Lone Jack City Zoning Code
ARTICLE IV
Zoning Districts
Section 400.280 Zoning Districts - General.
[CC 2005 UDO § 4.1; Ord. No. 731, 8-18-2022]
A.
Establishment Of Zoning Districts. In order to classify and segregate the uses of land and buildings, the following districts are hereby established:
A | Agricultural |
BX | Business Flex Space |
RR | Rural Residential |
SR | Semi-Rural Residential |
LDR | Low-Density Residential |
MDR | Medium-Density Residential |
HDR | High-Density Residential |
DR | Duplex Residential |
CN | Neighborhood Commercial |
CH | Highway Commercial |
PD | Planned Development |
P | Planned Overlay District |
H | Historic Overlay District |
B.
Zoning Map. The Official Zoning Map ("Zoning Map") and the explanatory material thereon is hereby adopted by reference and declared to be a part of these regulations. Such Zoning Map and all the notations, references and other matters shown on the Map shall be as much a part of these regulations as if the notations, references and other matters set forth by said Map were all fully described in this Chapter. The Zoning Map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor attested by the City Clerk under certification as the Official Zoning Map.
C.
Zoning District Boundaries. The boundaries of zoning districts within these regulations are as indicated upon the Zoning Map. Whenever the City approves an amendment to the Zoning Map, such amended Zoning Map is made a part of these regulations by reference.
D.
Changes In The Zoning Map. No change in the Zoning Map shall be made except in accordance with these regulations. All such changes, together with the ordinance number and the date of change, shall be recorded on the Zoning Map by the City Clerk, with the signature of the Mayor.
E.
Interpretation Of The Zoning Map. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
1.
Boundaries indicated as following streets, highways, alleys or other public rights-of-way shall be construed to follow the centerlines thereof.
2.
Boundaries indicated as following platted lot lines shall be construed as following the lot lines.
3.
Boundaries indicated as approximately following section lines, quarter lines, quarter section lines, or quarter-quarter section lines shall be construed as following the lines.
4.
Boundaries indicated as following corporate limits shall be construed as following corporate limits.
5.
Boundaries indicated as following the rivers, streams, creeks or other waterways shall be construed to follow the centerlines.
6.
Boundaries not capable of being determined in the previous Subsections shall be as dimensioned on the Zoning Map or, if not dimensioned, shall be determined by the scale shown on the Zoning Map.
7.
Where a district boundary divides a lot of record, the Planning and Zoning Commission may permit, as a conditional use permit, the extension of the district regulations for either portion of the lot to the remaining portion of the lot, provided, that the district regulations may not be applied for a distance greater than fifty (50) feet beyond the established district boundary line.
8.
Where physical features are at variance with those shown on the Zoning Map, or in other circumstances not covered by the foregoing, the Zoning Administrator shall interpret the district boundaries subject to appeal to the Planning and Zoning Commission, consistent with the land use maps, goals, objectives, policies and actions as set forth in the City's adopted Comprehensive Plan.
F.
Maintenance Of The Zoning Map. The Zoning Administrator shall maintain the Zoning Map.
Section 400.290 District A (Agricultural District).
[CC 2005 UDO § 4.2]
A.
Purpose. The Agricultural District is intended to help retain large tracts of land for agricultural purposes and to minimize conflicts between agricultural uses and adjacent development. The principal purpose of this district is to provide for large tracts of open land [ten (10) acres or more] devoted to active agricultural and open space uses, including crop farming, animal raising, pasture and woodlands with related residential and farm structures and equipment.
B.
Permitted Uses. In District A, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Agriculture, horticulture, nurseries, greenhouses, orchards and general farming, including raising and pasturing of livestock, goats, hogs, etc., but not dry-lot feeding, and raising, fattening, killing or processing of chickens, turkeys and other poultry, providing there shall be no feeding or disposal of garbage, rubbish or offal unless a permit for such operation is issued by the Board of Aldermen, under such restrictions as the Board of Aldermen may impose.
2.
Riding stables provided the stables shall be located not less than one hundred (100) feet from any property line.
3.
Dairies, dairy farming including enterprises which are incidental to the dairy operations.
4.
Fur farming for the raising of fur bearing animals, provided buildings and pens shall be located not less than one hundred (100) feet from any property line.
5.
Kennels, provided the buildings and pens shall be located not less than two hundred (200) feet from any property line; fish hatcheries, apiaries and aviaries.
C.
Accessory Uses.
1.
Accessory uses, including repair shops, windmills, sheds, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses, and roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.295 District BX (Business Flex Space).
[Ord. No. 731, 8-18-2022]
A.
Purpose. The Business Flex Space District is intended to accommodate certain office, warehouse, commercial, and light industrial uses. This district should be utilized by those businesses which will generate traffic in volumes no greater than local traffic capacities.
B.
Permitted Uses. In District BX, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Administrative and business offices.
2.
Agricultural sales and services.
3.
Arts and crafts studio.
4.
Building and grounds maintenance services.
5.
Business support services.
6.
Business or trade school.
7.
Cabinetry and woodworking and sales without outside storage.
8.
Communications systems sales and service, manufacturing and wholesale.
9.
Construction sales and services (general).
10.
Construction sales and services (limited).
11.
Custom manufacturing.
12.
Consumer repair services.
13.
Furniture, appliance, and carpet stores and showrooms.
14.
Indoor sports and recreation.
15.
Medical offices.
16.
Personal improvement services.
17.
Research services.
18.
Showrooms and sales of specialty building products.
19.
Sign shops, including painting and fabrication.
20.
Wholesale trade and warehousing establishments.
D.
Performance Standards.
1.
Utilitarian areas, such as loading docks, mechanical equipment, storage areas, and trash enclosures, shall be located at the rear of the building and screened; provided, however, that front loading docks are acceptable as long as they are not used for storage overnight.
2.
All proposed developments shall be designed with open space between buildings and around setback areas in such a manner to ensure an adequate visibility of buildings and to diminish the appearance of height and bulk development in relation to the character of the surrounding area. Overall proposed development shall be twenty percent (20%) of open space. Each individual lot shall be designed to five percent (5%) open space.
3.
[1]
Editor's Note: Said table is included as an attachment to this Chapter.
Section 400.300 District RR (Rural Residential District).
[CC 2005 UDO § 4.3]
A.
Purpose. The Rural Residential District is intended for very-low-density residential use, with lots consisting of one (1) or more acres of land.
B.
Permitted Use. In District RR, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Golf courses, not including golf course club houses (miniature golf courses or driving ranges are not permitted). Golf course club houses are subject to the conditions of Article V.
6.
Railroad rights-of-way, not including railroad yards.
7.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.310 District SR (Semi-Rural Residential District).
[CC 2005 UDO § 4.4]
A.
Purpose. The Semi-Rural District is intended for lower-density residential uses by requiring larger lots in order to provide a transition between rural or semi-rural areas and higher density development.
B.
Permitted Use. In District SR, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Railroad rights-of-way, not including railroad yards.
6.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.320 District LDR (Low-Density Residential District).
[CC 2005 UDO § 4.5]
A.
Purpose. The Low-Density Residential District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly.
B.
Permitted Uses. In District LDR, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Railroad rights-of-way, not including railroad yards.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.330 District MDR (Medium-Density Residential District).
[CC 2005 UDO § 4.6]
A.
Purpose. The Medium-Density Residential District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly.
B.
Permitted Uses. In District MDR, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Railroad rights-of-way, not including railroad yards.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.340 District HDR (High-Density Residential District).
[CC 2005 UDO § 4.7]
A.
Purpose. The High-Density Residential District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly.
B.
Permitted Uses. In District HDR, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Railroad rights-of-way, not including railroad yards.
D.
Performance Standards. See Table 4-1.[1]
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.350 District DR (Duplex Residential District).
[CC 2005 UDO § 4.8]
A.
Purpose. The Duplex Residential District is intended primarily to accommodate one- or two-family detached dwellings and related residential activities. This district is generally located in areas of the City near higher density dwelling units or near commercial areas or may serve as a transition between residential and more intensive land uses.
B.
Permitted Uses. In District DR, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single- and two-family.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Railroad rights-of-way, not including railroad yards.
D.
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.360 District CN (Neighborhood Commercial).
[CC 2005 UDO § 4.9]
A.
Purpose. The Neighborhood Commercial District is intended primarily for neighborhood office and commercial uses. This district should be utilized by those businesses which will generate traffic in volumes no greater than local traffic capacities.
B.
Permitted Uses. In District CN, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Administrative and business offices.
2.
Arts and crafts studio (limited).
3.
Automotive rentals and washing.
4.
Business support services.
5.
Business or trade school.
6.
Commercial off-street parking.
7.
Communications services.
8.
Consumer convenience services.
9.
Consumer repair services.
10.
Day-care services (limited).
11.
Day-care services (commercial).
12.
Financial services.
13.
Food sales (convenience).
14.
Food sales (general).
15.
Funeral services.
16.
Medical offices.
17.
Personal improvement services.
18.
Personal services.
19.
Professional offices.
20.
Retail sales or rental (convenience).
21.
Retail sales or rental (general).
22.
Small animal services.
D.
[1]
Editor's Note: The table of performance standards is included as an attachment to this Chapter.
Section 400.370 District CH (Highway Commercial District).
[CC 2005 UDO § 4.10]
A.
Purpose. The Highway Commercial District is intended predominately for commercial activities of a service nature which typically draw traffic from outside the City or off of the highway.
B.
Permitted Uses. In District CH, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Any use allowed in District CN.
2.
Agricultural sales and services.
3.
Animal services.
4.
Arts and crafts studio (industrial).
5.
Animal services.
6.
Automotive rentals.
7.
Automotive repair services.
8.
Automotive washing.
9.
Building and grounds maintenance services.
10.
Cocktail lounge, provided the front entrance is not less than three hundred (300) feet from any existing school, church or day-care and not less than three hundred (300) feet from a residential district.
11.
Commercial embalming services.
12.
Commercial off-street parking.
13.
Construction sales and services (general) or (limited).
14.
Custom manufacturing.
15.
Exterminating services.
16.
Gasoline stations.
17.
Hotel/motel.
19.
Indoor sports and recreation, provided the front entrance is not less than three hundred (300) feet from any existing school or church and not less than three hundred (300) feet from a residential district.
20.
Laundry services.
21.
Liquor sales, provided the front entrance is not less than three hundred (300) feet from any existing school, church or day care and not less than three hundred (300) feet from a residential district
22.
Pawn shops.
23.
Research services.
24.
Restaurants (convenience, general, limited).
25.
Medical marijuana cultivation facility.
[Ord. No. 620, 8-8-2019]
26.
Medical marijuana dispensary facility.
[Ord. No. 620, 8-8-2019]
27.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 620, 8-8-2019]
28.
Medical marijuana testing facility.
[Ord. No. 620, 8-8-2019]
29.
Transportation facility.
[Ord. No. 620, 8-8-2019]
30.
Campground and RV parks, provided, that no recreational vehicle shall remain in place for more than thirty (30) days in any one-year period, and no one (1) person shall occupy a campground or RV park in any one (1) or more recreational vehicles for more than twenty-one (21) days in any one (1) period.
[Ord. No. 632, 12-19-2019]
31.
Comprehensive marijuana cultivation facility.
[Ord. No. 765, 4-20-2023]
32.
Comprehensive marijuana dispensary facility.
[Ord. No. 765, 4-20-2023]
33.
Comprehensive marijuana-infused products manufacturing facility.
[Ord. No. 765, 4-20-2023]
34.
Marijuana testing facility.
[Ord. No. 765, 4-20-2023]
35.
Medical marijuana cultivation facility.
[Ord. No. 765, 4-20-2023]
36.
Medical marijuana dispensary facility.
[Ord. No. 765, 4-20-2023]
37.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 765, 4-20-2023]
38.
Microbusiness dispensary facility.
[Ord. No. 765, 4-20-2023]
39.
Microbusiness wholesale facility.
[Ord. No. 765, 4-20-2023]
D.
[2]
Editor's Note: Said table is included as an attachment to this Chapter.
Section 400.380 Planned Development District (PD).
[CC 2005 UDO § 4.11]
A.
Purpose And Intent. The intent of the Planned Development (PD) regulations is to permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations. It is hereby intended to permit, upon application and upon approval of site and use plans, the creation of Planned Development (PD) Districts. Such a designation shall be determined by, and shall be 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, and with a reasonable consideration being given, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City. In "PD" District, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot-by-lot rather than a unified basis.
B.
Application Of Planned Development District Provisions. A PD District may be proposed for any location in the City if 1) more than one (1) land use is proposed on a single land; 2) different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one (1) or more adjacent parcels under single or separate ownership; or 3) an exception or variance from the size, setback, frontage, density, uses or other standards that are required in other zoning districts permitting the same uses are being proposed as part of a development plan. No PD District shall be considered without submission of a development plan. A site proposed for a PD District classification shall contain a contiguous area of five (5) acres or more, unless a smaller area is specifically approved by the Governing Body due to special and unusual circumstances. Property shall be deemed to be contiguous if all parts are under unified control, to ensure that the development plan can be executed as approved, and all parts abut or are separated by only a road, easement, or right-of-way.
C.
Effect Of Planned Development District Approval. Approval of a PD District shall constitute an amendment to the zoning ordinance. Designation of a property as a Planned Development (PD) District in accordance with an approved development plan shall supersede all existing and prior zoning classifications. A planned district approved by the Board of Aldermen by ordinance shall be designated on the zoning map by the letters "PD."
D.
Standards. All PD Districts shall at a minimum satisfy the following standards and requirements:
1.
Uses Permitted. The development plan shall specify, both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses as are to be permitted. The Board of Aldermen may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determinations of the uses to be permitted within the PD District, the Board of Aldermen may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD District, the appropriateness of permitted uses for the area in general and their overall impact on the community and the consistency of the permitted uses with other adopted plans and policies.
a.
Residential. A PD District may allow for a more flexible placement, arrangement and orientation of residential structures, with accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities such as garages and parking. A PD District also may provide for a mixture of housing types (single-family, two-family, multi-family, etc.) according to a carefully drawn plan. The proposed residential development shall make maximum use of natural features, and, through proper site planning measures, it shall be compatible with the existing character and development pattern of the surrounding area. In a PD District proposing more than seventy-five (75) individual residential dwelling units, no more than twelve percent (12%) of such units should be two-family or multi-family units.
b.
Office. A PD District may contain orderly, well-designed office and institutional uses compatible with the surrounding area.
c.
Commercial. A PD District may provide for maximum attainable commercial usage of property while ensuring development consistent with the Governing Body's long-range plans.
d.
Industrial. A PD District may contain land designated for a single industrial use or for multiple but compatible industrial uses in an industrial park.
e.
Conditional Uses. Approval of a use requiring a "conditional use permit" shall be considered as an amendment to the PD District. In considering a "conditional use permit," in addition to the Zoning Ordinance's applicable section on conditional uses, all rezoning considerations for a PD District shall be applicable.
2.
Intensity Of Development. The development plan shall contain provisions to regulate the intensity of development within the PD District. Such provisions may apply to the project as a whole or to subareas within the project as appropriate.
a.
For non-residential development, the intensity of development may be regulated:
(1)
By specifying an appropriate floor area ratio (FAR);
(2)
By specifying maximum square footage or gross leasable area;
(3)
By specifying setbacks, height and bulk restrictions; or
(4)
By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other residential activities. The Board of Aldermen may impose such standards and restrictions as necessary to achieve the intent of this Section. In making its determination regarding the intensity of development and appropriate performance standards, the Board may consider character and scale of similar developments, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with other plans and policies.
b.
For residential development, the Preliminary and Final Development Plans shall specify the residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding whether the proposed residential density is appropriate, the Board may consider i) compatibility of residential densities with other uses within the district as well as outside the district, ii) the impact of residential densities on public facilities and services, iii) the consistency with the Comprehensive Plan and other adopted plans and polices, and iv) the comparison of allowed density under the residential zoning districts.
3.
Bulk, Area And Height Requirement. The development plan shall specify bulk, area and height restrictions for the project as a whole and for subareas and/or components of the project as appropriate. The Board may impose alternate or additional standards or restrictions to achieve the intent of this Section. In making its determination regarding such standards or restrictions, the Board may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of similar developments within the area of the proposal, and the consistency with adopted plans and policies. The development plan shall contain a summary of how the proposed bulk, area and height requirements differ from those set forth in Table 4-1[1] of these regulations.
[1]
Editor's Note: Said table is included as an attachment to this Chapter.
4.
Public Facilities. The development plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The Board may impose conditions, restrictions and standards as appropriate to achieve the intent of this Section. In making its determination regarding such conditions, restrictions and standards, the Board may consider the adequacy of existing public facilities and services, the timely provision of adequate public facilities and services and the overall cost to the community.
5.
Access To Public Thoroughfares. The development plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The Board may impose such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this Section. In making its determination regarding such access standards and restrictions, the Board may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns on other adopted plans and policies.
6.
Off-Street Parking And Loading Requirements. Unless specifically modified by the development plan, the off-street parking and loading requirements contained within these regulations shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to density and/or occupancy characteristics of the project and/or the availability of public transportation.
7.
Signs. Unless specifically modified by the development plan, the sign regulations contained within these regulations shall apply. Modifications to the sign regulations shall be approved only if the general intent to the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.
8.
Perimeter Treatment. The development plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The Board may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
9.
Landscaping.
a.
Notwithstanding any provision of Section 400.700 to the contrary, the development plan shall specify landscaping performance standards that require twenty (20) points per each five thousand (5,000) square feet of gross lot area within the project. Points shall be calculated in the following manner:
(1)
Shade tree, two (2) inches minimum diameter = ten (10) points.
(2)
Ornamental tree, one and one-half (1 1/2) inches minimum diameter = five (5) points.
(3)
Evergreen tree, five (5) feet minimum height = five (5) points.
(4)
Shrub, eighteen (18) inches to twenty-four (24) inches height = three (3) points.
b.
The point value derived from shade trees shall not exceed fifty percent (50%) of the total points needed for the project. The development plan shall specify that each of the four (4) types of plant materials shall be used in an amount equaling a minimum of ten percent (10%), respectively, of the total point value required for the project.
c.
Illustration: A 50,000-square-foot lot requires two hundred (200) points, thus each type of plant materials must be used in an amount of at least twenty (20) points. The illustration project, therefore, would require a minimum of two (2) shade trees, four (4) ornamental trees, four (4) evergreen trees and seven (7) shrubs. Any of the four (4) types of plant materials then could be used to comprise the remaining one hundred nineteen (119) points needed for the illustration project, provided, that no more than ten (10) shade trees could be used.
10.
Exterior Walls.
a.
At least seventy-five percent (75%) of the total exterior wall surface area shall be constructed with the materials listed below. The City shall approve the distribution of the materials to satisfy the seventy-five percent (75%) standard. In addition, any wall facing U.S. 50 Highway or M-150 Highway which is not considered to be the "front" shall contain a facade, window or other wall articulation feature to avoid a "blank" wall appearance.
(1)
Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced, or veneered-wall construction, or similar materials.
(2)
Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all-weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
(3)
Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick.
(4)
Stucco or approved gypsum concrete/plaster materials, including exterior insulation finish systems (EIFS) products such as Dryvit or similar products.
(5)
Glass Walls. Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.
(6)
Wood, provided that plywood paneling shall be prohibited.
(7)
Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.
b.
All remaining exterior walls shall be constructed of materials in Subsection (D)(10)(a) above or the following:
c.
Prohibited Materials On All Exterior Walls.
d.
Exposed front and street sidewall facades, excluding windows, doors, or overhead doors, consisting of a single undifferentiated plane with a single texture or color, shall be prohibited.
e.
Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors, or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.
f.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.
E.
Procedure. Applications for PD District Designation shall be processed pursuant to a three-step review process as specified in this Section. The three-step procedure shall include: 1) a suggested pre-application conference; 2) a preliminary development plan; and 3) a final development plan.
1.
Preliminary Development Plan. An applicant may submit a preliminary development plan, which shall contain, at a minimum, the following information:
a.
A legal description of the site proposed for PD designation, including a statement regarding present ownership and present zoning. The legal description must contain the original signature and seal of a Missouri registered surveyor.
b.
A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; the amount of land in common area open space, recreation use or public use, if appropriate; and the treatment of project boundaries.
c.
Written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site lay-outs, if appropriate; provisions for maintenance of common areas; any proposed agreements, dedications or easements; any proposed private covenants and restrictions; and any other information required by this Section or pertinent to a determination of compliance with the Section.
d.
A circulation plan that indicates roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The circulation plan may be included as part of the Master Conceptual Plan.
e.
An improvement plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal, including method and location of sewage discharge; methods and facilities for the management of stormwater runoff; improvements to streets and roads; and any other physical improvements required to support the project.
f.
A statistical summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project; the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios, and other data relating the intensity of development to the site size and location.
g.
An environmental impact statement indicating possible problem areas within the site as well as solutions to these problems as intended by the developer.
h.
To the extent that phases are applicable, phases of development must be shown on the preliminary development plan. If the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final development plan for that phase is approved by the Board of Aldermen.
(1)
The following elements are optional at the request of the Planning and Zoning Commission:
(a)
A sign plan which indicates the location, size and design and other pertinent provisions relating to signs within the project.
(b)
A parking plan which shows the number of parking spaces as well as their general location and design.
(c)
Any other plan element or technical study that the Planning and Zoning Commission or the Board of Aldermen deem necessary to adequately consider and review the preliminary development plan.
(2)
The preliminary development plan shall be reviewed as a zoning amendment and shall be processed as such.
2.
Final Development Plan.
a.
Due to diversity in size and character of proposals considered under this Section, flexibility in the form, content and approval procedures of the final development plan should be retained. Toward this end, the Board of Aldermen shall specify, as part of its approval of the Preliminary Plan, the form, content and approval authority of the final development plan.
b.
In the event that the Board considers a submission of a final development plan necessary for all or part of the District, it shall so specify in its approval of the preliminary development plan. The Board may retain its authority to approve the final development plan or may delegate its approval authority to the Planning and Zoning Commission or to a specified official(s). In the event the approval authority is delegated, the Board shall specify the limits of discretion to be exercised by the approving authority.
c.
No building permit shall be issued for all or any portion of a PD District until the final development plan has been approved.
d.
Every final development plan shall provide all the information required of a preliminary development plan and shall further include grading, landscaping, lighting and signage plans.
3.
Failure to commence construction after approval a PD District.
a.
If substantial construction has not commenced within i) three (3) years after the date of Board of Aldermen approval for a PD development site of less than a total of two hundred (200) acres, or ii) five (5) years after the date of Board of Aldermen approval for a PD development site of more than a total of two hundred (200) acres, the Zoning Administrator shall review the development plan to determine whether the development plan should be voided or remain in effect.
b.
If the Zoning Administrator shall determine that the development plan or any phase thereof is no longer viable, he/she shall present the matter to the Planning and Zoning Commission for recommendation to the Board of Aldermen. Simultaneously therewith, the Zoning Administrator may request the Planning and Zoning Commission to review the existing zoning classification. The Zoning Administrator may request that the property be rezoned to that district which immediately preceded the approval of the planned district.
c.
The Planning and Zoning Commission shall hold a public hearing on the issue of voiding the development plan or any phase thereof and on the issue of rezoning the property, if so requested by the Zoning Administrator. The recommendation of the Planning and Zoning Commission shall be referred to the Board of Aldermen.
d.
After a public hearing, the Board of Aldermen shall have the final determination as to whether the development plan or any phase thereof shall be voided or remain in effect, as well as to whether the property should be rezoned.
e.
If the Zoning Administrator shall determine that the development plan or any phase thereof is viable or necessary to carry out the requirements of this chapter, the zoning officer shall declare that the development plan or any phase thereof shall remain in effect; provided, however, that the Zoning Administrator shall report monthly to the Planning and Zoning Commission detailing the plans to remain in effect.
f.
Nothing stated within this Section shall be deemed to prohibit an application for an amendment to or a subsequent application for a planned district.
4.
Subdivision Plats And Site Plans Required. At the option of the applicant, the preliminary development plan may also serve as the preliminary plat. If the option is exercised, the plan shall include information required of preliminary plats. However, PD Districts are to be reviewed on their individual merits upon specific application of a developer. Any conflicts with the other provisions of this Chapter may be waived by the Board of Aldermen to carry out the intent of a plan.
Section 400.390 Planned Overlay District (District P).
[CC 2005 UDO § 4.12]
A.
Introduction.
1.
A planned overlay district shall be for the purpose of permitting and regulating the zoning districts previously cited in this Chapter, and shall provide latitude and flexibility in location of buildings, structures, open spaces, play areas, parking, roads, drives, variations in setback and yard requirements. The Planning and Zoning Commission shall consider each plan and make its recommendation to the Board of Aldermen, which shall then make a determination as to approval or disapproval of the plan. Land may be zoned as District P (Planned Overlay District) by the Board of Aldermen on its own motion, whenever it is felt that such land would be better developed and fulfill the intent of the City's Future Land Use and Comprehensive Plan development. The owner or developer of such land designated as a District P (Planned Overlay District) by the Board of Aldermen shall submit a Site development plan to the Planning and Zoning Commission which must be considered by said Commission and recommendation made to the Board of Aldermen, and then approved by the Board of Aldermen before the land may be developed.
2.
The owner or developer of land determined by the Board of Aldermen to be better developed as a planned development shall, prior to such development, prepare and submit to the Planning and Zoning Commission a site development plan with the following elements:
a.
The boundaries of the area and the development of property adjacent to the area and within three hundred (300) feet thereof.
b.
The existing topography at intervals no greater than five (5) feet.
c.
Proposed location, number, type and arrangements of buildings, typical elevation, structures, parking areas, existing and proposed streets, drives, open spaces, play areas and other reasonable information required by the Commission. The plan shall be accompanied by a plat giving full legal description of the boundaries of the property.
B.
Applicability. Land may be zoned under this Planned District Classification RR-P through CH-P, inclusive, subject to the submission of the overall Site development plan to the Planning and Zoning Commission for a recommendation and report to the Board of Aldermen and approval of such Site Development by the Board of Aldermen. The Site development plan, as approved, shall be entered into the records of the Planning and Zoning Commission, Board of Aldermen and the Zoning Administrator, and conformance to the plan shall be mandatory, except as provided therein, or unless a change in such Site development plan is reviewed by the Planning and Zoning Commission because of change in conditions, and recommendation made to the Board of Aldermen, and such change is approved by the Board of Aldermen. The Zoning Administrator may allow the developer to make the following changes in the approved Site development plan as a result of unforeseen engineering problems:
1.
Move private streets and driveways by not more than ten (10) feet.
2.
Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.
3.
Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.
4.
Change the configuration of any parking area so long as the number of spaces is not reduced.
5.
Change the location of sidewalks and pathways provided that all points remain connected.
6.
Change the building size by a total of not more than one hundred (100) square feet for a residential structure and by a total of not more than five percent (5%) for a commercial structure, so long as no setback and parking regulations are violated.
C.
Use. The uses permitted in any planned district shall be the same as in the corresponding regular district; for example, the uses permitted in MDR-P shall be the same as in MDR.
D.
Requirements And Standards. The amount of open space, buffer zone, yard, parking, play area, density, floor area ratio, and height requirements shall be determined by the Board of Aldermen after recommendation by the Planning and Zoning Commission. Buildings over the maximum allowable height of the base district may be allowed, provided, that any part of the structure over the maximum allowable height of the base district shall be set back from all property lines one (1) additional foot for each additional foot in height. The Board of Aldermen shall use the requirements and standards found in the base zoning district as a guide in making such determination and may permit adjustments from these requirements and standards in the interest of efficient land development and utilization if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced.
1.
A District P may be established on a tract of land in single ownership or under unified control.
2.
The net area of land to be included in a District P and so designated, shall be at least two and one-half (2 1/2) acres in size. The term "net area," as used herein, shall not include any areas within dedicated highways, streets, alleys or any other public ways or public property.
3.
The location of any District P shall be on property which has direct access to major thoroughfares, and the Planning and Zoning Commission and Board of Aldermen shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic projected to be generated by the development.
4.
Applicants requesting rezoning to Planned Zoning shall submit a preliminary development plan for the proposed development to be considered as part of the rezoning application. The preliminary development plan for the proposed development shall present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development, and shall not adversely affect the uses of properties immediately adjacent to the proposed development.
5.
Applicants requesting approval of development plans on undeveloped Planned Overlay District properties in existence at the time this Chapter is adopted shall submit preliminary development plans concurrent with preliminary plats.
6.
Development of a single lot or parcel not exceeding one (1) acre is exempt from the requirements to submit a preliminary development plan.
7.
The site development plan for any construction or development shall include provisions to meet the following standards:
a.
Each exterior wall within five hundred (500) feet of the right of way of U.S. Highway 50, shall be constructed with a minimum of fifty percent (50%) of the surface area covered with the following materials:
(1)
Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced, or veneered-wall construction, or similar materials.
(2)
Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all-weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
(3)
Brick material used for masonry construction shall be composed of hard-fired (kiln-fired) all-weather common brick.
(4)
Stucco or approved gypsum concrete/plaster materials.
(5)
Glass Walls. Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.
(6)
Wood. (Plywood paneling shall be prohibited.)
(7)
Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.
8.
Each exterior wall facing a public street shall consist of no less than thirty percent (30%) coverage of building materials noted in Subsection (D)(7)(a).
10.
Prohibited Materials On All Exterior Walls.
11.
Exposed front and street sidewall facades, excluding windows, doors, or overhead doors, consisting of a single undifferentiated plane with a single texture or color, shall be prohibited.
12.
Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors, or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.
13.
Roof-mounted equipment, excluding satellite dishes, shall be screened from view [one hundred percent (100%) opacity] or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare, up to a maximum of three hundred (300) feet away, and no more than three (3) feet of equipment shall be visible from other adjoining property. The appearance of roof screen shall be coordinated with the building to maintain a unified appearance.
14.
Electrical and mechanical equipment in excess of three (3) feet in height, and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view [one hundred percent (100%) opacity], up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.
15.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.
16.
Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or otherwise deteriorated shall be refinished or repainted. Excessively faded shall be defined as a color change exceeding 7 Delta E (Hunter) units under ASTM D2244. Excessively chalked shall be defined as chalk in excess of ASTM D759 number 6 rating.
17.
Landscaping.
a.
Notwithstanding any provision of Section 400.700 to the contrary, the development plan shall specify landscaping performance standards that require twenty (20) points per each five thousand (5,000) square feet of gross lot area within the project. Points shall be calculated in the following manner:
b.
The point value derived from shade trees shall not exceed fifty percent (50%) of the total points needed for the project. The development plan shall specify that each of the four types of plant materials shall be used in an amount equaling a minimum of ten percent (10%), respectively, of the total point value required for the project.
c.
Illustration: a fifty thousand (50,000) square feet lot requires two hundred (200) points, thus each type of plant materials must be used in an amount of at least twenty (20) points. The illustration project, therefore, would require a minimum of two (2) shade trees, four (4) ornamental trees, four (4) evergreen trees and seven (7) shrubs. Any of the four types of plant materials then could be used to comprise the remaining one hundred nineteen (119) points needed for the illustration project, provided, that no more than ten (10) shade trees could be used.
E.
Any loading area adjacent to an exterior park boundary street or a residential area shall be buffered with landscape materials in conjunction with earthen berms.
F.
All products that are stored or sold, and materials used in production, shall be kept inside a building and all services shall be rendered inside a building with the exception of outdoor play areas for licensed day-care facilities.
G.
All company service vehicles, fleet trucks, etc., used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer, or not visible from exterior park boundary streets or residential properties abutting the park boundary.
H.
Preliminary Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted at the same time as the rezoning request. No rezoning request will be considered until all required elements have been submitted.
1.
Two (2) full size copies and two 11-inch by 17-inch copies of the preliminary development plan shall be submitted in support of the application for rezoning. The preliminary development plan shall contain the following information:
a.
North Arrow And Scale. All preliminary development plans are to be drawn to a standard engineer's scale. All items shown on the preliminary development plan, including, but not limited to, streets, driveways, and buildings shall be drawn to scale. The actual scale used will depend on the development and shall be subject to the approval of the Zoning Administrator.
b.
With regard to the subject property only:
(1)
Existing topography with contours at five-foot intervals, and delineating any land areas within the 100-year floodplain.
(2)
Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
(3)
Sufficient dimensions to indicate relationships between buildings, property lines, parking areas and other elements of the plan.
(4)
General extent and character of the proposed landscaping.
(5)
Preliminary stormwater collection, detention, and erosion control plans, showing existing facilities.
(6)
An analysis of the capacity of the existing sanitary sewer receiving system.
c.
With regard to areas within two hundred (200) feet of the subject property:
(1)
Any public streets which are of record.
(2)
Any drives which exist or are proposed such that their location and size are shown on plans on file with the City, except those serving single-family houses.
(3)
Any buildings which exist or are proposed such that their location and size are shown on plans on file with the City. Single-family and two-family residential buildings may be shown in approximate location and general size and shape.
2.
A schedule indicating total floor area, land area, parking spaces, open space, land use intensity and other quantities which are described in the preliminary development plan.
3.
A schedule indicating the stages proposed to be followed in the construction of the development.
4.
Two (2) copies of a preliminary sketch shall be submitted depicting the general style, size and exterior construction materials of the buildings proposed. In the event of several building types, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
5.
Two (2) copies of a thoroughfare plan, showing the general arrangements of streets within one thousand (1,000) feet of the boundaries of the area proposed for development.
6.
Traffic Impact Analysis (TIA). A TIA may be required by the Zoning Administrator whose decision is appealable to the Planning and Zoning Commission whose decision is appealable to the Board of Aldermen. In addition, the Planning and Zoning Commission or Board of Aldermen on their own motion may require a Traffic Impact Analysis. Elements which will be considered in the determination of requiring a Traffic Impact Analysis, include, but are not limited to:
I.
Preliminary Development Plan — Revisions.
1.
Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning and Zoning Commission, and disapproval of such changes by the Planning and Zoning Commission may be appealed to the Board of Aldermen within ten (10) business days of the Planning and Zoning Commission decision.
2.
Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning and Zoning Commission; such rehearing shall be treated as a rezoning request.
3.
For purposes of this Section, "substantial or significant changes" in the preliminary development plan shall mean any one (1) or more of the following:
a.
Increases in the floor area of each building or buildings presented in the preliminary development plan by more than ten percent (10%) or decreases in the floor area of any building by equal to or greater than fifty percent (50%).
b.
Increases in lot coverage by more than five percent (5%).
c.
Increases in the height of any building by more than twenty percent (20%).
d.
Changes of architectural style which will make the project less compatible with surrounding uses.
e.
Changes in ownership patterns or stages of construction that will lead to a different development concept.
f.
Changes in ownership patterns or stages of construction that will impose substantially greater traffic loads on streets and other public facilities.
g.
Decreases of any peripheral setback of more than five percent (5%).
h.
Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
i.
Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
j.
Modification or removal of conditions or stipulations to the preliminary development plan approval.
4.
The determination of whether a proposed revised preliminary development plan contains "substantial or significant changes" shall be made by the Zoning Administrator.
J.
Final Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted for approval of a final development plan:
1.
Two (2) full size and two (2) 11-inch by 17-inch copies of a final development plan for any building or buildings to be constructed within the development shall be submitted in support of the application.
2.
The site plan shall contain the following information:
a.
The boundaries of the area and the development of property adjacent to the area and within three hundred (300) feet thereof.
b.
Finished grades or contours for entire site at not less than two-foot contour intervals.
c.
All adjacent public street right-of-way, existing and proposed, with centerline location.
d.
All adjacent public street and private drive locations, widths, curb cuts and radii (existing and proposed).
e.
Location, width and limits of all existing and proposed sidewalks.
f.
Location, size and radii of all existing and proposed median breaks and turning lanes.
g.
Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
h.
Location of all required building and parking setbacks.
i.
Location, dimensions, number of stories and area in square feet of proposed buildings.
j.
Area of land on site plan in square feet or acres.
k.
Limits, location, size and material to be used in all proposed retaining walls.
l.
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
m.
Location, height, candle power, direction of lighting and type of outside lighting fixtures for buildings and parking lots.
n.
Location, size, type of material and message of all proposed monument or detached signs.
o.
Pertinent peripheral information, to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.
p.
Final stormwater collection, detention, and erosion control plans.
q.
Final analysis of the capacity of the existing sanitary sewer receiving system.
K.
All final development plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Zoning Administrator.
L.
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 covenants and restrictions applicable to the development if required by the terms of the approved preliminary development plan.
3.
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 required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.
4.
Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
M.
Final Development Plan — Consideration.
1.
Application for a final development plan approval shall be submitted for approval by the Planning and Zoning Commission and by the Board of Aldermen.
2.
The Planning and Zoning Commission may recommend approval, approval with stipulations or conditions, or recommend disapproval of any development plan, and the Board of Aldermen may approve, conditionally approve or disapprove any final development plan.
3.
In the event of a determination that changes in the proposed final development plan are substantial changes from the approved preliminary development plan, and thereby denied by the Board of Aldermen, the same or a similar application may not be considered again by the Planning and Zoning Commission and Board of Aldermen except through the public notice and hearing process applicable to rezoning requests.
4.
No building permit shall be issued for any construction in this District P until the Board of Aldermen has approved the final development plan for the building and site.
5.
The proponents of a Planned District shall prepare and submit a schedule of construction, which construction shall begin within a period of one (1) year following approval of the final development plan by the Board of Aldermen. Failure to begin the construction as scheduled shall void the final development plan as approved, unless a request for an extension of time is made by the proponents to the Board of Aldermen and approved by said Board.
6.
After the zoning change has been made and the final development plan has been approved, and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights or open spaces are requested by the proponents, and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Zoning Administrator pursuant to the final development plan considerations.
7.
In addition to the above, the Zoning Administrator may, without the approval of the Planning and Zoning Commission or Board of Aldermen, allow the developer to make the following changes in the approved Final Plan as a result of unforeseen engineering problems:
a.
Move private streets and driveways by not more than ten (10) feet.
b.
Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.
c.
Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.
d.
Change the configuration of any parking area so long as the number of spaces is not reduced below the required number of spaces.
e.
Change the location of sidewalks and pathways provided that all points remain connected.
8.
Along any other property line abutting or adjoining a residentially zoned district, there shall be a setback of at least ten (10) feet for any building or parking lot. The Planned District shall be permanently screened from such abutting or adjoining properties zoned for residential use by wall, fence or other suitable enclosure at least six (6) feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen, and trees and shrubs shall be properly and adequately maintained by the developer.
9.
The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning and Zoning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions, and the Board of Aldermen may, in their discretion, adjust such setbacks.
Section 400.400 Historic Overlay District.
[CC 2005 UDO § 4.13]
A.
Statement Of Purpose And Intent. It is hereby declared as a matter of public policy that the protection and enhancement of buildings, structure or land improvements of special historic, aesthetic or architectural significance are required in the interest of promoting the educational, cultural, economic and general welfare of the City. The purpose of the ordinance is to:
1.
Protect, enhance and perpetuate such buildings, structure or land improvements and districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history;
2.
Safeguard the City's historic, aesthetic and cultural heritage as reflected in such buildings, sites, structure or land improvements and districts;
3.
Foster civic pride in the beauty and accomplishments of the past;
4.
Strengthen the economy of the City;
5.
Promote the use of historic districts and landmarks as educational and cultural resources of the City;
6.
Promote the safety and general welfare of the residents of the City; and
7.
Promote the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological site resources within the corporate limits of the City.
B. ALTERATION AREA BOARD OF ALDERMEN CERTIFICATE OF APPROPRIATENESS CITY STAFF COMMISSIONERS CONSTRUCTION CULTURAL RESOURCES DEMOLITION DESIGN GUIDELINE EXTERIOR ARCHITECTURAL APPEARANCE HISTORIC DISTRICT LANDMARK OWNER OF RECORD PLANNING AND ZONING COMMISSION PRESERVATION COMMISSION REMOVAL REPAIR SITE STRUCTURE
Definitions. Unless specifically defined below, words or phrases in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application.
Any addition, removal, extension or change in the location of any exterior surface of a main building or accessory building.
A specific geographical division of the City of Lone Jack.
The Board of Aldermen of the City of Lone Jack.
Certificate issued by the Historic Preservation Commission.
The person or his/her designee authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these zoning regulations.
Members of the Lone Jack Historic Preservation Commission.
The act of adding an addition to an existing structure or the erection of a new principle or accessory structure on a lot or property.
Districts, sites, structures, and objects and evidence of some importance to a culture, a subculture, or a community for scientific, engineering, art tradition, religious, or other reasons, significant in providing resource and environmental data necessary for the study and interpretation of past lifeways and for interpreting human behavior.
Any act or process that destroys a landmark or structure within a historic district.
A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.
The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and other such elements.
An area designated as a "historic district" by ordinance of the Board of Aldermen and which may contain within definable geographical boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures that while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
A property, site or structure designated as such by ordinance of the Board of Aldermen, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and/or preservation and interpretation because of its historic, architectural or archaeological significance to the City.
The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.
Commission established by separate ordinance for the purpose of promulgating orderly planning and zoning.
The Lone Jack Historic Preservation Commission.
A relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
Any area or location occupied as a residence or utilized by humans for a sufficient length of time to construct features, or deposit a number of artifacts or any place with evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts and structures of all types.
Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
C.
Historic Preservation Commission.
1.
Creation: The previously created Historic Preservation Commission (hereinafter referred to as the Preservation Commission) is hereby continued.
2.
Number. The Preservation Commission is to be composed of nine (9) members.
3.
Appointment. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen shall have the power to appoint seven (7) members. The remaining members shall be a member of the Planning and Zoning Commission appointed by the Chairman of the Planning and Zoning Commission and an alderman appointed by the Mayor.
4.
Terms. Those members first appointed after the passage of this Chapter shall be appointed for the following terms: three (3) for two (2) years, three (3) for three (3) years, and three (3) for four (4) years. Subsequent appointments shall be for terms of four (4) years. A member may serve consecutive terms.
5.
Qualifications. Members should have been residents or business or property owners within the City for at least one (1) year preceding their appointment and must continue to reside or be business or property owners in the City so long as they serve on the commission. All members should have demonstrated an interest and knowledge of local history, architecture or preservation. No more than two (2) members of the commission shall be non-residents. In addition, every effort should be made to appoint members with the following additional qualifications:
a.
One (1) member should be an architect who has professional experience in restoration or historic preservation.
b.
One (1) member should also be a member of the Historical Society.
c.
One (1) member should be a homeowner in a historic district or proposed historic district.
d.
One (1) member should be a merchant in a historic district or proposed historic district.
D.
Organization And Authority.
1.
The commission shall elect one of its members chairman. The alderman and the representative from the Planning and Zoning Commission shall not be eligible for election as Chairman of the Preservation Commission.
2.
The Preservation Commission shall meet on a periodic basis, at least four (4) times each year, as determined by the Commission from time to time and may hold any other special meetings as called by the Chairman or a majority of its members. Such meetings shall be open to the public with notice given in accordance with the notice requirements for public meetings.
3.
The Commission may review amendments, modifications or revisions of this Chapter, or other parts of the Code of Ordinances as they relate to Historic Preservation, and make recommendations for changes therein to the Board of Aldermen.
4.
The Commission shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record.
E.
Power And Duties. The Preservation Commission shall act in an advisory capacity to the Board of Aldermen and Planning and Zoning Commission in carrying out activities required by City ordinances relating to the administration of Article III and shall have the following powers and duties:
1.
To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs and by recommending the update of the preservation program;
2.
To initiate and recommend property and/or properties for proposed designations as a historic landmark and/or historic district and to review and comment on proposed designations;
3.
To review applications for construction, alteration, or reconstruction for historic landmarks or within a historic district;
4.
To review proposed changes to buildings, structures, street furniture, City parks, civic areas, public facilities or environmental features of a historic landmark or within a historic district;
5.
To review applications for demolition permits to demolish buildings or structures within a historic district;
6.
To review applications for special use permits, proposed zoning amendments, or applications for zoning variances, for a historic landmark or within a historic district, and to make recommendations concerning such requests to the Planning and Zoning Commission or Board of Adjustments;
7.
To initiate from time to time a comprehensive review of the provisions of this article or any part thereof;
8.
To disseminate to owners or occupants of historic landmarks or within historic districts, or to the general public information concerning the preservation of historic landmarks or historic districts; and
9.
The Preservation Commission may support the nomination to the National Register of Historic Places of local historic landmarks and districts which the commission members believe fill the standards herein set forth and have contributed to the history, architecture and culture of the City.
F.
Designation Of Historic Districts And Landmarks.
1.
Preliminary Research. The Preservation Commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's "Standards and Guidelines for Historic Preservation" (36 CFR Part 61). The survey will be compatible with Missouri's statewide Historic Preservation Comprehensive Planning Process. In establishing the foregoing information, the Preservation Commission shall place particular emphasis upon evaluating and incorporating the findings and studies and surveys already completed.
2.
Recommendations. The Preservation Commission shall recommend to the Board of Aldermen the adoption of ordinances designating single structures or sites, portions of structures, groups of structures, landscaped elements, works of art, or integrated combinations thereof having a special historical, archeological or architectural interest or value as landmarks or historic districts. Such recommendations shall be accompanied by written reports describing the character and significance of the proposed landmark or historic district, outlining its proposed boundaries, and recommending specific criteria and guidelines to preserve its significance. Recommendations should also consider any comprehensive or master plan, zoning requirements, projected public improvements and existing and proposed renewal and development plans applicable to the area to be affected by designation.
G.
Designation.
1.
Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape element, works of art, or any integrated combination thereof may be designated for preservation if it:
a.
Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or Nation; or is associated with the life of a person significant in the past; or
b.
Exemplifies the cultural, political, economic, social or historical heritage of the community; or
c.
Portrays the environment in an era of history characterized by a distinct architectural style; or
d.
By being part of or related to a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or
e.
Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City; or
f.
Any prehistoric/historic site(s) containing information of archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric research interest as set forth in the State Historic Preservation Program master plan for cultural resources.
2.
Proposed Designation Of Property As A Landmark Or Historic District To Be Considered As An Application For Amendment For The Zoning District Map And Zoning Ordinance. A recommendation to designate a specific property and/or properties as a landmark or historic district shall be considered an application for amendment of the Zoning District Map and this Chapter as provided in Article III. The fee required under these regulations shall not be required on considerations for designating a property as a landmark and/or historic district by the Preservation Commission until such designation is recommended to the Planning and Zoning Commission. No fee shall be required where the designation is requested by the City. The provisions of this Article shall control over any conflicting provisions in the Zoning Ordinance.
3.
Notification Of Property Owners Of Proposed Designation. A copy of the notice of proposed designation shall be mailed to all owners of record and persons presently in possession of such property.
4.
Public Hearing. After notice as required by law, the Planning and Zoning Commission shall hold a public hearing on each proposed designation of a landmark or historic district in order to obtain the viewpoints of affected property owners, residents and other interested citizens. The hearing shall be conducted in accordance with Article III.
5.
Timely Determination. Within thirty (30) days of the conclusion of the public hearing, the Planning and Zoning Commission shall make a recommendation containing findings of fact and conclusions of law with respect to the proposed designation in writing. Said recommendation may be for approval, disapproval or approval in part. The recommendation, together with a record of the hearing thereon, shall be forwarded to the Board of Aldermen.
6.
Action By The Board Of Aldermen. Upon receipt of the recommendations of the Planning and Zoning Commission, the Board of Aldermen shall schedule a public hearing on the proposed designation. Following the public hearing, the Board of Aldermen within thirty (30) days may adopt an ordinance approving all or a part of said recommendation or disapproving the recommendation of the proposed designation in its entirety.
7.
Notice. The Board of Aldermen shall cause notice of the time and place of the public hearing to be given as provided by law.
8.
Protest. If an owner of a proposed landmark or the owners of thirty percent (30%) or more of the property proposed to be included in a historic district, or by the owners of thirty percent (30%) or more of the total area, exclusive of streets and alleys, which is located within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distance from the boundaries of the property proposed to be designated a historic district, shall file a written protest in affidavit form, with the City Clerk's Office against the designation of the property as a landmark or historic district, prior to consideration of an ordinance regarding the proposed designation, then such proposed designation shall not be approved by ordinance except by a two-thirds (2/3) vote of all the members of the Board of Aldermen.
9.
Designation Ordinance. Upon favorable approval by ordinance of a proposed designation by the Board of Aldermen, the landmark or historic district shall be classified and designated as an "H" District as provided in Subsection (G)(14), and the designating ordinance shall prescribe the specific and significant exterior architectural features, and establish specific design guidelines, including minimum maintenance standards, and where appropriate, the proportions of windows and doors, relationship of building masses and spaces, roof shapes, landscaping, signage, guidelines and/or agreements for preservation of archaeological sites and any other criteria or guidelines necessary to accomplish and preserve the particular criteria for designating such property as a landmark or historic district.
10.
Notification Of Approved Designation. Within fifteen (15) days after adoption of said ordinance by the Board of Aldermen designating property as a landmark or historic district, the City Clerk shall send by certified mail to the owner of record of each property so designated or each property within the designated district a copy of the ordinance.
11.
Moratorium On Application For Construction, Alteration Or Demolition While Designation Pending. No application for a permit to construct, alter or demolish any structure or other feature in a proposed landmark or historic district, filed subsequent to the day that notice of a proposed designation has been first published pursuant to law of an intent to initiate consideration of a designation of a said landmark or historic district, shall be scheduled for public hearings before the Planning and Zoning Commission or Board of Aldermen; provided, however, if after one hundred twenty (120) days have elapsed from the date of the first publication of notice of a public hearing on said matter, the final action on such designation has not been completed by adoption of an ordinance, the permit application shall be processed pursuant to existing ordinance.
12.
"H" Corresponding Zoning District. An "H" Historic Zoning Designation shall not change the existing zoning designation of the landmark and/or historic district. The existing zoning standards for each district are set forth and shall be complied with unless said standards conflict with the provisions of the ordinance designating said historic district and in the event of a conflict, the provisions of the Historic District Ordinance shall prevail. A landmark or historic district shall be designated with an "H" affixed to the current zoning district acronym and illustrated as such on the official Zoning District Map.
H.
Certificate Applications.
1.
Certificate Of Appropriateness Required. Before any person may take any of the following actions to a landmark or to a building, structure or feature of the land located within a historic district, such person must apply to the Preservation Commission for and receive a certificate of appropriateness:
b.
Moving.
c.
Material change in the exterior appearance by addition, reconstruction, alterations, or maintenance involving exterior color change.
d.
New construction of a principal building or accessory building within a historic district or on the property of a landmark.
e.
Signs for a landmark or for a building in a district.
2.
Review of certificate application.
3.
The City Staff shall provide comments on the application to the Preservation Commission for review within thirty (30) days of receipt of the application.
4.
The Preservation Commission should review the affected area to determine the potential for the presence of historic, architectural or archaeological sites and resources.
5.
The Preservation Commission shall approve, modify, or disapprove the application in whole or in part, or suspend action on it for a period not to exceed sixty (60) days for the purpose of obtaining additional information or documentation.
6.
Guidelines For Rehabilitation. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings along with such other guidelines as may be developed by the Commission and approved by the Board of Aldermen shall be the Commission's general guide concerning landmarks and older buildings in historic districts.
7.
Variety Of Styles In New Construction. The Preservation Commission shall consider the following in passing upon the appropriateness of architectural features in new buildings: the extent to which the building or structures would be harmonious with or incongruous to the old and historic aspects of the surroundings. It is not the intent of this consideration to discourage contemporary architectural expression or to encourage the emulation of existing buildings or structures of historic or architectural interest in specific detail. Harmony or incompatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, placement, and use of a new building or structure in relationship to existing buildings and structures and to the setting thereof.
8.
Submission Of Plans To City Staff. An applicant requesting approval must submit, as part of the application, proposed plans in sufficient detail for the City Staff and Preservation Commission to have full knowledge of the requested alteration, particularly as to how the proposed action will affect the appearance, materials and architectural design of the landmark, the buildings, or structure of land within a historic district.
9.
Public Hearing On Certificates Of Appropriateness Applications. The Preservation Commission shall hold a public hearing on all applications for Certificates of Appropriateness referred to it after notice given in the same manner as for hearings as established in Section 3.
10.
Report On Determination. A written report of a recommendation on the application by the Preservation Commission shall be forwarded to the applicant and City Staff not later than forty-five (45) days after receipt of the application by the Preservation Commission. The report must state reasons why a certain recommendation has been made.
11.
Appeal. The decision of the Preservation Commission to deny or limit the terms of an application may be appealed to the Board of Adjustment in accordance with Section 1.13. The Preservation Commission shall then act upon any change or modification by the Board of Adjustment to the decision of the Preservation Commission.
12.
Conformance To Certificate Application. All work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the City Staff to inspect from time to time any work performed pursuant to such certificate to ensure such compliance. In the event work is performed not in accordance with such certificate, the City Staff shall issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such project as long as such work order shall continue in effect.
I.
Demolition Permit Applications.
1.
Review Of Permit For Demolition. In the case of the proposed demolition of an existing landmark or building in a historic district, the Commission shall review such application and consider the following factors:
a.
The City's interest in protecting the public's health, safety, and general welfare.
b.
The detrimental impact upon the historic, architectural, cultural, or economic character of the district or community in general.
c.
The structural feasibility of rehabilitation considering both the technological feasibility and the economic feasibility.
d.
The cost of rehabilitation and the remaining economic use of the property if rehabilitated, and the economic impact and hardship upon the owner.
e.
A determination of the potential for occurrence of archaeological sites and resources.
J.
Sign Application.
1.
Permit Required. Irrespective of provisions in any ordinance of the City relating to signs, all signs for a landmark or buildings in a historic district must receive a certificate of appropriateness from the Preservation Commission, which shall review the proposed sign in accordance with the following general guidelines. No public hearing shall be required for an application for a certificate of appropriateness for a sign which is otherwise in conformance with the City's sign ordinance. A public hearing shall be required in accordance with provisions for a special use permit for any sign not in conformance with the City's sign ordinance.
2.
General.
a.
General sign regulations are included in Section 9.
b.
It is not the intent of these standards to create uniformity of signage or to inhibit creative initiative.
c.
Signs shall be designed and placed so as to appear an integral part of the building design, and to respect neighboring properties and the district in general. Signs shall be designed with appropriateness relative to the services of the establishment served.
3.
Recommended Signage.
a.
Signs should be maintained if they are determined to be an original part of a building as it was originally constructed.
b.
Some signs, though not original to a building may have acquired significance by virtue of their age, design, materials and craftsmanship. Such signs should be maintained and preserved.
c.
Some existing signs may not be appropriate, especially if they disguise, obstruct, or detract from significant facade elements.
d.
Wall Signs: Each ground floor occupant in a building shall have no more than one (1) sign oriented to each street on which the premises have frontage. The sign or signs should identify the predominant use of the occupant or identify the building as a whole.
e.
Wall signs may extend the entire length of the facade but shall have a total vertical dimension of no more than two (2) feet six (6) inches.
f.
Wall signs shall be mounted no lower than eight (8) feet above the elevation of the ground floor and no higher than the elevation of the second floor.
g.
Wall signs may be applied directly on glass show windows or entry doors. These may be located at any point below the elevation of the second floor.
4.
Secondary Wall Signs: Each occupant in a building may have one (1) or more secondary wall signs. These signs should identify occupants on upper floors or those not considered the primary occupants.
a.
Each occupant may have not more than one (1) sign applied directly on glass of upper windows. Upper window signs may consist of individual letters not over six (6) inches in height. Total sign dimensions should be no greater than fourteen (14) inches in height.
b.
In addition to upper window signs, each occupant may have one (1) ground floor entry sign located at entryway with individual letters painted or located directly on glass, door, plaque or directory.
5.
Illumination. Any sign lighting shall be properly shielded or diffused so as to eliminate glare.
6.
Exceptions. The following are appropriate in addition to those signs listed above:
a.
Names of buildings, dates of erection, monumental citations, and commemorative tablets which do not exceed twenty (20) square feet in area when made a permanent integral part of a building.
b.
Educational signs not exceeding ten (10) square feet providing bulletin or poster display space, identifying or explaining local history or other processes.
c.
Signs that have special aesthetic, artistic or historical merit or appropriateness.
7.
Projections Beyond Property Line. There should be no projections beyond the property line other than as described below, or as allowed by other Sections of this Chapter:
a.
Sun protection/weather protection devices are permitted only in the form of awnings. Awnings should be of canvas, or of a plainer surface of metal or similar smooth surface. Awnings should be located no higher than sixteen (16) feet and should extend no lower than eight (8) feet. Awnings should be of a color(s) and design that complements the existing facade and that does not cover or damage significant structural or decorative elements.
b.
Individual wall lighting fixtures projecting beyond property lines may be used providing fixtures are consistent with the period or the design of the building facade; the total wattage per fixture is not more than 100 watts; the fixture does not emit glare or harsh bright spots; the fixture is mounted no lower than seven (7) feet six (6) inches nor higher than nine (9) feet above the elevation of the ground floor; and the fixture extends from the property line not more than sixteen (16) inches, with no dimensions greater than sixteen (16) inches.
c.
The Preservation Commission may adopt a standardized sign which may project beyond property lines and which may be used by all property owners or businesses within a district. Such sign shall be no lower than seven (7) feet six (6) inches nor higher than ten (10) feet above the elevation of the ground floor, shall extend from the property line not more than three (3) feet, and shall have no dimension greater than three (3) feet.
K.
Conditional Use Permit Application. Applications for conditional use permits for a landmark or buildings in a historic district shall be referred to the Historic Preservation Commission by the City Staff. The Preservation Commission may review these applications using any format which it deems appropriate provided, however, applicant shall be notified of the time and place of such review and shall be given the opportunity to participate. Within fifteen (15) days after receipt of said applications, the Historic Preservation Commission shall forward its comments to the City staff for presentation to the Planning and Zoning Commission for its consideration in reviewing the application.
L.
Redevelopment Plans. The Preservation Commission may review redevelopment plans involving a landmark or historic district and forward recommendations to the Planning and Zoning Commission. Redevelopment plans adopted by the Board of Aldermen concerning a landmark or historic district shall be amendments to the ordinance establishing individual landmarks or historic districts.
M.
Exclusions.
1.
Ordinary Maintenance Exclusion. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior element of any building or structure. Ordinary maintenance shall be defined as work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
2.
Public Safety Exclusion. This Chapter shall not be construed to prevent the construction, reconstruction, alteration or demolition of any such elements which the authorized municipal officers shall certify as required by public safety.
N.
Fees, Charges And Expenses. The Board of Aldermen shall establish a schedule of fees, charges, and expenses for processing applications and other matters pertaining to the ordinance, and may be altered or amended only by the Board. No certificates shall be issued unless or until such costs, charges, fees or expenses prescribed in this Chapter have been paid in full, nor shall any action be taken or proceedings before the Board, unless or until fees have been paid in full.
O.
Violation And Penalty.
1.
In case any building or structure is erected, constructed, reconstructed, moved or altered, converted or maintained, or any building, structure or land is used in violation of the provisions of this Chapter, the City Staff on behalf of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, moving, demolition, alteration, conversion, maintenance or use, to restrain, correct or abate such violation and to prevent occupancy of said building, structure or land, or to prevent any unlawful act, conduct, business or use in or about such premises. Such regulations shall be enforced by an officer of the City authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of the regulations made under authority of this Chapter.
2.
The owner or general agent of a building or premises where a violation of any provision of said ordinance has been committed, threatened or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed, threatened or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, threatens or takes part or assists in such violation, or who maintains any building or premises in which any such violations shall exist shall be punished in accordance to Article XI.
3.
It shall be unlawful for any such person, who has been served with an order to correct any such violation, to fail to comply with said order within ten (10) days after such service or to continue to violate any provision of this Chapter or regulations made under authority of this Chapter.
P.
Appeal Provision. Any person or persons jointly or severally aggrieved by a decision of the City Staff may appeal such decision to the Board of Adjustment.