) lots.
(2)
An adjustment in boundaries between adjoining platted lots.
(3)
An adjustment of building lines.
(4)
A resurvey to combine existing adjacent lots.
b.
Major subdivision. A plat including four (4) or more lots or that requires new streets, the extension of City facilities or the creation of any public improvements shall be processed in accordance with the procedures for a major subdivision application.
c.
Lot split. A plat which divides a previously platted piece of land into five (5) or fewer lots shall be processed in accordance with the procedures for a lot split application, provided the division is to accommodate zero lot line development and the construction of new streets, the extension of City facilities or the creation of any public improvements is not required.
6.
Overview of process. The review process for a minor subdivision involves one (1) step: final plat review. The review process for a major subdivision involves three (3) steps: preliminary plat review, construction plan review and final plat review. The review process for a lot split involves one (1) step: administrative lot split review.
7.
Minor subdivision.
a.
Pre-application conference. Before submitting a minor subdivision application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference". Prior to or as part of the pre-application conference, the applicant shall submit a sketch plat showing their ideas and intentions for the platting of the proposed subdivision. The sketch plat shall show all existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Zoning Administrator or their designees and other necessary City staff. Following their review, the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a minor subdivision final plat.
b.
Application submittal requirements. All minor subdivision applications shall include the following:
(1)
A completed application form.
(2)
A non-refundable fee as established in Section 400.1050: "Schedule Of Fees".
(3)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property, including the names of the property owner and subdivision, if applicable.
(4)
Seven (7) full-size copies (not more than thirty-four (34) inches by forty-four (44) inches) and one (1) reduced copy (eleven (11) inches by seventeen (17) inches) of the minor subdivision final plat including the following information:
(a)
Location, section, township, range, County and State; and a legal description of the boundary with acreage of the subdivision. The plat shall be based on an accurate traverse and tied to the Geographic Reference System created in conjunction with the Missouri Land Survey Program by the Missouri Department of Natural Resources, Division of Geology and Land Survey. The allowable error of closure and positional accuracy of the boundary traverse, or any or portion of the plat, shall be in accordance with that provided in the current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of State Regulations.
(b)
Name and address of the property owner and applicant.
(c)
Scale of the plat, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(d)
Date and north arrow.
(e)
Location and width of right-of-way and name of each existing or platted street or other public way, railroad and utility right-of-way, parks and other open spaces and any permanent buildings within or adjacent to the proposed minor subdivision.
(f)
All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed minor subdivision or immediately adjacent thereto with pipe size and location shown.
(g)
Layout, lot numbers and approximate dimensions of lots.
(h)
Building setback lines with dimensions.
(i)
Indication of any lots on which a use other than residential is proposed.
(j)
A written and signed statement explaining how the applicant proposes to provide water and treatment of wastewater for each of the lots.
(k)
A vicinity sketch, at a legible scale, to show the relation of the proposed minor subdivision to its surroundings. Utility connections must be shown on the sketch.
(5)
Copies of tax certificates from the County.
(6)
Written proof of ownership or control of the property or permission from the property owner.
c.
Review and report — Zoning Administrator. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed minor subdivision application in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications". The Zoning Administrator may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting.
d.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall review the minor subdivision application within sixty (60) days of the date that a complete application is filed. After reviewing the application, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its recommendation and proceedings to the Board of Aldermen.
e.
Review and action — Board of Aldermen. The Board of Aldermen shall review the minor subdivision application within thirty (30) days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed minor subdivision.
f.
Review criteria. In reviewing all minor subdivision applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
g.
Approval of minor subdivision. Approval of the minor subdivision application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved plat with the County Recorder of Deeds.
h.
Submissions. Prior to the recording of the plat, the applicant shall submit to the City the following:
(1)
Copies. Sufficient paper and mylar copies of the plat with all appropriate signatures.
(2)
Digital plat. A digital file of the plat in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City.
i.
Recording of the plat. No plat shall be recorded or filed with the County Recorder of Deeds until such plat has been approved by the Board of Aldermen. The cost of recording the plat with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the final plat within sixty (60) days from the date of approval or such plat is null and void.
j.
Building and other permits. An approved plat must be recorded with the County Recorder of Deeds and evidence of such submitted to the Zoning Administrator or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued.
k.
Reclassification of minor subdivision. The development of successive minor subdivisions by the same owner or developer or by a person in privity with the owner or developer, so as to circumvent the procedures for a major subdivision shall be prevented. Whenever a minor subdivision is developed from the same general tract of land as a previously developed minor subdivision or where successive minor subdivisions are developed so as to constitute a major subdivision within the meaning of these regulations, the entire development shall be treated as a major subdivision and require adherence to the provisions of these regulations pertaining to major subdivisions.
8.
Major subdivision. The review process for major subdivisions involves three (3) steps: preliminary plat review, construction plans review and final plat review.
a.
Preliminary plat.
(1)
Purpose. A preliminary plat shall be required for the general subdivision of land to ensure the layout of a proposed subdivision conforms to this Chapter, the Comprehensive Plan and City policy. An approved preliminary plat is required prior to the consideration of a final plat application.
(2)
Pre-application conference. Before submitting a preliminary plat application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference". Prior to or as part of the pre-application conference, the applicant shall submit a sketch plat showing their ideas and intentions for the platting of the proposed subdivision. The sketch plat shall show all existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Zoning Administrator and other necessary City staff. Following their review, the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a preliminary plat.
(3)
Application submittal requirements. All preliminary plat applications shall include the following:
(a)
A completed application form.
(b)
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
(c)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property. The name of the property owner for all land within the one hundred eighty-five (185) feet designation shall be indicated on the map. Such information shall be in a list format and be current and obtained from the records of the County Assessor.
(d)
Seven (7) full-size copies (not more than thirty-four (34) inches by forty-four (44) inches) and one (1) reduced copy (eleven (11) inches by seventeen (17) inches) of the preliminary plat, including the following information.
(i)
Location, section, township, range, County and State; and a legal description of the boundary with acreage of the subdivision. The plat shall be based on an accurate traverse and tied to the Geographic Reference System created in conjunction with the Missouri Land Survey Program by the Missouri Department of Natural Resources, Division of Geology and Land Survey. The allowable error of closure and positional accuracy of the boundary traverse, or any or portion of the plat, shall be in accordance with that provided in the current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of State Regulations.
(ii)
Name and address of the property owner, applicant and design professional preparing the plat.
(iii)
Preparer's stamp and signature.
(iv)
Scale of the plat, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(v)
Date and north arrow.
(vi)
Title of the subdivision.
(vii)
Topography with contour intervals of not more than two (2) feet, referred to U.S.G.S. In areas where grades are steep, the Zoning Administrator or their designees may require a lesser contour interval.
(viii)
Location of property with respect to surrounding property and streets; the names of all adjoining property owners of record or the names of adjoining developments; the names of adjoining streets.
(ix)
Location and dimensions of all boundary lines of the property.
(x)
Location, name and dimensions of existing or platted streets, property lines, easements, water bodies, floodplains, streams and other pertinent features such as swamps, railroads, parks, cemeteries, drainage ditches and bridges.
(xi)
Location, name and dimensions of all proposed streets, property lines, building setback lines, easements and other public ways and easements.
(xii)
Location and dimensions of all property proposed to be set aside for park or open space or other public or private reservations, with designation of the purpose thereof and conditions, if any, of the dedications or reservation.
(xiii)
Locations, dimensions and areas of all proposed or existing lots.
(xiv)
Indication of the use of any lot (single-family, multi-family, commercial).
(xv)
Lots shall be consecutively numbered or lettered in alphabetical order. Lots in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively through the several additions.
(xvi)
Notations explaining any of the following as may be applicable: drainage easements, site easements, reservations.
(xvii)
Proposals for connection with existing water supply and sanitary sewer systems or alternative means of providing water supply and sanitary waste treatment and disposal; provision for collection and discharging surface water drainage.
(xviii)
A vicinity map showing streets and other general development of the surrounding area.
(xix)
The preliminary plat shall identify all required improvements together with preliminary engineering statement indicating the improvements are feasible.
(e)
Current title report.
(f)
Copies of tax certificates from the County.
(g)
Written proof of ownership or control of the property or permission from the property owner.
(4)
Review and report — Zoning Administrator. To coordinate and facilitate review of the preliminary plat, the Zoning Administrator or their designees may solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the preliminary plat and submit their comments to the Zoning Administrator or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission public hearing, the proposed plat shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed preliminary plat application in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and any comments made by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
(5)
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed preliminary plat at the next regularly scheduled Board of Aldermen meeting after the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
(6)
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed preliminary plat at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed preliminary plat.
(7)
Review criteria. In reviewing all preliminary plat applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
(8)
Effect of approval of preliminary plat. Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Board of Aldermen, but shall be considered acceptance of the overall general planning concepts for the subdivision and permission to prepare and submit a final plat.
b.
Construction plan submittal. Following approval of the preliminary plat and prior to submission of the final plat, the applicant shall have prepared by a professional engineer, registered in the State of Missouri, public improvement construction plans (which may also be referred to as engineering drawings) consisting of complete construction drawings and specifications for all required improvements. Five (5) full size copies of the construction plans and a non-refundable fee as established in Section 400.1050 "Schedule Of Fees" shall be submitted to the Zoning Administrator or their designees for review and approval. Construction plans shall be drawn at a scale no larger than one (1) inch equals fifty (50) feet and map sheets shall be of the same size as the preliminary plat. The Zoning Administrator or their designees shall notify the applicant in writing once the construction plans have been approved. Upon receiving such written notice, the applicant may submit an application for a final plat. Construction plans shall contain the following information.
(1)
Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred (100) feet of the intersection shall be shown. Approximate radii of all curves, lengths of tangents and central angles on all streets.
(2)
The Zoning Administrator or their designees may require, where steep slopes exist, that cross sections of all proposed streets at fifty (50) foot stations be shown at five (5) points, on a line at right angles to the centerline of the street, as follows: at the centerline of the street, each property line and points twenty-five (25) feet inside each property line.
(3)
Plans and profiles showing the locations and typical cross section of street pavements, including curbs and gutters, sidewalks, drainage easements, servitudes, rights-of-way, manholes and catch basins; the location of street trees, street lighting standards, street signs and subdivision entrance signs, if used; the location, size and inverse elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas or other underground utilities or structures.
(4)
Location, size, elevation and other appropriate description of any existing facilities or utilities including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams and other pertinent features such as swamps, railroads, buildings and each tree with a diameter of eight (8) inches or more measured twelve (12) inches above ground level, at the point of connection to proposed facilities and utilities within the subdivision. The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams shall be shown. All elevations shall be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river or stream, the distance and bearings of a meander line established not less than twenty (20) feet back from the ordinary high watermark of such waterways shall be shown.
(5)
Topography at the same scale as the preliminary plat with a contour interval of two (2) feet referred to U.S.G.S. In areas where grades are steep, the Zoning Administrator or their designees may require a lesser contour interval.
(6)
All specifications and references required by the City's construction standards and specifications, including a site-grading plan for the entire subdivision.
(7)
A plan showing how erosion and sedimentation will be controlled at the construction site.
(8)
Notation of approval as follows:
___________________________________ Owner | __________ Date | |
___________________________________ Zoning Administrator | __________ Date |
(a)
Title, name, address and signature of professional engineer and surveyor and date including revision dates.
(b)
Estimate of the total infrastructure construction cost for the development.
c.
Final plat applications.
(1)
Pre-application conference. Before submitting a final plat application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference".
(2)
Application submittal requirements. All final plat applications shall include the following:
(a)
A completed application form.
(b)
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
(c)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property, including the names of the property owner.
(d)
Seven (7) full size copies (not more than thirty-four (34) inches by forty-four (44) inches) and one (1) reduced copy (eleven (11) inches by seventeen (17) inches) of the final plat, including the following information. The final plat shall be prepared by a land surveyor licensed by the State of Missouri.
(i)
Location, section, township, range, County and State; and a legal description of the boundary with acreage of the subdivision. The plat shall be based on an accurate traverse and tied to the Geographic Reference System created in conjunction with the Missouri Land Survey Program by the Missouri Department of Natural Resources, Division of Geology and Land Survey. The allowable error of closure and positional accuracy of the boundary traverse, or any or portion of the plat, shall be in accordance with that provided in the current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of State Regulations.
(ii)
Name and address of the property owner, applicant and design professional preparing the plat.
(iii)
Preparer's stamp and signature.
(iv)
Scale of the plat, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(v)
Date and north arrow.
(vi)
Title of the subdivision.
(vii)
Location of property with respect to surrounding property and streets; the names of all adjoining property owners of record or the names of adjoining developments; the names of adjoining streets.
(viii)
Location and dimensions of all boundary lines of the property.
(ix)
Location, name and dimension of existing or platted streets, property lines, easements, water bodies, streams and other pertinent features such as swamps, railroads, parks, cemeteries, drainage ditches and bridges.
(x)
Location, name and dimensions of all proposed streets, property lines, building setback lines, easements and other public ways and easements.
(xi)
Location and dimensions of all property proposed to be set aside for park or open space or other public or private reservations with designation of the purpose thereof and conditions, if any, of the dedications or reservation.
(xii)
Locations, dimensions and areas of all proposed or existing lots.
(xiii)
Indication of the use of any lot (single-family, multi-family, commercial).
(xiv)
Lots shall be consecutively numbered or lettered in alphabetical order. Lots in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively through the several additions. The City will assign addresses.
(xv)
Proposals for connection with existing water supply and sanitary sewer systems or alternative means of providing water supply and sanitary waste treatment and disposal; provision for collection and discharging surface water drainage.
(xvi)
All monuments erected, corners and other points established in the field in their proper places. The material of which the monuments, corners or other points are made shall be noted at the representative thereof or by legend, except that corner lots need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monument.
(xvii)
A vicinity map showing streets and other general development of the surrounding area.
(xviii)
Notations explaining any of the following as may be applicable: drainage easements, utility easements, site easements, parks and reservations.
(xix)
Notation indicating formal irrevocable offers of dedication to the public of all streets, municipal uses, utilities, parks and easements as follows:
"The owner or his/her representative hereby irrevocably offers for dedication to the City all the streets, municipal use, easements, parks and required utilities shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated _________ and recorded in the County Recorder of Deeds office. | ||
By: | _______________________________________ Owner or Representative | |
Date: | _______________________________________" | |
(xx)
Details of any proposed subdivision identification signs or entrance markers.
(xxi)
Current title report.
(xxii)
The performance bond, if required, in a form satisfactory to the City Attorney.
(xxiii)
Written assurance from the public utility companies and improvement districts that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as may be required in accordance with final plat approval.
(xxiv)
Copies of tax certificates from the County.
(xxv)
Written proof of ownership or control of the property or permission from the property owner.
(3)
Review and report — Zoning Administrator. To coordinate and facilitate review of the final plat, the Zoning Administrator or their designees may solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the final plat and submit their comments to the Zoning Administrator or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission meeting, the proposed final plat shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed final plat application in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and any comments made by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting.
(4)
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall review the final plat application within sixty (60) days of the date that a complete application is filed. After reviewing the application, the Planning and Zoning Commission shall table or recommend approval, approval with modifications or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
(5)
Review and action — Board of Aldermen. The Board of Aldermen shall review the final plat application within thirty (30) days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to approve, approve with modifications or deny the final plat application.
(6)
Review criteria. In reviewing all final plat applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
(7)
Approval of final plat. Approval of the final plat application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved plat with the County Recorder of Deeds.
(8)
Submissions. Prior to the recording of the plat, the application shall submit to the City the following:
(a)
Copies. Sufficient paper and mylar copies of the plat with all appropriate signatures.
(b)
Digital plat. A digital file of the plat in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City.
(9)
Recording of the plat. No plat shall be recorded or filed with the County Recorder of Deeds until such plat has been approved by the Board of Aldermen; all dedications of rights-of-way, easements and other property have been accepted by the Board of Aldermen; and the design and financing of all improvements has been agreed to by both the applicant and the Board of Aldermen. The cost of recording the plat with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the final plat within sixty (60) days from the date of approval or such plat is null and void.
(10)
Building and other permits. An approved plat must be recorded with the County Recorder of Deeds and evidence of such submitted to the Zoning Administrator or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued.
9.
Lot split applications.
a.
Applicability. Lot split applications shall only be used to subdivide zero lot line developments. Each lot split survey shall have a maximum of five (5) lots.
b.
Pre-application conference. Before submitting a lot split application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference". Prior to or as part of the pre-application conference, the applicant shall submit a sketch survey showing their ideas and intentions for the division of the subdivision. The sketch survey shall show all existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Zoning Administrator or their designees and other necessary City staff. Following their review, the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a lot split survey.
c.
Application submittal requirements. All lot split applications shall include the following:
(1)
A completed application form.
(2)
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
(3)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property, including the names of the property owner.
(4)
Seven (7) full size copies (not more than thirty-four (34) by forty-four (44) inches) and one (1) eleven (11) inches by seventeen (17) inches copy of the lot split survey including the following information:
(a)
Location, section, township, range, County and State; and a legal description of the boundary with acreage. The survey shall be based on an accurate traverse and tied to the Geographic Reference System created in conjunction with the Missouri Land Survey Program by the Missouri Department of Natural Resources, Division of Geology and Land Survey. The allowable error of closure and positional accuracy of the boundary traverse, or any or portion of the plat, shall be in accordance with that provided in the current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of State Regulations.
(b)
A vicinity sketch, at a legible scale, to show the relation of the subdivision to its surroundings.
(c)
Name and address of the property owner and applicant.
(d)
Scale of the survey, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(e)
Date and north arrow.
(f)
Location and width of right-of-way and name of each existing or platted street or other public way, railroad and utility right-of-way, parks and other open spaces.
(g)
All existing sewers, water mains, gas mains, culverts or other underground installations within the subdivision or immediately adjacent thereto with pipe size and location shown.
(h)
Names of adjacent subdivisions, if any, and owner of adjacent parcels of unsubdivided land.
(i)
Layout, tract and lot identification labels and approximate dimensions of lots.
(j)
Indication of any lots on which a use other than residential is proposed.
(k)
A written and signed statement explaining how the applicant proposes to provide water and treatment of wastewater for each of the lots.
(5)
Copies of tax certificates from the County.
(6)
Written proof of ownership or control of the property or permission from the property owner.
d.
Review and report — Zoning Administrator. The Zoning Administrator or their designees and any other necessary City staff shall review the lot split application within a reasonable time after the filing of the application. After reviewing the application the Zoning Administrator or their designees shall approve, approve with modifications or deny the application.
e.
Review criteria. In reviewing all lot split applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
f.
Approval of lot split application. Approval of the lot split application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved survey with the County Recorder of Deeds.
g.
Submissions. Prior to the recording of the survey, the application shall submit to the City the following:
(1)
Copies. Sufficient paper and mylar copies of the survey with all appropriate signatures.
(2)
Digital plat. A digital file of the survey in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City.
h.
Recording of the plat. No survey shall be recorded or filed with the County Recorded of Deeds until such survey has been approved by the Zoning Administrator or their designees. The cost of recording the survey with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the survey within sixty (60) days from the date of approval or such survey is null and void.
Section 400.250 Development Plan Applications.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 716 §§6 — 7, 3-26-2008]
A.
This Section sets out the required review procedures and review criteria for development plan applications.
1.
Applicability. A development plan shall be required for all alterations, expansions or new construction associated with a commercial, industrial, mixed-used or multi-family development. Building permits for any site shall not be issued until a development plan has been reviewed and approved by the City.
2.
Overview of process. The review process for development plans involves at least two (2) steps: preliminary development plan review and final development plan review. In many cases, land will also need to be platted or replatted in order to carry out a development plan. The platting process is a separate process, but may run concurrently with the development plan review process.
a.
Preliminary development plan. A preliminary development plan is a generalized land use plan for the entire area proposed to be included within the development. The purpose of the preliminary development plan is to allow early review of a proposed development before substantial technical planning work has been undertaken.
During preliminary development plan review, the preliminary development plan application is reviewed with respect to such issues as overall scale; density, including the number, type and location of dwelling units and other uses; impacts on surrounding areas; open space and environmental issues; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for the development. Approval of the preliminary development plan shall not constitute complete acceptance of the development, but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan.
b.
Final development plan. During the final development plan review, the applicant must provide detailed plans for carrying out the type of project approved conceptually during the preliminary development plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements and conditions have been met.
c.
Amendments/revisions. Amendments or revisions to an approved development plan may be allowed after review and approval by the City. The level of review (Zoning Administrator or Board of Aldermen) required shall be determined by the magnitude of the alterations. Minor revisions may be reviewed and approved by the Zoning Administrator or their designees. Major revisions shall be reviewed and approved by the Planning and Zoning Commission and the Board of Aldermen.
3.
Preliminary development plan.
a.
Pre-application conference. Before submitting a preliminary development plan application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference". Prior to or as part of the pre-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities, public infrastructure and other features pertinent to the development.
b.
Application submittal requirements. All preliminary development plan applications shall include the following:
(1)
A completed application form.
(2)
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
(3)
Legal description of the subject property.
(4)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property. The name of the property owner for all land within the one hundred eighty-five (185) feet designation shall be indicated on the map. Such information shall be in a list format and be current and obtained from the records of the County Assessor.
(5)
Description of the development indicating the anticipated use(s), intensity and density.
(6)
Seven (7) full-size copies (not more than thirty-four (34) by forty-four (44) inches) and one (1) reduced copy (eleven (11) inches by seventeen (17) inches) of the preliminary development plan including the following:
(a)
Site plan showing:
(i)
The general location of the property.
(ii)
Name and address of the property owner and applicant.
(iii)
Scale of the plan, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(iv)
Date and north arrow.
(v)
The layout of the property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas.
(vi)
Location of existing public streets (including right-of-way lines), water lines, hydrants, sewer lines, stormwater management facilities, easements, parks or other publicly owned land or improvement.
(vii)
Brief description or depiction indicating how the proposed development will receive adequate public facilities (streets, water, sewer, etc.).
(viii)
Surrounding land uses, zoning districts and special districts.
(b)
Notes indicating that grading and erosion control measures will be in compliance with City standards or a grading and erosion control plan showing existing and proposed contours, with intervals of not more than two (2) feet, referred to U.S.G.S., extending fifty (50) feet beyond the property. In areas where grades are steep, the Zoning Administrator or their designees may require a lesser contour interval.
(c)
Stormwater management plan including a macro stormwater study in accordance with KCAPWA Section 5600.
(d)
A conceptual landscape plan showing existing natural areas which will be preserved and areas which will be landscaped.
(e)
Conceptual building elevations for all proposed multi-family, mixed-use, commercial and industrial buildings.
(7)
Copies of tax certificates from the County.
(8)
Written proof of ownership or control of the property or permission from the property owner.
c.
Review and report — Zoning Administrator. To coordinate and facilitate review of the preliminary development plan, the Zoning Administrator or their designees may solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the preliminary development plan and submit their comments to the Zoning Administrator or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission public hearing, the proposed preliminary development plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed preliminary development plan in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and any comments made by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
d.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed preliminary development plan within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
e.
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed preliminary development plan at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed preliminary development plan.
f.
Review criteria. In reviewing all preliminary development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
g.
Effect of approval of preliminary development plan. Approval of the preliminary development plan shall not constitute complete acceptance of the development, but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan.
4.
Final development plan.
a.
Pre-application conference. Before submitting a final development plan application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference". As part of the pre-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities, public infrastructure and other features pertinent to the development.
b.
Application submittal requirements. All final development plan applications shall include the following:
(1)
A completed application form.
(2)
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
(3)
Legal description of the subject property.
(4)
Map showing all the land included in the proposal and all surrounding land within one hundred eighty-five (185) feet from the subject property, including the names of the property owner.
(5)
Description of the development indicating the anticipated use(s), intensity and density.
(6)
Seven (7) full-size copies (not more than thirty-four (34) by forty-four (44) inches) and one (1) reduced copy (eleven (11) inches by seventeen (17) inches) of the development plan including the following:
(a)
Site plan showing:
(i)
The general location of the property.
(ii)
Name and address of the property owner and applicant.
(iii)
Scale of the plan, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Zoning Administrator or their designees.
(iv)
Date and north arrow.
(v)
The layout of the property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas.
(vi)
Location and dimensions of existing and proposed public streets (including right-of-way lines), water lines, hydrants, sewer lines, stormwater management facilities, easements, parks or other publicly owned land or improvement.
(vii)
Photometrics.
(viii)
Surrounding land uses, zoning districts and special districts.
(b)
Grading and erosion control plan showing existing and proposed contours, with intervals of not more than two (2) feet, referred to U.S.G.S., extending fifty (50) feet beyond the property. In areas where grades are steep, the Zoning Administrator or their designees may require a lesser contour interval.
(c)
Stormwater management plan including a micro stormwater study in accordance with KCAPWA Section 5600.
(d)
Landscape plan showing any existing and proposed screening, fencing and landscaping.
(e)
Plans and elevation views of all existing and proposed buildings and structures or accessory structures.
(7)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the development.
(8)
Copies of tax certificates from the County.
(9)
Proof of ownership or control of the property or permission from the property owner.
c.
Review and report — Zoning Administrator. To coordinate and facilitate review of the final development plan, the Zoning Administrator or their designees may solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the final development plan and submit their comments to the Zoning Administrator or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission meeting, the proposed plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may prepare a staff report that reviews the proposed final development plan in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and any comments made by the agencies, departments and persons noted in this Section. The Zoning Administrator or their designees may provide a copy of any such report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting.
d.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall review the final development plan application within sixty (60) days of the date that a complete application is filed. The Planning and Zoning Commission shall table or recommend approval, approval with modifications or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
e.
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed final development plan application at the next regularly scheduled Board of Aldermen meeting after the Planning and Zoning Commission's recommendation. Within a reasonable time of reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed development plan.
f.
Review criteria. In reviewing all final development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and whether the development plan is in substantial compliance with the approved preliminary development plan. The final development plan shall be deemed to be in substantial compliance with the preliminary development plan, provided the final development plan does not result in:
(1)
An increase in project density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre.
(2)
A change in the mix of housing types or the amount of land area devoted to non-residential uses.
(3)
A reduction in the amount of open space.
(4)
Any change to the vehicular system which results in a significant change in the amount or location of streets, common parking areas and access to the development.
(5)
Any change determined by the Planning and Zoning Commission to represent an increase in development intensity.
(6)
A material change in the layout of buildings.
g.
Effect of approval of a final development plan. Approval of the final development plan shall confer upon the applicant the right to request all necessary permits to begin constructing the development.
h.
Amendments/revisions. Major revisions, as determined by the Zoning Administrator, shall be processed in accordance with the procedure for a final development plan. The Zoning Administrator or their designees may approve minor revisions which substantially conform to the character, size, density, use and applicable district regulations of the approved final development plan, but in no event shall the Zoning Administrator approve the following revisions:
(1)
A ten percent (10%) or greater increase in building height.
(2)
A ten percent (10%) or greater increase in floor area, building coverage or impervious surface.
(3)
A ten percent (10%) decrease in open space.
Section 400.260 Land Disturbance Permit Applications.
[Ord. No. 700 §1, 9-26-2007]
A.
This Section sets out the required review procedures and review criteria for a land disturbance permit application.
1.
Permit required. Except as herein provided, no grubbing, clearing, filling, excavation, storage or disposal of soil and earth materials or any other land disturbing activity shall occur on any site without first obtaining a land disturbance permit from the City.
2.
Exemptions. Except for any site disturbing or grading in anticipation of or in preparation for construction of buildings or any construction or development that would require rezoning, a special use permit, development plan approval or amendment or platting, a land disturbance permit shall not be required in the following instances:
a.
Land disturbances greater than three hundred (300) square feet. The land disturbance activity shall comply with the City's adopted standards and the person shall install erosion and sediment control measures.
b.
Land disturbances less than or equal to three hundred (300) square feet which are not disturbing a natural drainage course. The land disturbance activity does not have to comply with the City's adopted standards.
c.
Land disturbance activities by City departments. The City shall comply with the requirements of the City's general permit issued by the State and, if applicable, the City's adopted standards and the City's Building Code.
d.
Home gardens. Home gardening operations including plowing or tilling of land for the purposes of growing flowers and/or vegetables.
e.
Work to correct or remedy emergencies. This includes situations that pose an immediate danger to life or property or substantial flood or fire hazards.
f.
Routine agricultural crop management practices.
3.
Relationship to other applications. Grading in preparation for any development requiring the approval of a rezoning, special use permit, platting or development plan application shall be consistent with such proposed application. A land disturbance permit shall not be issued until such rezoning, special use permit, platting or development plan application has been approved.
4.
Application submittal requirements. All land disturbance permit applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Legal description of the subject property.
d.
A map depicting the general location of the subject property and all surrounding land within one hundred eighty-five (185) feet from the subject property, including the names of the property owner.
e.
Description of the proposal.
f.
Contoured development map showing existing contours of the site and adjoining strips of non-site property and proposed contours after completion of the proposed grading and development, based on United State Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting. The Zoning Administrator or their designees may require the development map to be prepared and sealed by a licensed professional engineer or land surveyor.
g.
An accurate proposed plot plan showing the location of the grading site, a description of the type and features of the soil and details of all structures, walls, cribbing and surface protection.
h.
Estimated grading quantity.
i.
Details of site drainage system.
j.
A proposed erosion and sediment control plan.
k.
Construction access to the site.
l.
Location of temporary off-street parking.
m.
The estimated schedule of operation, including the dates of starting and completion of grading work.
n.
Sources of off-site fill material or soil sites and all information relative to haul routes, trucks and equipment.
o.
A recent aerial photograph or a detailed topographic map showing tree canopy in the same scale as the development plan.
p.
Erosions and sediment control plan providing the following information with respect to the conditions existing on site during land disturbing or filling activities or soil storage and after final structures and improvements have been completed:
(1)
Maximum surface runoff from the site, calculated using the adopted standards.
(2)
Sediment yield, calculated using the adopted standards.
(3)
A delineation and brief description of the measures undertaken to retain sediment from the site including, but not limited to, designs and specifications for berets and sediment detention basins and a schedule for maintenance and upkeep.
(4)
A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and method of applying mulches, designs and specifications for diverters, dikes and drains and a schedule for their maintenance and upkeep.
(5)
A delineation and brief description of the vegetative measures to be used including, but not limited to, seeding methods, the type, location and extent of pre-existing undisturbed vegetation types and vegetation to remain and a schedule for maintenance and upkeep.
(6)
Proposed conditions of the site in accordance with the phases outlined in the adopted standards.
(7)
Alternative methods of stabilizing the site when either seeding was not performed in accordance with the schedule or was performed and was not effective.
(8)
The location and description of each temporary and permanent erosion and sediment control measure.
(9)
The estimated needed duration of the permit.
q.
Copy of the State operating permit (also known as the stormwater discharge permit) issued by the Water Pollution Control Program of the Department of Natural Resources if one (1) or more acres will be disturbed.
r.
Surety. The applicant shall provide such escrow, bond or other surety to guarantee the restoration, maintenance and rehabilitation of the site if the project does not proceed in accordance with the approved plans. The procedure for providing such surety shall be as described in Section 400.730 "Assurance For Completion Of Public Improvements".
s.
Copies of tax certificates from the County.
t.
Written proof of ownership or control of the property or permission from the property owner.
5.
Review and approval — Zoning Administrator. The Zoning Administrator or their designees shall review the land disturbance permit application in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications" and either approve, approve with modifications or deny the application.
6.
Review criteria. In reviewing all land disturbance permit applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
7.
Inspections. Inspections shall be made by the City during each stage of fill operations and final approval shall be required upon completion of operations. Applicants shall notify the City upon commencement of the following when and as completed: rough grading; finish grading before seeding; and all re-establishment and construction work.
8.
Duration of permit.
a.
A land disturbance permit shall be valid from the time that it is issued until the site is stabilized and erosion and sediment control measures are no longer necessary. The site will be considered stabilized when either perennial vegetation, pavement, buildings or structures using permanent materials cover all areas that have been disturbed. In order to terminate the land disturbance permit, the applicant shall submit a written request to terminate the permit to the City. The City will then inspect the site and make a determination as to whether the permit can be terminated. The applicant will be notified in writing of the determination.
b.
If the applicant sells the property before the termination of the land disturbance permit, the permit may be assigned to the new owner, if such assignment is approved in writing by the City.
c.
If the applicant sells any portion of the property before the termination of the land disturbance permit, the applicant will remain responsible for that portion until one (1) of the following events occur:
(1)
The new owner of the property obtains a land disturbance permit.
(2)
The new owner of the property obtains or is required to obtain a building permit. When a new owner has contiguous lots totaling less than one (1) acre and obtains or is required to obtain a building permit, they may design an erosion and sediment plan for the contiguous lots as approved by the Zoning Administrator or their designees.
Section 400.270 (Reserved) [1]
[1]
Editor's Note: Ord. No. 917, adopted 10-27-2021, repealed former Section 400.270, Building and Occupancy Permit. Former Section 400.270 derived from Ord. No. 700, 9-26-2007. See now Section 500.040, Building and Occupancy Permits.
Section 400.280 Vacation Applications.
[Ord. No. 700 §1, 9-26-2007]
A.
This Section sets out the required review procedures and review criteria for vacations.
1.
Applicability. Any person requesting the vacation of any part of a plat, street, alley, utility easement or other public reservation shall submit a vacation application. The application shall be made by all owners of land adjoining on both sides of the street, alley or public reservation proposed to be vacated.
2.
Pre-application conference. Before submitting a vacation application, the applicant shall have a pre-application conference as specified in Section 400.180(B) "Pre-Application Conference".
3.
Application submittal requirements. All vacation applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Legal description of the area to be vacated.
d.
Map depicting the general location of the subject property and all surrounding property within one hundred eighty-five (185) feet, including names of adjacent property owners.
e.
Description of the proposal.
f.
Written notice from all utility companies indicating their approval of the vacation.
4.
Review and report — Zoning Administrator. The Zoning Administrator or their designees may prepare a staff report that reviews the vacation application in light of the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications". The Zoning Administrator or their designees may provide a copy of any such report to the Board of Aldermen and the applicant prior to the scheduled Board of Aldermen public hearing.
5.
Review and action — Board of Aldermen. Within a reasonable time of the submission of a complete application, the Board of Aldermen shall hold a public hearing on the vacation application. Following the close of the public hearing, the Board of Aldermen shall take action to table, approve, approve with modifications or deny the proposed vacation.
6.
Review criteria. In reviewing all vacation applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(P) "Review Criteria For Considering Applications".
Section 400.290 Variance Applications.
[Ord. No. 700 §1, 9-26-2007]
A.
This Section sets out the required review procedures and review criteria for variance request to the Board of Zoning Adjustment.
1.
Home Owner Association Approval And Pre-Application Conference.
[Ord. No. 836, 4-26-2017]
a.
All property within the City of Lake Winnebago is subject to the Lake Winnebago Home Owners' Association ("HOA") Declaration of Restrictions and the UDO.
b.
If an applicant wishes to obtain a variance to the Declaration of Restrictions or other rules of the HOA, they must file a variance application with the HOA Board and follow the HOA's rules for such request.
c.
If an applicant wishes to obtain a variance to the UDO, then the applicant shall file a variance application to the Board of Zoning Adjustment as set forth in the UDO.
d.
In the event where an applicant must obtain a variance from both the HOA Board and the Board of Zoning Adjustment, the applicant shall obtain a variance from the HOA Board prior to submitting a variance application with the City pursuant to this Section 400.290.
e.
Once the applicant has obtained the variance from the HOA Board, the applicant shall set a pre-application conference with the Zoning Administrator and any other necessary City staff as specified in Section 400.180(B) "Pre-Application Conference."
2.
Application Submittal Requirements. All variance applications shall include the following:
a.
A completed application form.
b.
A non-refundable fee as established in Section 400.1050 "Schedule Of Fees".
c.
Legal description of the property.
d.
Written description of and justification for the request.
e.
Map showing all the land affected by the variance and all surrounding land within one hundred eighty-five (185) feet from the subject property. The name of the property owner for all land within the one hundred eighty-five (185) feet designation shall be indicated on the map. Such information shall be in a list format and be current and obtained from the records of the County Assessor.
f.
Any development plans, site plans, building plans or elevations or other plans that may be necessary for a complete review.
g.
Copies of tax certificates from the County.
h.
Written proof of ownership or control of the property or permission from the property owner.
3.
Review and report — Zoning Administrator. The Zoning Administrator may prepare a staff report that reviews the requested variance in light of the conditions for approval and review criteria, if applicable, as set forth below. The Zoning Administrator may provide a copy of any such report to the Board of Zoning Adjustment and the applicant prior to the scheduled Board of Zoning Adjustment public hearing.
4.
Review and action — Board of Zoning Adjustment. The Board of Zoning Adjustment shall hold a public hearing on the requested variance within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Board of Zoning Adjustment shall table, approve, approve with modifications or deny the application. The decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variance.
5.
Conditions for approval (all variance applications). In order for the Board of Zoning Adjustment to approve a variance, the application must prove the following:
a.
The need for a variance arises from a condition which is unique and peculiar to the property in question and which is not prevalent in the neighborhood and ordinarily not found in the same zone or district and, further, is not created by an action or actions of the property owner or applicant.
b.
The strict application of the subject provisions will constitute unnecessary hardship to the applicant.
c.
The granting of the variance will not adversely affect the rights of adjacent property owners or residents.
d.
The granting of the variance will not adversely affect the public health, safety, morals or general welfare of the community.
e.
The granting of the variance will not be opposed to the general spirit and intent of the ordinance from which the variance is sought and will not be in conflict with any existing laws or ordinances.
6.
Conditions for approval (floodplain management regulations). In addition to the conditions for approval stated above, the applicant shall also address the following conditions, if the requested variance pertains to the regulations established for floodplain management.
a.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided the following conditions have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
b.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon determination that the proposed activity will not preclude the structure's continued historic designation.
c.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
f.
The City shall notify the applicant in writing over the signature of a City Official that:
(1)
The issuance of a variance to construct a structure below base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.
(2)
Such construction below the base flood elevation increase risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.
7.
Review criteria (floodplain management regulations). In reviewing variance applications pertaining to the regulations established for floodplain management, the reviewing bodies shall consider all technical data and evaluations, all relevant factors and the following review criteria:
a.
The danger to life and property due to flood damage.
b.
The danger that materials may be swept onto other lands to the injury of others.
c.
The susceptibility of a proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
d.
The importance of the services provided by the proposed facility to the community.
e.
The necessity to the facility of a waterfront location, where applicable.
f.
The availability of alternative locations, not subject to flood damage, for the proposed use.
g.
The compatibility of the proposed use with existing and anticipated development.
h.
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area.
i.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
j.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site.
k.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
8.
Restrictions. In granting a variance, the Board may impose such restrictions, conditions and safeguards upon the premises benefited by the variance 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. The Board may set the effective date for the variance as subsequent to completion of such conditions, safeguards and restrictions. The Board may require the variance to be recorded with the County Recorder of Deeds to be effective.
9.
Performance bond. The Board may require a performance bond to guarantee the installation of improvements, such as parking lot surfaces, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined and shall be enforceable by or payable to the City in the sum equal to the cost of constructing the required improvements.
10.
Time limit. In lieu of the performance bond, the Board may specify a time limit for completion of such required improvements and in the event the improvements are not completed within the specified time, the Board may, at a regularly scheduled meeting and after notice to applicant, revoke the variance.
11.
Notification (flood hazard regulations). If a variance to the regulations pertaining to the flood hazard is granted, the Zoning Administrator or their designees shall notify the applicant in writing that:
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.
b.
Such construction below the base flood level increases the risk to life and property.
Section 400.300 Appeals of Administrative Interpretations and Decisions.
[Ord. No. 700 §1, 9-26-2007]
A.
This Section sets out the required review procedures and review criteria for applications to the Board of Zoning Adjustment for an appeal of an administrative interpretation or decision.
1.
Applicability. The Board of Zoning Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Chapter.
2.
Right to appeal. Appeals to the Board of Zoning Adjustment may be filed by any person aggrieved or by an officer, department, board or bureau of the City affected by any interpretation or decision of the administrative official.
3.
Application submittal requirements. All applications for appeal shall include the following:
a.
A completed application form.
b.
A non-refundable filing fee as established in Section 400.1050 "Schedule Of Fees". Any expenditure in excess of the filing fee, incurred by the Board of Zoning Adjustment that is necessary and incident to the processing of the application, shall be billed to the applicant.
c.
Written description of and justification for the request.
d.
Any development plans, site plans, building plans or elevations or other plans that may be necessary for a complete review.
e.
Proof of ownership or control of the property or permission from the property owner.
4.
Time of filing appeal. An appeal shall be taken within ten (10) days from the interpretation or decision being appealed.
5.
Effect of filing. An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the Board of Zoning Adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official's opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown.
6.
Review and report — Zoning Administrator. The Zoning Administrator or the official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all the papers constituting the record which the action appealed from was taken.
7.
Review and action — Board of Zoning Adjustment. The Board of Zoning Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.
8.
Review criteria — findings of fact. An appeal shall be sustained only if the Board of Zoning Adjustment finds that the official erred. Every decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact specifying the reason for the decision.
Section 400.310 Appeals To The Circuit Court.
[Ord. No. 700 §1, 9-26-2007]
Any person or persons, jointly or severally aggrieved by any decision of the Board of Zoning Adjustment or any officer, department, board or bureau of the Municipality, may present to the Circuit Court of Cass County, Missouri, a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the City Clerk. Upon presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Zoning Adjustment to review such decision of the Board of Zoning Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (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 Zoning Adjustment and on due cause shown, grant a restraining order. The Board of Zoning Adjustment shall not be required to return the original papers acted upon, 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 hearings 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 his 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 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.