A.

An amendment to the Unified Development Ordinance text may only be initiated by the Governing Body, City Administrator or the Director.

B.

An application for rezoning and/or preliminary development plan approval may only be filed by the property owner, the property owner's agent or by the City Administrator, at the direction of the Governing Body.

C.

An application for an appeal to the Board may be filed by any person or persons jointly or severally aggrieved, any neighborhood association as defined in RSMo 32.105, or any officer, department, board or bureau of the City affected by any decision of an official administering the provisions of this chapter.

D.

All other applications provided for in this chapter may only be filed by the property owner or the property owner's agent.

E.

All applications shall be made on forms provided by the City.

A.

All applications shall require the signature of the property owner, or the agent of the property owner, on the application. Applications without the proper signatures shall be deemed incomplete and shall not be processed.

1.

Where an application has been filed by the property owner, proof of ownership shall be submitted to the City in the form of an affidavit.

2.

Where an application has been filed by an agent of the property owner, an affidavit signed by the property owner shall be submitted to the City, establishing the agent's authorization to act on behalf of the property owner.

B.

The affidavits required by this section shall be on forms prescribed by the City or in such form as is acceptable to the Director, and shall be submitted at the time of filing the application.

A pre-application conference shall be coordinated through the Director or his/her designee and any other city representatives he/she deems appropriate prior to submission of any application for rezoning, special use permit, preliminary development plan, or preliminary plat. The purpose of the pre-application conference is to:

A.

Acquaint the applicant with the procedural requirements of this chapter;

B.

Provide for an exchange of information regarding applicant's proposed development and the regulations, restrictions and requirements of this chapter, the Comprehensive Plan and other development requirements;

C.

Advise the applicant of any public sources of information that may aid the application; identify policies and regulations that create opportunities or pose significant restraints for the proposed development;

D.

Review proposed concept plans and provide the applicant with opportunities to enrich the development plan in order to mitigate any undesirable project consequences;

E.

Review the compatibility with adjacent land uses, either proposed or existing;

F.

Provide general assistance by City staff on the overall design of the proposed development.

A.

Application requirements. Unless otherwise indicated in this chapter or by the Director, all applications for rezoning, special use permit, preliminary development plan, and final development plan approval shall contain the following items and materials:

1.

Date prepared;

2.

Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;

3.

Affidavit testifying to proof of ownership or of authorization of agent pursuant to Section 2.020, if applicable;

4.

Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;

5.

Accurate legal description, accompanied by a legal description closure report for metes and bounds descriptions, of the property for which the application is submitted;

6.

Any technical studies that may be required by the Director pursuant to Section 2.060;

7.

If the application contains a request for approval of a single-family residential development, a statement regarding the compatibility of the proposed development with proposed or existing adjacent development pursuant to Section 2.050.

B.

Plan submission requirements. Unless otherwise indicated in this chapter or by the Director, each plan submitted with an application for rezoning, special use permit, preliminary development plan, or final development plan approval shall contain the following:

1.

Date prepared;

2.

Name, address and telephone number of the person who prepared, or person responsible for preparing, the plan;

3.

Graphic, engineering scale not to exceed 1:100. All plans shall be drawn to a standard engineer's scale of 1:50 or 1:100, unless a different scale is specifically approved by the Director;

4.

Plan size maximum of 24 inches by 36 inches with one inch border;

5.

North arrow; plan shall be oriented so north is to the top or to the right side of sheet;

6.

Vicinity map with north arrow indicating the location of the property within the City.

C.

Preliminary and Final Plat submission requirements. (See Article 7.)

A.

Submission requirement. All single-family detached residential development submissions including applications for rezoning, preliminary development plan and preliminary plat approval shall contain a statement regarding the compatibility of the proposed development with adjacent proposed or existing development that addresses the following considerations:

1.

Street separation between the proposed development and the adjacent development;

2.

Density of development, measured in dwelling units per acre;

3.

Restrictions on types of fencing, parking of specific vehicles, dog runs and outbuildings;

4.

Similarity of architectural style and character of structures, including front elevations, exterior materials and roof pitch;

5.

Classification and mixture of building types, including ranch, raised-ranch, split-level, multi-level, earth contact and two-story structures;

6.

Green space or common area, including areas, structures and amenities for the exclusive use and maintenance of homeowners of a subdivision;

7.

Streetscape, including distinctive and aesthetic features of special street signage, street lighting fixtures, street trees, and other landscaping;

8.

Lot width;

9.

Lot depth;

10.

Setbacks;

11.

Square footage of homes measured by total finished floor area;

12.

Lot area;

13.

Minimum floor areas proposed and existing;

14.

Entrance monumentation; and

15.

Street layout and lot configuration.

B.

Consideration of compatibility with proposed adjacent development. Only proposed adjacent development for which a preliminary development plan or preliminary plat has been approved shall be considered in a statement regarding adjacency compatibility submitted pursuant to Subsection A. of this section.

A.

Technical studies required by Director.

1.

The Director may require applicants for rezoning, special use permits, preliminary or final development plans or preliminary plats to submit any technical studies that the Director deems necessary to enable the Commission or Governing Body to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric plans (for outdoor lighting) or surface water management/drainage studies.

2.

The persons or firms preparing the studies shall be acceptable to the Director. The applicant may appeal the Director's determination as to the requirement for a technical study to the Commission by filing a written notice of appeal with the Director within seven days after the Director's decision. The Director shall transmit the notice of appeal to the Commission, and the Commission shall hear the appeal at the next scheduled Commission meeting. If the Commission affirms the Director's determination, the applicant may appeal the decision of the Commission to the Governing Body by filing a written notice of appeal with the Director within seven days after the Commission's decision. The Director shall transmit the notice of appeal to the Governing Body, and the Governing Body shall hear the appeal at their next regularly scheduled meeting. The costs of all studies shall be borne by the applicant.

B.

Technical studies required by Commission or Governing Body. Notwithstanding the fact that the Director did not require submission of a technical study in support of an application, either the Commission or the Governing Body may require the submission of a technical study prior to taking action on the application.

A.

No application for a rezoning, special use permit, preliminary or final development plan or preliminary or final plat shall be deemed complete until all items required to be submitted in support of the application have been submitted to the Department in the form and containing the information required by this chapter. Upon receipt of a complete application, the Department shall note the filing date on the application and shall make a permanent record thereof.

B.

If the applicant fails to submit the above required elements for the development approval that the applicant is requesting, the application will not be considered complete, the application shall not be processed. The filing, notification and advertising process established by this chapter will not begin until all required elements have been submitted in the form required by this article.

The Director or the Commission may administratively provide for submission deadlines for materials required in support of any application provided for in this chapter. These deadlines shall be provided to the applicant at the pre-application conference required by Section 2.030. Compliance with these deadlines is required before the application will be placed on an agenda to be heard by the Commission or the Governing Body. At the discretion of the Director, non-agenda items may be brought before the Commission or the Governing Body for hearing; provided that, the Commission or the Governing Body, at the sole discretion of each, may refuse to hear non-agenda items.

A.

General review. The City staff shall review all applications, plans, information and data submitted in support of an application by the applicant. After reviewing the information, the City staff shall prepare a staff report discussing the submitted data. This report shall be provided to the applicant and appropriate City officials and be available for public review. The report shall discuss the submitted information, the actual site area, the proposed development, suggested or required conditions of approval of the proposed development, and any other pertinent data. The staff report may contain a recommendation for approval, approval with conditions, continuation or denial.

B.

CPTED Review (Crime Prevention Through Environmental Design). All development applications shall be reviewed by the CPTED Review Committee in accordance with adopted CPTED principles and standards set forth in Article 8, Division I and conditions of approval set forth in Article 6, Division II of this chapter. The CPTED Review Committee shall use the adopted principles and standards in making recommendations for consideration by the Commission and City Council in their review of the development application.

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, including, but not limited to limitations on permitted uses, time of performance requirements, limitation on hours of operation, and provision of services and/or facilities to ensure that adequate public services and facilities are available to meet the need for such services and facilities generated by the development proposed by the application under consideration.

Unless otherwise specifically required by this chapter or by other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, if expressly made subject to written findings, the decision shall not be final until the findings are adopted. Where an appeal of any quasi-judicial decision has been filed in the Circuit Court of Jackson or Cass County, in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within 45 days of service of the appeal on the City and thereafter shall be certified to the Circuit Court as part of the administrative record. The 45-day time period for adoption and certification of findings may be extended with the permission of the Circuit Court.

A.

In the case of a decision to approve a Unified Development Ordinance text amendment, rezoning, preliminary development plan, special use permit, final plat or other application, where adoption of an ordinance is required, the decision shall be final on the date that the Governing Body adopts the ordinance approving the application.

B.

A decision to deny a Unified Development Ordinance text amendment, rezoning, special use permit, final plat or other application is final when:

1.

The Governing Body votes to deny the application;

2.

An ordinance with respect to such application fails to receive number of votes required by law; or

3.

The Mayor vetoes a decision by the Governing Body to approve the application, and such veto is not overturned by the Governing Body.

Except where this chapter provides for an appeal to another body, any person, official or agency who is aggrieved by a final decision on an application provided for in this chapter, and who desires to appeal the decision, shall file the appeal in the county in which the property is located, within 30 days after the decision is made.

Should any application remain inactive for a period of 12 months, it shall be considered withdrawn unless the applicant provides written reasons why the application has remained inactive, including a schedule indicating when the application will again be active.

A.

When required.

1.

Two hearings required. The following applications require public hearings before the Commission and the Governing Body:

a.

Unified Development Ordinance Text Amendments;

b.

Rezoning;

c.

Special use permit;

d.

Conceptual Development Plan;

e.

Preliminary Development Plan;

f.

Street name change, except as provided below; and

g.

Vacation of right-of-way.

2.

Commission hearing only. The following applications require a public hearing before the Commission only:

a.

Comprehensive Plan;

b.

Comprehensive Plan amendment;

c.

Capital Improvements Plan;

d.

Preliminary Development Plan for public facilities of the state, its lawfully designated subdivisions or agencies (including public school facilities).

3.

Not required. Public hearings are not required for:

a.

Preliminary plat;

b.

Final plat;

c.

Vacation of easement;

d.

Sign application;

e.

Street name change, where there is no objection to the proposed change by any affected property owner;

f.

Administrative items. The following items may be reviewed and approved administratively by City staff:

(1)

Final Development Plan that contains minor or no changes to an approved Preliminary Development Plan;

(2)

Minor plat.

B.

Purpose. The purpose of a public hearing is to provide the applicant, adjacent property owners, and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.

All public hearings required by this chapter shall be published in one issue of an official City newspaper or a newspaper of general circulation in the City. At least 15 days shall elapse between the date of the publication and the date set for hearing. Where the hearing is for consideration of changes in the text of this chapter or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the Chapter or in the boundaries of the zone or district. Where the hearing is for an application that relates to specific property, the property shall be identified by general location description or street address. The notice shall contain a general statement regarding the purpose of the application and a statement that public comment shall be heard.

Notice to surrounding property owners shall be required for rezoning, special use permit, conceptual development plan, preliminary development plan, street name change and vacation of right-of-way applications. The notice shall be given as follows:

A.

Time of mailing. The applicant shall mail all notices at least 15 days prior to the hearing, notifying the property owner of the opportunity to be heard.

B.

Mailed notice requirements. Mailed notice shall be sent, by certified mail, to the last known record owner of all property within 300 feet from the boundaries of the property for which the application is being considered. The notice shall state the time and place of the hearing, and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining that the public will have an opportunity to be heard at the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application.

C.

Notice of right to protest. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and 185 feet from the boundaries of the district to be changed, shall have the opportunity to submit a protest petition. The petition shall be in conformance with this article.

D.

Proof of notification. A copy of the mailed notice and a list of notified property owners with their addresses, along with an affidavit, shall be filed with the City prior to the public hearing certifying that notice has been sent in accordance with this section.

(Ord. No. 8692, § 1, 8-6-2019; Ord. No. 9782, § 4, 11-14-2023)

A.

Posting of notice sign requirement. Applications for rezoning, special use permit, conceptual development plan, preliminary development plan, street name change and vacation of right-of-way shall have a sign posted on their premises, by the applicant at least 15 days prior to the date of the hearing informing the general public of the time and place of the public hearing. The City shall furnish the sign to the applicant for posting. The applicant shall make a good faith effort to place and maintain the sign on the property for at least 15 days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. The sign shall be placed within five feet of the street right-of-way/property line, or as close thereto as possible, in a central position on the property that is the subject of the hearing. The sign shall be readily visible to the public. If the property contains more than one street frontage, one sign shall be placed on each street frontage so as to face each of the streets abutting the land. The sign may be removed at the conclusion of the public hearing(s) and must be removed at the end of all proceedings on the application or upon withdrawal of the application.

B.

Sign protection. It shall be a violation of this chapter for any person to remove, deface or destroy any sign provided for in Subsection A. of this section.

A.

Rules of procedure. The Governing Body, Commission and Board may adopt rules of procedure for public hearings by ordinance, resolution or bylaws.

B.

Written summary. An accurate written summary of the proceedings shall be made for all public hearings.

C.

Continuances:

1.

One continuance as of right. Any applicant or authorized agent shall have the right to one continuance of a public hearing before the Commission, Governing Body or Board, provided that a written request for continuance is filed with the Director prior to opening the public hearing. The applicant shall make every reasonable attempt to notify all persons previously notified by mail of the continuance.

2.

Additional continuances. In addition to the procedure provided for in Subsection 1. of this section, the Commission, Board or the Governing Body may grant a continuance. A majority vote of those members of the official body present at the meeting shall be required to grant a continuance. The record shall indicate the reason for the continuance and any stipulations or conditions placed upon the continuance. If the Commission, Governing Body or Board agrees to a continuance of the public hearing, it may direct the applicant to re-notify property owners within 185 feet of the subject property, if such notification was required in the first instance, and provide proof of said re-notification to the Governing Body.

3.

Treatment of continuance and notice requirements. If an item that is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. If a continuance provides the date on which the matter will be heard, re-publication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice pursuant to this article, as applicable, shall be provided prior to the date on which the matter is heard.

D.

Action by Commission. A vote either for or against an application by a majority of all of the Commissioners present shall constitute a recommendation of the Commission. If a motion for or against an application fails to receive a majority vote (except in the case of a tie), the Commission shall entertain a new motion. A tie vote shall constitute a recommendation of denial. The Commission recommendation to approve, approve with conditions or deny shall be submitted to the Governing Body, accompanied by a written summary of the hearing. A recommendation and summary thereof shall constitute the final report of the Commission pursuant to RSMo 89.070.

E.

Governing Body action upon Commission recommendation. The recommendation of the Commission is advisory. When the Commission submits a recommendation to the Governing Body, the Governing Body, after holding a public hearing thereon after notification pursuant to this article, may take such action as it deems appropriate, including approval, approval with conditions, disapproval, amendment of the application and adoption as amended, or the Governing Body may return the application to the Commission for further consideration.

F.

Applications returned to Commission. Upon receipt of an application returned by the Governing Body, the Commission may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation. If the Commission fails to deliver its recommendation to the Governing Body within ten days after receipt of the Governing Body's returned application, the Governing Body may consider this inaction on the part of the Commission as a resubmission of the original recommendation and proceed with its consideration. For purposes of this subsection, the "receipt" of an application returned by the Governing Body shall be deemed to occur on the date of the first Commission meeting on which the returned item is placed on the agenda for consideration.

G.

Reconsideration by the Governing Body. Upon receipt of the Commission's recommendation after reconsideration, or if the ten-day period has elapsed following the Commission's receipt of the Governing Body's returned application, the Governing Body may take the action that it deems appropriate, including approval, approval with conditions, or disapproval. The Governing Body also may return the application to the Commission for further consideration. Unless the Governing Body returns the application to the Commission for further consideration or continues its consideration of the matter, the Governing Body's action on the application shall constitute a final decision.

(Ord. No. 8692, § 1, 8-6-2019)

A.

Protest petitions. Rezoning, special use permit and preliminary development plan applications are subject to protest petitions in accordance with the following:

1.

A protest petition may be filed with the City Clerk at any time prior to the commencement of the public hearing by the Governing Body. To be considered a valid protest, a protest petition must be timely filed and duly signed and acknowledged by the owners of 30 percent or more either of the areas of the land (exclusive of streets and alleys) included in such application or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the property included in the application, as the case may be.

2.

Once a valid protest petition has been filed with the City Clerk, it may only be withdrawn if those requesting withdrawal reduce the land area requirement to less than 30 percent.

B.

Adoption where protest filed. Where a valid protest petition has been filed, an ordinance approving the application shall not become effective except by the favorable vote of two-thirds of all members of the Governing Body.

A.

One neighborhood meeting is required for each application, which must occur within the initial ten-day review period and prior to re-submission of the application. More than one neighborhood meeting may be held on an application, at the option of the applicant.

B.

Timing and location. Within two miles of the project site, Monday through Thursday, excluding holidays; and start between 6:00 p.m. and 8:00 p.m. If a location for the meeting is not available within two miles of the subject property, the applicant shall select a location outside this area that is reasonably close to these boundaries.

C.

Notification shall be sent by certified mail or delivered to property owners within 300 feet of the project site. Mailed notices shall be postmarked at least seven days prior to the meeting. Hand deliveries must occur at least five days prior to the meeting.

D.

The applicant shall take sufficient notes at the neighborhood meeting to recall issues raised by the participants, in order to report on and discuss them at public hearings before City governmental bodies on the application. The note shall be turned in with the application re-submittal.

(Ord. No. 8692, § 1, 8-6-2019)

A.

Public hearing required. Consideration of Unified Development Ordinance text amendments shall require public hearings before the Commission and Governing Body following publication notice as provided in this article.

B.

Approval by ordinance. All Unified Development Ordinance text amendments shall be approved by ordinance.

A.

Public Hearing required. Consideration of a Comprehensive Plan, an amendment to the Comprehensive Plan, or a Capital Improvement Plan, shall require a public hearing before the Commission, following publication notice as provided in this article.

B.

Approval by resolution. The Comprehensive Plan of the City and all amendments to the Comprehensive Plan, and the Capital Improvement Plan, shall be approved by Resolution of the Commission.

A.

Public hearing required. Consideration of a Preliminary Development Plan for a public facility of the state, its lawfully designated subdivisions or agencies (including public school facilities) shall require a public hearing before the Commission, following publication notice as provided in this article.

B.

Submission requirements. The following items shall be submitted in support of an application for rezoning:

1.

All general application requirements contained in Section 2.040.A.

2.

All plan submission requirements contained in Section 2.040.B.

3.

The submission requirements contained under "Preliminary Development Plans; applications — contents and submission requirements" in this article shall be used as a guide. The Commission's decision shall be limited to making a determination as to the location, extent and character of the proposed facility.

C.

Approval or denial. Approval or denial of public facilities of the state, its lawfully designated subdivisions or agencies (including public school facilities) shall be by vote of the Commission. Any appeal of the Commission's action shall be as provided for under RSMo 89.380.

The following items shall be submitted in support of an application for rezoning:

A.

All general application requirements contained in Section 2.040.A.

B.

All plan submission requirements contained in Section 2.040.B.

C.

Rezoning map, showing the following:

1.

Boundaries of the property to be rezoned;

2.

Legal description;

3.

Existing and proposed zoning district(s) of the property to be rezoned;

4.

Zoning, land use, and ownership of all parcels within 185 feet of the property to be rezoned.

D.

A preliminary development plan or a conceptual development plan, as required by this article, shall be submitted with every application for rezoning, except that a preliminary development plan need not be submitted for any rezoning to the AG, RDR, RLL, or R-1 District if the applicant does not propose the modification of any regulation contained in this chapter pursuant to this article.

E.

Rezoning to the R-1 District shall require a preliminary plat submittal concurrent with the rezoning application.

F.

A phasing plan, indicating the proposed date of commencement and completion of each phase.

G.

An adjacency compatibility study for single family residential development, pursuant to Section 2.050.

A.

Public hearing required. Consideration of rezoning applications shall require public hearings before the Commission and Governing Body following publication notice, notice to surrounding property owners, and posting of notice signs as provided in this article.

B.

Approval by ordinance. All rezoning applications shall be approved by ordinance.

A.

Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout such municipality.

B.

Criteria for considering rezoning applications. In considering any application for rezoning, the Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and Governing Body may also consider other factors that may be relevant to a particular application.

1.

The character of the neighborhood.

2.

The existing and any proposed zoning and uses of adjacent properties, and the extent to which the proposed use is compatible with the adjacent zoning and uses.

3.

The extent to which the proposed use facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

4.

The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.

5.

The length of time, if any, the property has remained vacant as zoned.

6.

The extent to which the proposed use will negatively affect the aesthetics of the property and neighboring property.

7.

The extent to which the proposed use will seriously injure the appropriate use of, or detrimentally affect, neighboring property.

8.

The extent to which the proposed use will adversely affect the capacity or safety of the portions of the street network impacted by the use, or present parking problems in the vicinity of the property.

9.

The extent to which the proposed use will create excessive storm water runoff, air pollution, water pollution, noise pollution or other environmental harm.

10.

The extent to which the proposed use will negatively affect the values of the property or neighboring properties.

11.

The extent to which there is a need for the use in the community.

12.

The economic impact of the proposed use on the community.

13.

The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this chapter.

14.

The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.

15.

The gain, if any, to the public health, safety and welfare due to approval of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

16.

The conformance of the proposed use to the Comprehensive Plan, the Major Street Plan, the Capital Improvements Plan, and other adopted planning policies.

17.

The recommendation of professional staff.

18.

The consistency of the proposed use with the permitted uses and the uses subject to conditions in the district in which the proposed rezoning or special use is located.

C.

Criteria for considering preliminary development plan applications. The Commission and Governing Body shall use the applicable zoning district regulations as a guide for review of the preliminary development plan. If the Commission and/or Governing Body imposes conditions or restrictions on a preliminary development plan, it may designate specific requirements that must be met before an applicant may submit a final development plan application. The Governing Body, in establishing conditions of approval, may require the applicant to execute a "development agreement" that is acceptable to both the applicant and the City. Such "development agreement" shall become part and parcel to the ordinance approving the rezoning of the property for which the development plan represents. In considering any preliminary development plan application, the Commission and the Governing Body may give consideration to the criteria stated in Subsection A. above and may also consider the following criteria:

1.

Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected;

2.

Development will not impede the normal and orderly development and improvement of the surrounding property; and

3.

Development incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion.

D.

Criteria for preliminary development plan applications for non-residential uses allowed by right in residential districts. In considering any preliminary development plan application that proposes non-residential uses in residential districts, the Commission and the Governing Body may give consideration to the criteria stated in Subsection A. above and may also consider the following:

1.

The capability of the site to accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress.

2.

The degree of harmony between the architectural quality of the proposed building and the surrounding neighborhood.

3.

The appropriateness of the minimum dimensions and areas of lots and yards contained in the applicable zoning district regulations may be considered and increased.

E.

Criteria for considering conceptual development plan applications. The Commission and Governing Body shall review the conceptual development plan pursuant to Subsection A. above. If a rezoning of the property is requested, the conceptual development plan shall be considered simultaneously with the rezoning of the property. Approval of a conceptual development plan shall become part of the ordinance that amends the zoning ordinance. Approval of the conceptual development plan does not constitute approval of a preliminary development plan for any phase shown on the conceptual development plan. By approving the conceptual development plan, the Governing Body is preserving to itself full legislative discretion to review a preliminary development plan for each phase shown on the conceptual development plan, or for the entire property, as may be applicable, including review and consideration of all criteria governing preliminary development plans as set forth in this chapter.

The Commission may recommend and the Governing Body may adopt a rezoning that is a lesser change than the rezoning requested by the applicant, provided that the type of zoning district (residential, commercial or industrial) to which the property is rezoned by the Governing Body is the same type of zoning district requested in the rezoning application. In no case may a rezoning to a residential district be approved if the application is for a commercial or industrial district, and in no case may a commercial district be approved if the application is for an industrial district. In no case may a rezoning to any district other than the PMIX district be approved if the application is for a PMIX district. The Commission also may recommend and the Governing Body may adopt a rezoning that covers less area than the area described in the publication notice for the public hearing.

In an instance where an applicant seeks approval of two different requests simultaneously for the same parcel, such as a rezoning and a special use permit, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.

A.

No application for rezoning shall be accepted if any application for rezoning for substantially the same property has been filed within the preceding 60 days.

B.

For purposes of Subsection A. of this section, the preceding 60-day period shall be determined as follows:

1.

If there was final action (either approval or denial) on the prior application, the 60-day period shall run from the date of the action.

2.

If the prior application was withdrawn after being advertised for public hearing, the 60-day period shall run from the date the application was withdrawn.

C.

The Director shall determine if an application concerns "substantially the same property" as a prior application. The property owner may appeal any such determination to the Governing Body.

D.

The Governing Body may waive the limitation in this section for good cause shown.

A.

A preliminary development plan application shall be submitted for the following situations:

1.

The rezoning of a property to any district except districts AG, RDR, RLL and R-1. A preliminary development plan shall be submitted and reviewed by the Commission and Governing Body simultaneously with the rezoning of the property, except as provided under "Conceptual Development Plan; when permitted;"

2.

The development of any vacant property in a planned district;

3.

The redevelopment of any property;

4.

A change in the primary use of property that negatively impacts traffic circulation or significantly intensifies traffic generation necessitating the formation and approval of a development agreement by and between the developer and the Governing Body for identified traffic improvements;

5.

The development of a non-residential use in the AG, RDR, RLL and R-1 districts;

6.

The request of any modification of this chapter;

7.

A substantial change to an approved preliminary development plan as defined by this article;

8.

A preliminary development plan may be required for a request for a special use permit per Article 6, Division III;

9.

With a modification request, when the request is not associated with an application to rezone the property.

B.

A preliminary development plan is not required for the following situations:

1.

The rezoning to the AG, RDR, RLL or R-1 districts or for any residential development in the AG, RDR, RLL or R-1 districts provided no modifications of any regulation contained in this chapter are requested; or

2.

The development of any property in the CS and PI districts provided no modifications of this chapter are requested; or

3.

A City initiated rezoning of any property; or

4.

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created per this article; or

5.

A rezoning to any planned district if the property to be rezoned is fully developed and no substantial changes to existing building(s) or site improvements are planned.

(Ord. No. 10040, § 4(Exh.), 12-17-2024)

The following items shall be submitted in support of an application for preliminary development plan. Information to be included on a preliminary development plan submitted for a modification request shall be as determined by the Development Services Director.

A.

All general application requirements contained in Section 2.040.A.

B.

All plan submission requirements in Section 2.040.B.

C.

A project narrative providing a written summary of the proposal.

D.

Contents. The proposed preliminary development plan shall also include the following:

1.

A legal description which accurately describes the limits of the property.

2.

Approximate total acreage.

3.

The plan shall include the following information on the existing conditions for the proposed site and within 185 feet of the property:

a.

Location and limits of the one percent annual chance flood, as set forth on the current FEMA maps with reference to the panel number. Elevations shall be provided if shown on the FEMA map.

b.

Existing streams, bodies of water, and surface drainage channels.

c.

Location, massing and pattern of existing vegetation.

d.

Topography with contours at two-foot intervals. In areas where grades are gentle, the Director may require a lesser contour interval.

e.

Location of all oil and gas wells, whether active, inactive, or capped.

f.

Special features (such as ponds, dams, steep slopes or unusual geology) or unusual historical features (such as former landfills, fill areas or lagoons) must be identified by the applicant. The applicant, at the Director's discretion, may be required to provide professional analysis of these conditions to address health, safety and general welfare questions related to the proposed subdivision.

g.

The location and size of retention basins, detention basins and drainage structures, such as culverts, paved or earthen ditches or storm water sewers and inlets.

h.

Location, width and name of any existing or platted street, alley or any other dedicated rights-of-way.

i.

Location, width and dimensions of existing utility easements, with document reference if dedicated by separate document.

j.

Existing and proposed buildings, which exist on plans on file with the City. Single- and two-family buildings may be shown in approximate location and general size and shape.

k.

Location and size of all existing utility lines and storm water management/detention facilities.

l.

Names of abutting subdivisions and owners of abutting parcels of unsubdivided land.

m.

Surrounding land uses and zoning districts of adjacent properties.

4.

The plan shall include the following information on the proposed development:

a.

Layout, number and approximate dimensions of lots and approximate lot areas.

b.

Name, location, width, radii, centerline, and grade of proposed streets and alleys, both public and private.

c.

Location and width of proposed sidewalks and public walkways.

d.

Location and width of proposed easements.

e.

Building setback lines from streets with dimensions.

f.

Location and approximate dimensions of culverts and bridges.

g.

Location of driveways, curb cuts, median breaks and turn lanes.

h.

The general location and approximate size of all proposed utility lines, including water, storm water, and sanitary sewers.

i.

A sanitary sewer impact statement that will address the proposed discharge into the existing sanitary sewer receiving system, if required by the City Engineer.

j.

Appropriate water service demand data (including, but not limited to, planned land usage, densities of proposed development, pipe sizes, contours and fire hydrant layout) to allow for the preliminary analysis of the demand for water service if required by the City Engineer.

k.

Information (proposed size, nature and general location) on all proposed storm water management facilities and detention facilities. A preliminary storm water report shall be submitted unless the requirement is waived by the City Engineer. All preliminary storm water reports shall include:

(1)

Current and proposed land use assumptions;

(2)

Identification of the watershed in which the project is located;

(3)

Identification of offsite drainage areas;

(4)

Surrounding property information;

(5)

Any other pertinent information about the site which may influence storm water runoff;

(6)

Proposed storm water facilities;

(7)

The downstream effects of the development;

(8)

Calculations for the 100 percent, ten percent and one percent storms. All calculations must be submitted with the report; a summary table is not acceptable;

(9)

If the storm water report indicates that detention is not required, supporting calculations evaluating the downstream effects must be provided;

(10)

All reports shall be signed and sealed by a professional engineer registered in the State of Missouri.

l.

Location and size of proposed open space for public use proposed to be dedicated or reserved and any conditions of such dedication or reservation; parks, playgrounds, churches, or school sites or other special uses of land to be considered for public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision.

m.

Location, dimensions and area in square feet of all proposed buildings and structures.

n.

Location and dimensions of all parking spaces, accessible spaces, drive aisles, driveways, and curbs.

o.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

p.

General extent and character of proposed landscaping to include general species and size information.

q.

Proposed topography at two foot intervals, including general drainage patterns.

r.

Proposed exterior lighting, including parking lot lights and wall-mounted fixtures, including fixture type, location, height and intensity. Manufacturer's specification sheets shall be submitted.

s.

Phasing of development.

t.

Sight triangles (see Article 8, Division I).

5.

Exterior building elevations.

a.

Architectural elevations will be in color and drawn to a standard architectural scale and will include dimensions sufficient to determine the relationship between various elements building height, and proportion. The architectural style, size, color, and location of construction materials will be included.

b.

The architectural elevations shall depict all sides of proposed buildings and include notations of building materials and materials schedule describing the building materials to be used on exteriors and roofs and screening of mechanical equipment.

c.

In the event of several building types, a minimum of one color elevation of each building type is required.

6.

Land use schedule. A land use schedule shall include the following, as applicable:

a.

Total floor area;

b.

Number of dwelling units;

c.

Land area;

d.

Number of required and proposed parking spaces;

e.

Impervious coverage;

f.

Floor area ratio (FAR);

g.

Dwelling units per acre, with and without common area;

h.

The range of land uses to be permitted in each designated area of the development.

7.

Statement of need for modification requests. A narrative statement that explains the need for modification of the applicable zoning district or development regulations, in accordance with Article 2.

8.

Common Property Maintenance Plan. A written plan in such form as may be prescribed by the Director that demonstrates that all common property, if any, will be owned and maintained in accordance with Article 7, of this chapter, shall be submitted with the application for preliminary development plan approval.

(Ord. No. 9782, § 4, 11-14-2023; Ord. No. 10040, § 4(Exh.), 12-17-2024)

A.

Public hearing required. Consideration of preliminary development plan applications shall require public hearings before the Commission and Governing Body following publication notice, notices to surrounding property owners, and posting of notice signs as provided in this article. A public hearing is not required for modification requests that may be approved by the Planning Commission in accordance with this Article.

B.

Approval by ordinance. All preliminary development plan applications, with the exception of plans submitted with a modification application approved by the Planning Commission, shall be approved by ordinance.

C.

Modifications.

1.

The Commission may recommend, and the Governing Body may approve, pursuant to the procedures set forth in this section, a preliminary development plan that modifies one or more of the restrictions or requirements found in this chapter, including, but not limited to, density and minimum lot size requirements, floor area ratios, building setback requirements, design standards, required minimum public improvements, building materials and color, maximum structure heights, parking, landscaping, buffering and tree protection requirements.

2.

When a modification request is made that is not part of a pending rezoning application, the Commission may approve, pursuant to the procedures set forth in this section, a preliminary development plan that modifies one or more of the following requirements found in this chapter to: parking lot design, landscape buffer location, and rooftop mechanical unit (RTU) screening design.

3.

Uses permitted as of right, uses permitted with conditions and special uses within each district, as set forth in Article 4, cannot be modified pursuant to this subsection.

4.

Modification requests may be recommended for approval or approved, as the case may be, if the Approving Authority concludes that the applicant has demonstrated that approval of the modification will:

a.

Provide sustainable value to the City;

b.

Incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent throughout the proposed project;

c.

Effectively utilizes the land upon which the development is proposed;

d.

Further the goals, spirit and intent of this chapter; and

e.

The project as a whole is consistent with the approval criteria of this chapter.

3.

A separate vote on the proposed modification request is not required.

D.

Preliminary development plan in rezoning ordinance. Any preliminary development plan submitted with a rezoning application shall become part of the ordinance that amends the zoning ordinance.

E.

Duration of validity. Preliminary development plan approval by the Approving Authority shall not be valid for a period longer than 24 months from the date of such approval, unless within such period a final development plan application is submitted. The Approving Authority may grant one extension not exceeding 12 months upon written request.

(Ord. No. 9782, § 4, 11-14-2023; Ord. No. 10040, § 4(Exh.), 12-17-2024)

A.

Requirement. When a change is proposed to an approved preliminary development plan, the following shall govern the type of application required:

1.

Substantial changes. A new preliminary development plan application shall be submitted. Approval of the new preliminary development plan shall follow the procedures for approval of preliminary development plan applications as set forth in this article. In determining whether to approve an application for a substantial change to a preliminary development plan, the Commission or Governing Body shall apply the criteria set forth in this article. In the event that the application for the preliminary development plan is denied, the previously approved preliminary development plan will remain in effect.

2.

Minor changes. Minor changes to the approved preliminary development plan, as defined in this section, may be approved by the Director as part of a final development plan application.

3.

No changes. If there are no changes to an approved preliminary development plan, a final development plan shall be submitted for approval by the Director.

4.

Modifications. A new preliminary development plan application shall be submitted for a modification request when said request is not associated with a pending zoning application, in accordance with Section 2,320 of this Article.

B.

Definition of substantial changes. For purposes of this section, "substantial changes" to the approved preliminary development plan shall mean any of the following;

1.

A change in the phases as originally specified in the preliminary development plan that would have a negative impact on the traffic circulation.

2.

Increases in the density or intensity of residential uses of more than ten percent.

3.

Increases in the total floor area of all nonresidential buildings covered by the plan of more than 25 percent.

4.

Increases of lot coverage of more than ten percent.

5.

Increases in the height of any building of more than 25 percent.

6.

Changes of architectural style that will make the project less compatible with neighboring uses.

7.

Changes in ownership patterns or stages of construction that will lead to a different development concept.

8.

Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.

9.

Decreases of any setback of more than ten percent.

10.

Decreases of areas devoted to open space of more than ten percent of such open space, or the substantial relocation of such areas.

11.

Changes of traffic circulation patterns that will negatively affect on-site and/or off-site traffic.

12.

Changes of existing and/or proposed pedestrian walkways that will negatively affect pedestrian traffic.

13.

Modification or removal of conditions to the preliminary development plan approval.

14.

Changes to the water or sanitary sewer plans that impact these utilities outside the project boundaries.

C.

Definition of minor changes. For purposes of this section, "minor changes" to the approved preliminary development plan shall include, but not be limited to the following:

1.

Increases in the density of residential uses up to and including ten percent.

2.

Increases in the total floor area of all nonresidential buildings covered by the plan up to and including 25 percent.

3.

Increases of lot coverage up to and including ten percent.

4.

Increases in the height of any building up to and including 25 percent.

5.

Decreases of any peripheral setback up to and including ten percent.

6.

Decreases of areas devoted to open space up to and including ten percent.

7.

Reconfiguration of buildings provided that no required setbacks are violated.

8.

Revised phasing plan that has no substantial impact upon traffic circulation or required street construction.

(Ord. No. 10040, § 4(Exh.), 12-17-2024)

A.

No application for a preliminary development plan shall be accepted if any application for substantially the same property has been filed within the preceding 60 days.

B.

For purposes of Subsection A. of this section, the preceding 60-day period shall be determined as follows:

1.

If there was final action (either approval or denial) on the prior application, the 60-day period shall run from the date of such action.

2.

If the prior application was withdrawn after being advertised for public hearing, the 60-day period shall run from the date the application was withdrawn.

C.

The Director shall determine if an application concerns "substantially the same property" as a prior application. The property owner may appeal any such determination to the Governing Body.

D.

The Governing Body may waive the limitation in this section for good cause shown.

A.

A final development plan application shall be required in the following situations:

1.

The development of any property for which a preliminary development plan has been approved and no substantial changes, as defined in this article, are proposed;

2.

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created per this article;

3.

An addition to an existing parking lot or change in configuration of an existing parking lot provided no modifications of this chapter are requested;

4.

The construction of a new parking lot provided no modifications of this chapter are requested;

5.

The development of any property in the CS, and PI districts provided no modifications of this chapter are requested;

6.

A swimming pool, commercial as identified in Article 6, Division 4 of this chapter.

(Ord. No. 8895, § 1, 6-9-2020)

A.

All general application requirements contained in Section 2.040.A.

B.

All plan submission requirements in Section 2.040.B.

C.

Contents. The proposed final development plan shall also include the following:

1.

A legal description which accurately describes the limits of the property.

2.

Area of land in square feet and acres.

3.

Location and limits of the one percent annual chance flood, as set forth on the current FEMA maps with reference to the panel number. Elevations shall be provided if shown on the FEMA map.

4.

Layout, number and approximate dimensions of lots and approximate lot areas.

5.

Name, location, width, radii, centerline, and grade of streets and alleys, both public and private.

6.

Location, width and limits of all existing and proposed sidewalks and public walkways.

7.

Location and width of proposed easements.

8.

Building setback lines from streets with dimensions.

9.

Location and approximate dimensions of culverts and bridges.

10.

Location of existing and proposed driveways, curb cuts, median breaks and turn lanes.

11.

The location and size of all utility lines, including water, storm water, and sanitary sewers.

12.

Final analysis of the capacity of the existing sanitary sewer receiving system.

13.

Final water and sanitary sewer plans.

14.

Appropriate water service demand data (including, but not limited to, planned land usage, densities of proposed development, pipe sizes, contours and fire hydrant layout) to allow for the preliminary analysis of the demand for water service if required by the City Engineer.

15.

Final storm water collection, detention and erosion control plans.

16.

Information (proposed size, nature and general location) on all proposed storm water management facilities and detention facilities. A final storm water report shall be submitted unless the storm water report requirement was waived by the City Engineer or there are no required revisions to the preliminary storm water report. All storm water reports shall include:

a.

Current and proposed land use assumptions,

b.

Identification of the watershed in which the project is located,

c.

Identification of offsite drainage areas,

d.

Surrounding property information,

e.

Any other pertinent information about the site which may influence storm water runoff,

f.

Proposed storm water facilities,

g.

The downstream effects of the development,

h.

Calculations for the 100 percent, ten percent, and one percent storms. All calculations must be submitted with the report; a summary table is not acceptable,

i.

If the storm water report indicates that detention is not required, supporting calculations evaluating the downstream effects must be provided,

j.

All reports shall be signed and sealed by a professional engineer registered in the State of Missouri.

17.

Location and size of proposed open space for public use proposed to be dedicated or reserved and any conditions of such dedication or reservation; parks, playgrounds, churches, or school sites or other special uses of land to be considered for public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision.

18.

Location and dimensions of all parking spaces, accessible spaces, accessible routes, drive aisles, driveways, and curbs.

19.

Finished grades showing one-foot contours for the entire site (2-foot contour intervals may be allowed by the Director, depending on the site).

20.

All proposed and existing adjacent public street rights-of-way with centerline location.

21.

All proposed and existing adjacent public street and public drive locations, widths, curb cuts and radii.

22.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

23.

Location of all required building and parking setbacks.

24.

Location, dimensions, number of stories and area in square feet of all proposed buildings.

25.

The location of all oil and/or gas wells within the subject property.

26.

Limits, location, size and material to be used in all proposed retaining walls.

27.

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

28.

Location, height, intensity and type of outside lighting fixtures for buildings and parking lots.

29.

Photometric diagram indicating the foot candle levels throughout the site and at the property lines.

30.

The manufacturer's specification sheets for proposed exterior lighting to include both parking lot pole mounted and wall mounted fixtures. The specification sheets shall indicate the exact fixture to be used.

31.

Location, size, and type of material to be used in all screening of ground mounted mechanical equipment.

32.

The manufacturer's specification sheets for proposed mechanical equipment to be used.

33.

Location, size, and type of material of all proposed monument or freestanding signs.

34.

The location of adjacent developments, alignment and location of existing public and private driveways and streets, medians, and public and semi-public easements.

35.

Locations of existing and proposed fire hydrants.

36.

Sight triangles. (See Article 8, Division I.)

D.

Exterior building elevations.

1.

Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.

2.

Location, size and materials to be used in all screening of rooftop mechanical equipment.

3.

A dashed line indicating the roof line and rooftop mechanical equipment.

E.

Floor plan showing dimensions and areas of all floors within proposed buildings and structures.

F.

Landscaping plans shall be submitted in accordance with Article III.

G.

Land Use Schedule. A land use schedule shall include the following:

1.

Total floor area,

2.

Number of dwelling units,

3.

Land area,

4.

Number of required and proposed parking spaces,

5.

Impervious coverage, and

6.

Floor area ratio (FAR).

H.

The following shall be submitted in support of the application for final development plan approval:

1.

Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval, if conveyance thereof is not to be made by plat.

2.

A copy of all proposed covenants and restrictions applicable to the development.

3.

A copy of the property owners association bylaws as evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency.

4.

Evidence of satisfaction of any conditions of the preliminary development plan approval that were conditions precedent to consideration of the final development plan.

5.

An application for engineering approval pursuant to the Design and Construction Manual. All applications for engineering approval shall be accompanied by the number of copies of the following as required by the City Engineer:

a.

Engineering drawings with the information required in the Design and Construction Manual;

b.

Plans, profiles and details for streets, curb and gutters, sidewalks, storm and sanitary sewers, and water lines;

c.

A written benchmark description and elevation;

d.

A storm water Master Drainage Plan that contains detailed plans for storm drainage, storm water detention, and grading plans, as specified in the Design and Construction Manual.

(Ord. No. 8779, § 1, 12-10-2019)

A.

No changes. A final development plan that contains no changes to the approved preliminary development plan as authorized in this article, shall be approved by the Director upon a determination that all conditions of approval of the preliminary development plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied.

B.

Minor changes. A final development plan that contains minor changes to the approved preliminary development plan may be approved by the Director provided he/she determines that all other submission requirements including landscaping, tree preservation, buffering and screening plans have been satisfied. The phrase "minor changes" as used in this section shall be defined as that term is defined in this article.

C.

Substantial changes. When a final development plan contains substantial changes, as defined in this section, to the approved preliminary development plan, the applicant shall be required to submit a new preliminary development plan application. Approval of the new preliminary development plan shall follow the procedures for approval of preliminary development plan applications as set forth in this article. In determining whether to approve an application for a substantial change to a preliminary development plan, the Commission or Governing Body shall apply the criteria set forth in this article. In the event that the application for the preliminary development plan is denied, the previously approved preliminary development plan will remain in effect.

D.

Appeal. If the Director does not approve a final development plan, the decision may be appealed to the Governing Body. Any determination made by the Director under this subsection may be appealed to the Governing Body by the applicant within ten days after the date of the Director's determination. The Governing Body at its discretion may choose to consider the appeal at a public hearing. Such public hearings shall follow the publication notice provisions of this article. With respect to the appeals, the Governing Body shall act in accordance with the public hearing procedure specified in this article.

Final development plan approval shall not be valid for a period longer than 12 months from the date of such approval, unless within the period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final development plan schedule are obtained in a timely fashion, as determined by the Code Official. The Director of Development Services may grant one extension of no more than 12 months each upon written request of the original applicant. An application for extension of a final development plan may be granted, if the application is filed before the final development plan expires. Upon granting an extension, the Director has the authority to attach new conditions to the final development plan, as deemed appropriate. Further extension requests shall require approval by the Governing Body. Upon granting an extension, the Governing Body has the authority to attach new conditions to the final development plan, as deemed appropriate.

(Ord. No. 10040, § 4(Exh.), 12-17-2024)

A.

A final development plan or a section thereof shall terminate and be deemed null and void if:

1.

The property owner shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within 12 months after receiving final development plan approval, or a longer period of time if an extension of the final plan has been granted by the Governing Body; or

2.

The property owner abandons the final plan or a section thereof and notifies the Director in writing of the abandonment.

B.

Whenever a final development plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new final development plan has been approved.

A.

Statement of intent. A conceptual development plan is designed to allow review of developments or redevelopments, consisting of larger acreages or multiple uses, prior to review of one or more preliminary development plans for part or all of the property. A conceptual development plan is not intended to replace a preliminary development plan, but rather is designed to provide additional flexibility to review developments and redevelopments in the early stages of the process. A conceptual development plan provides a framework for which phases of the development will occur.

B.

When allowed. A conceptual development plan will be allowed for any multiple-use development. A conceptual development plan does not substitute for a preliminary development plan, but may be reviewed and approved prior to consideration of one or more preliminary development plans for the property.

C.

Submission requirements. All contiguous property under common ownership, common control or common option to purchase shall be shown on the conceptual development plan, and the following materials and information shall be submitted with a conceptual development plan application:

1.

All general application requirements contained in Section 2.040.A.;

2.

All plan submission requirements in Section 2.040.B.;

3.

Total number of dwelling units, if applicable;

4.

Total square feet of commercial/retail development;

5.

General street layout;

6.

General lot and parcel layout including all structures;

7.

Typical structure elevations including materials and colors;

8.

Preliminary water and sanitary sewer availability calculations;

9.

Conceptual landscape plan; and

10.

Any other information as may be deemed necessary by the Director to provide adequate review of the application.

D.

Consideration of Conceptual Development Plans. The Commission and Governing Body shall consider the conceptual development plan at a public hearing pursuant to this article, with prior notice as set forth in this article. The Commission and Governing Body shall review the conceptual development plan using the standards and criteria set forth in this article. If a rezoning of the property is requested, the conceptual development plan shall be considered simultaneously with the rezoning of the property. Approval of a conceptual development plan shall become part of the ordinance that amends the zoning ordinance. Approval of the Conceptual Development Plan does not constitute approval of a preliminary development plan for any phase shown on the Conceptual Development Plan. By approving the Conceptual Development Plan, the Governing Body is preserving to itself full legislative discretion to review a preliminary development plan for each phase shown on the conceptual development plan, or for the entire property, as may be applicable, including review and consideration of all criteria governing preliminary development plans as set forth in this chapter.

E.

Limitation on development. No development may occur on any property for which only a conceptual development plan has been approved. If the conceptual development plan is used, no construction may occur on any such property until one or more preliminary development plans and final development plans have been approved in accordance with this chapter.

A.

When required. Pursuant to Article 9, a sign application, which may include either a single sign or several signs, shall be submitted for any sign(s) that cannot be administratively approved, is not prohibited, and which may be approved by the Planning Commission.

A sign application shall not be submitted for any sign(s) that can be approved administratively or when another process is identified.

B.

Submission requirements. The following information shall be submitted with a sign application:

1.

All general application requirements contained in Section 2.040.A.

2.

All plan submission requirements in Section 2.040.B.

C.

Consideration of sign application. See Article 9 for criteria that may be considered by the Commission.

D.

Action by Commission. The Commission shall consider and have the authority to grant final approval on the sign application. Upon obtaining Commission approval, the applicant shall apply for, and the Director shall approve, a sign permit, pursuant to the sign permit requirements in Article 9.

The following items shall be submitted in support of an application for street name change:

A.

Name, address and telephone number of the applicant.

B.

Names and addresses of all property owners directly impacted by the proposed street name change.

C.

Signatures of all property owners directly impacted by the proposed street name change. If signatures of all property owners cannot be obtained, the application may proceed through the public hearing process for consideration.

A.

Community Development Committee. All proposed street name change applications where the affected property owners and city staff agree to the street name change, an ordinance shall be prepared for consideration by the Governing Body.

B.

Public hearings. If there is any opposition to the proposed change, or if any affected property owners cannot be reached or, for whatever reason, fail to provide affirmative support for the change, consideration of the street name change shall require public hearings before the Commission and Governing Body following publication notice, notice to surrounding property owners, and posting of notice signs as provided in this article.

C.

Approval by ordinance. All street name changes shall be approved by ordinance. The ordinance approving a street name change shall be recorded at the County Recorder of Deeds Office. The City shall notify all appropriate public agencies and utility companies of the street name change.

See Article 6, Division III.

See Article 7.

Any person owning any property adjoining or abutting any public highway, street, avenue, alley or public place or part thereof may apply for a vacation of right-of-way. The application shall be accompanied by a legal description and survey or such other drawing acceptable to the Director depicting the right-of-way sought to be vacated and the properties and property ownerships abutting said right-of-way.

A.

Public hearing required. Consideration of vacation of right-of-way applications shall require public hearings before the Commission and Governing Body following publication notice, notices to surrounding property owners, and posting of notice signs as provided in this article.

B.

Approval by ordinance. All vacation of right-of-way applications shall be approved by ordinance.

C.

Consideration. The Governing Body may approve the application if the applicant presents clear and convincing evidence and the Governing Body determines from the evidence that:

1.

Due and legal notice has been given by publication as required herein;

2.

No private rights will be injured or endangered by the vacation; and

3.

The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.

D.

Objection to vacation. If, at the time of or before the hearing, a written objection to the application is filed with the Governing Body by any owner or adjoining owner who would be a proper party to the application but has not joined in the application, the vacation shall not be granted except upon a two-thirds vote of the Governing Body.

The property owner(s) of any property containing a utility easement, or any other public easement, may apply for a vacation of easement. The application for vacation of easement shall be filed with the Director. The application shall be accompanied by a legal description and survey, or such other drawing acceptable to the Director, depicting the easement sought to be vacated. The applicant shall obtain letters from representatives of any affected utility companies stating that the easement will not be needed by the service provider. All such letters shall be submitted to the Director prior to scheduling the proposed vacation for the Commission's consideration.

A.

Review of vacation of easement. The Director shall coordinate review and analysis of the vacation of easement application by the City Staff. The results of this analysis shall be compiled by the Director and a staff report prepared for the Commission's consideration.

B.

Action by Commission. The Commission shall consider and make a recommendation to the Governing Body on the vacation of easement application.

C.

Governing Body action upon Commission recommendation. Following review and recommendation by the Commission, the vacation of easement shall be transmitted to the Governing Body for final action. The actions of the Governing Body shall be by ordinance.

A.

Who may appeal and process. An application for appeal to the Board from a decision of any officer administering the provisions of this chapter may be taken by any person or persons jointly or severally aggrieved, any neighborhood association as defined in RSMo 32.105, or by any officer, department, board or bureau of the municipality affected by any decision of any officer administering the provisions of this chapter. The application for appeal shall be filed with the person whose decision is being appealed and the secretary of the Board within 30 days of the date of the decision. The officer whose decision is being appealed shall immediately, after being served with the notice of appeal, transmit all the papers constituting the record upon which the action appealed from was taken to the secretary of the Board. The application shall specify all grounds for the appeal. All grounds not specified in the application shall be deemed waived by the applicant.

B.

Stay on appeal. An appeal stays all proceedings in the furtherance of the action appealed from, unless the officer whose decision is being appealed certifies to the Board, after the notice of appeal is filed with the Board, that, by the reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, proceedings shall not be stayed except upon issuance of a restraining order, which may be granted by the Board or by a court of record on by giving notice to the officer from whom the appeal is taken, and on due cause shown.

Consideration of appeals by the Board shall be at a public hearing, following publication notice as provided in this article. The Board shall make its determination within 30 days of the date the appeal was filed with the Board, unless a majority of all of the members of the Board shall determine that additional time is necessary. The Board shall reverse or modify a decision or determination made by the administrative official only when it is determined that a permit has been incorrectly issued or denied, or that this chapter has been incorrectly interpreted.

Applications for all variances shall be filed with the Director and the Secretary of the Board on forms available from the Department. Each application for a variance shall be accompanied by a sketch plan, in the detail required by the Director or the Board, depicting the proposed variance and its relationship to surrounding properties.

A.

Limitation on variances. The Board may grant a variance from the specific terms of this chapter. However, the Board shall not have authority to grant a variance from any zoning district regulation that a property owner received or could have received through a modification pursuant to this article as a result of approval of the development plan.

B.

Standards. An application for a variance may only be granted upon a finding by the Board that the applicant has shown by clear and convincing evidence that all of the following conditions have been met:

1.

With respect to a use variance, that:

a.

The strict application of the provisions of this chapter would constitute unnecessary hardship upon the applicant;

b.

The grant of the variance will not alter the essential character of the locality; and

c.

The land in question cannot yield a reasonable return if used only for the purposes allowed in the district.

2.

With respect to a non-use variance, that practical difficulties exist that would make it impossible to carry out the strict letter of this chapter. In making such finding the Board shall consider:

a.

How substantial the variation is, in relation to the requirement;

b.

If the variance is allowed, the effect of increased population density, if any, on available public facilities and services;

c.

Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties is created;

d.

Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance;

e.

Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance; and

f.

Conditions of the land in question, and not conditions personal to the landowner. The Board shall not consider evidence of applicant's personal financial hardship unrelated to any economic impact upon the land.

3.

With respect to all variances, that:

a.

The granting of the variance will not adversely affect the rights of adjacent landowners or residents;

b.

Granting the variance will not be opposed to the general spirit and intent of this chapter;

c.

The variance desired will not adversely affect the public health, safety or general welfare;

d.

The variance requested arises from a condition that is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant; and

e.

Substantial justice will be done.

C.

Hearing on variance application. Variances shall only be considered after a public hearing has been held, following publication notice, notice to surrounding property owners and posting of signs as provided in this article. A copy of the publication notice shall also be mailed to the applicant and to the Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the Secretary of the Board prior to the hearing.

D.

Findings and conditions. If an application for variance is granted by the Board, it shall contain findings of fact by the Board, shall be signed by the Chairman of the Board, and shall state on the application the conditions of the approval established by the Board. A copy of the approved variance application shall be forwarded by the Board secretary to the Director who shall issue a permit setting out the terms of the variance, or a copy shall be sent to the appropriate board or commission, if other action is necessary.