Mission City Zoning Code
CHAPTER 440
Rules of Procedure
Section 440.010 Who May Apply - Application Fees.
[Ord. No. 1007 §§16-203A.010, 16-232.01, 1-24-2001; Ord. No. 1013 §2, 6-27-2001; Ord. No. 1091 §§1 — 3(App. A §440.010), 9-24-2003; Ord. No. 1124 §6, 8-25-2004]
A.
Application for a zoning text amendment may only be filed by the City Council or Planning Commission.
B.
An application for rezoning to a conventional or planned zoning district may be filed by either the Governing Body, the Planning Commission or the landowner (or contract purchaser) or the landowner's (or contract purchaser's) agent.
C.
An application for an appeal to the Board of Zoning Appeals may be filed by any person aggrieved or by any officer of the City or any governmental agency or body affected by any decision of an official administering the provisions of this Title.
D.
All other applications provided for in this Chapter may only be filed by the landowner or the landowner's agent.
E.
Fees for all applications provided for in this Chapter shall be established by the Governing Body by resolution.
F.
All applications shall be made on forms prescribed by the City and available at City Hall.
Section 440.020 Applications - Proof of Ownership and/or Authorization of Agent.
[Ord. No. 1007 §16-203A.020, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.020), 9-24-2003]
A.
Where an application has been filed by or on behalf of a landowner, an affidavit of ownership shall be submitted to the City.
B.
Where an application has been filed by an agent of a landowner or agent of the contract purchaser of the property, an affidavit of the landowner or contract purchaser establishing the agent's authorization to act on behalf of the application shall be submitted.
C.
The affidavits required by this Section shall be on forms prescribed by the City or in such form as is acceptable to the Public Works Director and shall be submitted prior to any public hearing or final decision on the application.
Section 440.030 Pre-Application Conference.
[Ord. No. 1007 §16-203A.030, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.030), 9-24-2003]
A pre-application conference with a member of the City staff may, in the discretion of the Public Works Director, be required prior to submission of any application for a rezoning, special use permit, preliminary development plan or preliminary plat. The purpose of this conference is to acquaint the applicant with the procedural requirements of this Title; provide for an exchange of information regarding the proposed development plan and applicable elements of this Title, the Master Plan and other development requirements; advise the applicant of any public sources of information that may aid the application; identify policies and regulations that create opportunities or pose significant restraints for the proposed development; review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences; and permit staff input into the general design of the project.
Section 440.040 Submission of Technical Studies.
[Ord. No. 1007 §16-232.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.040), 9-24-2003]
A.
The Public Works Director or Planning Commission may require applicants for rezoning, special use permits, preliminary development plans or preliminary plats to submit such technical studies as may be necessary to enable the Planning Commission or Governing Body to evaluate the application. Examples of such technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, market studies or economic impact reports. The persons or firms preparing the studies shall be subject to the approval of the Public Works Director and/or Planning Commission. The cost of all such studies shall be borne by the applicant. Any decision of the Public Works Director or Planning Commission to require any such study or to disapprove of the person or firm selected by the applicant to perform the study may be appealed to the Planning Commission. The decision of the Planning Commission on any such appeal shall be final.
B.
Notwithstanding the fact that the Public Works Director or Planning Commission did not require submission of any such technical study in support of the application, either the Planning Commission or the Governing Body may require the submission of such study prior to taking action on the application. In such case, the person or firm selected to perform the study shall be subject to the approval of the entity requesting that study be performed. Any decision of the Planning Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final.
Section 440.050 Application and Submission Deadlines.
[Ord. No. 1007 §16-203A.060, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.050), 9-24-2003; Ord. No. 1124 §7, 8-25-2004; Ord. No. 1260 §15, 5-21-2008]
The Public Works Department or the Planning Commission may provide for submission deadlines for materials required in support of any application provided for in this Title. Compliance with such deadlines shall generally be required in order to have the application placed on an agenda to be heard by the Planning Commission or City Council. Non-agenda items may be brought before the Planning Commission or City Council for hearing, provided that the Planning Commission or City Council in its sole discretion may refuse to hear non-agenda items.
Section 440.060 Newspaper Publication.
[Ord. No. 1007 §16-232.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.060), 9-24-2003; Ord. No. 1124 §8, 8-25-2004]
Unless otherwise specifically provided for in this Chapter, all publication notices for public hearings required by this Chapter shall be published in one (1) issue of the official City newspaper and at least twenty (20) days prior to the date of the hearing. The publication notice shall fix the time and place for the public hearing. Where the hearing is for consideration of changes in the text of this Title or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the ordinance or in the boundaries of the zone or district. If the hearing is on an application which concerns specific property, the property shall be designated by a legal description and/or general street location, and the notice shall contain a general statement regarding the purpose of the application.
Section 440.070 Certified List of Property Owners Within Two Hundred Feet.
[Ord. No. 1007 §16-232.04, 1-24-2001; Ord. No. 1013 §3, 6-27-2001; Ord. No. 1091 §§1 — 3(App. A §440.070), 9-24-2003; Ord. No. 1124 §9, 8-25-2004]
A.
Unless otherwise specifically provided in this Chapter, whenever notice to surrounding property owners is required for consideration of an application, such notice shall be given as follows:
1.
Applicant shall provide a certified list of all property owners of record within two hundred (200) feet of subject property to the Planning Commission Secretary. Upon receipt of such certified list, the Planning Commission Secretary shall mail notice of hearing, at least twenty (20) days prior to the hearing, to all owners of record. Such shall be sent by certified mail, return receipt requested and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the general street location of the property subject to the proposed change, a statement that a complete legal description of the property is available for public inspection at City Hall and a statement explaining that the public may be heard at the public hearing. Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of record of the property. When such notice has been properly addressed and deposited in the mail, failure of any party to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the return receipt from the certificate of mailing shall be filed with the Secretary of the Planning Commission or the Board of Zoning Appeals, as the case may be, and an affidavit stating the names and addresses of the persons to whom notice was sent. Failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.
2.
In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners required to be notified by this Section shall have the opportunity to submit a protest petition, in conformance with this ordinance, to be filed with the office of the City Clerk within fourteen (14) days after the conclusion of the public hearing. Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of the property and not to mere occupants thereof. When the notice has been properly addressed and deposited in the mail, failure to receive mailed notice shall not invalidate any action taken on the application. Mailed notice may be waived provided that a verified statement specifically indicating such waiver is signed by all property owners within the notification area and filed with the Secretary of the Planning Commission or the Board of Zoning Appeals, as the case may be, at least two (2) business days prior to the hearing.
Section 440.080 Plans and Plan Review.
[Ord. No. 1007 §16-232.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.080), 9-24-2003]
The applicant, for rezoning or special use permit, shall file plans and other information and documents with the Secretary of the Planning Commission as required by the bylaws of the Commission and in the quantities required by the Secretary.
Section 440.090 Posting of Signs For Rezonings and Special Use Permits.
[Ord. No. 1007 §16-203A.090, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.090), 9-24-2003; Ord. No. 1260 §16, 5-21-2008]
In the case of rezonings and special use permits, the applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use. The sign shall be furnished by the City to the applicant and the applicant shall maintain the sign for at least the fifteen (15) days immediately preceding the date of the public hearing. The sign shall be firmly affixed and attached to a wood or metal backing or frame and placed within five (5) feet of the street right-of-way line in a central position on the lot, tract or parcel of land so that the sign is free of any visual obstructions surrounding the sign. If a rezoning application includes multiple tracts or parcels, posting of a sign on every parcel is not necessary, although sufficient signs to identify the rezoning area will be required. If a lot, tract or parcel of land is larger than five (5) acres, a sign as required herein shall be placed so as to face each of the streets abutting thereto. The applicant shall file an affidavit with the Secretary of the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this Title and applicable resolutions, failure to submit the affidavit prior to the hearing may result in a continuance of the hearing. The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application.
Section 440.100 Public Hearings.
[Ord. No. 1007 §16-203A.100, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.100), 9-24-2003]
A.
Where the consideration of an application requires a public hearing, the following provisions shall apply:
1.
The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.
2.
An accurate written summary of the proceedings shall be made for all public hearings.
3.
The City Council, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.
4.
If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, then the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. No additional notices shall be required once the public hearing is opened.
Section 440.110 Continuances.
[Ord. No. 1007 §16-203A.110, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.110), 9-24-2003; Ord. No. 1124 §10, 8-25-2004]
A.
Any applicant or authorized agent shall have the right to one (1) continuance of a public hearing before the Planning Commission or Board of Zoning Appeals, provided that a written request therefor is filed with the Secretary of the Planning Commission or Board of Zoning Appeals at least two (2) business days prior to the date of the scheduled hearing. The applicant shall make every attempt to notify all persons previously notified of the continuance either by mail or telephone. The applicant shall file an affidavit that such notice has been filed and the manner and time thereof.
B.
The Planning Commission, Board of Zoning Appeals or the City Council may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance.
C.
A majority vote of those members of the official body present at the meeting shall be required to grant a continuance.
Section 440.120 Consideration of Zoning Amendments.
[Ord. No. 1007 §16-232.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.120), 9-24-2003]
A.
B.
Action By Planning Commission. For zoning text amendments, changes in district boundaries, rezoning specific property or issuance of a special use permit, a majority of the Planning Commission members present and voting at the hearing is required to recommend approval or denial. If the Planning Commission fails to make a recommendation, the Planning Commission shall be deemed to have made a recommendation of disapproval.
C.
Action By Governing Body Upon Planning Commission's Recommendations. After the Planning Commission submits a recommendation of approval or disapproval and the reasons therefore, the Governing Body may:
1.
Approve and adopt such recommendation by ordinance;
2.
Override the Planning Commission recommendations by two-thirds (2/3) majority vote of the Governing Body; or
3.
Return such recommendations to the Planning Commission with a statement specifying the basis for the Governing Body's failure to approve or disapprove.
The Governing Body shall not take action on application for rezoning particular property or a special use permit until fourteen (14) days have elapsed after the date of the conclusion of the Planning Commission public hearing held pursuant to publication notice in order to allow the filing of a protest petition as provided in Section 440.140(C). |
D.
Applications Returned To Planning Commission. Upon receipt of an application returned by the Governing Body, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new or amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's statement specifying disapproval, the Governing Body may consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.
E.
Reconsideration By Governing Body. Upon receipt of the Planning Commission's recommendation after reconsideration, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by ordinance or it need take no further action thereon.
Section 440.130 Rezoning and Special Use Permit Applications - Submission Requirements.
[Ord. No. 1007 §16-203A.130, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.130), 9-24-2003]
Section 440.140 Consideration of Rezonings and Special Use Permits.
[Ord. No. 1007 §16-203A.150, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.140), 9-24-2003]
B.
Procedures. Except as hereinafter provided, the procedures for Planning Commission and City Council consideration of rezoning or special use permit applications shall conform to the procedures set forth in Section 440.120 for zoning text amendments. The City Council shall not take action on an original recommendation of the Planning Commission unless the time for filing the protest petition as provided in Subsection (C) of this Section has elapsed.
C.
Protest Petitions.
1.
A protest against any rezoning or a special use permit application shall be filed in the office of the City Clerk not later than the end of the business day (5:00 P.M.) on the fourteenth (14th) day following the date of the conclusion of the Planning Commission's public hearing held pursuant to the publication notice. In order to be considered a "valid" protest, a protest petition must be timely filed and duly signed and verified by the owners of record of twenty percent (20%) or more of the property subject to the application or by the owners of record of twenty percent (20%) of the total area, excepting public streets and ways, required to be notified by Section 440.070. Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by the person who has circulated protest petition.
2.
The fourteen (14) day period for filing the protest petition shall begin with the day following the conclusion of the public hearing before the Planning Commission and shall end at 5:00 P.M. on the fourteenth (14th) calendar day thereafter. For purposes of calculating the fourteen (14) day period, weekends and holidays shall be counted. Provided however, if the filing deadline falls on a weekend, holiday or other non-business day for City offices, then the filing deadline shall be at 5:00 P.M. on the next regular business day.
3.
Once a valid protest petition has been filed with the City, it may not be withdrawn unless every person who has signed the protest signs a verified affidavit which states and fully explains the rights being waived by the withdrawal of the protest petition. Such affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the City Council meeting for which the protest applies.
D.
Adoption Where Protest Filed. Where a valid protest petition has been filed, an ordinance approving the rezoning or special use permit application shall not be passed except by the affirmative vote of three-fourths (¾) of the membership of the City Council.
E.
Criteria For Considering Applications. In considering any application for rezoning or a special use permit, the Planning Commission and the City Council shall give consideration to the criteria stated below to the extent they are pertinent to the particular application. In addition, the Planning Commission and City Council may consider other factors which may be relevant to a particular application.
1.
The character of the neighborhood.
2.
The zoning and uses of nearby properties and the extent to which the proposed use would be in harmony with such zoning and uses.
3.
The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
4.
The extent to which approval of the application would detrimentally affect nearby properties.
5.
The length of time the property has remained vacant as zoned.
6.
The relative benefit to the public health, safety and welfare by retaining applicable restrictions on the property as compared to the destruction of the value of the property or hardship to the owner association with denying its request.
7.
The Master Plan or Comprehensive Plan.
8.
The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use or present parking problems in the vicinity of the property.
9.
The recommendation of the professional staff.
10.
The extent to which utilities and services, including, but not limited to, sewers, water service, Police and fire protection and parks and recreation facilities, are available and adequate to serve the proposed use.
11.
The extent to which the proposed use would create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
12.
The extent to which there is a need for the use in the community.
13.
The economic impact of the proposed use on the community.
14.
The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations.
Section 440.150 Site Plans - Contents.
[Ord. No. 1007 §16-203A.170, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.150), 9-24-2003]
A.
All site plans shall contain the following information:
1.
North arrow and scale.
2.
Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.).
3.
Size and location of existing and proposed structures and drives on the subject property and existing structures and drives on surrounding properties.
4.
Location of flood plain.
5.
Location of proposed drives and parking areas.
6.
Platted setback lines.
7.
Elevations of proposed buildings.
8.
Final grades to be shown by solid lines, existing grades by dashed lines.
9.
Stormwater pollution prevention plan. Site map must include:
a.
Sequence of major activities.
b.
Location of surface waters.
c.
Location and steepness of slopes after grading.
d.
Drainage patterns after grading and location of stormwater discharge points (provided velocity control).
e.
Erosion control, including stabilization measurers, for disturbed areas and structural controls to divert runoff and remove sediment.
f.
Disposal of construction waste material.
10.
Landscaping.
11.
Name and address of landowner.
12.
Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plan.
13.
Date of preparation of the plan.
Section 440.160 Consideration of Site Plans.
[Ord. No. 1007 §16-203A.180, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.160), 9-24-2003; Ord. No. 1124 §11, 8-25-2004; Ord. No. 1304 §19, 10-21-2009]
A.
The site planning process generally shall consist of two (2) distinct stages including both preliminary development plan and final development plan approvals. Applications fully satisfying all preliminary development plan and final development plan requirements and procedures of these regulations may be submitted for simultaneous processing and consideration. The preliminary development plan may show development options or parameters which shall be further defined at the time of final development plan approval. The final development plan shall serve as the detailed site plan for the development of the site. No building permit may be issued without a site plan review as required by this Chapter.
B.
After the effective date of this Title (October 21, 2009), no property which has a zoning district classification which requires approval may be developed, redeveloped, altered, replaced or repaired without a site plan first having been submitted to and approved by the Planning Commission, City Council or the Community Development Director or his designee. New development or redevelopment, regardless of whether a zoning change is necessary, shall require both preliminary and final development plan approval. Existing structures or developments being altered, replaced or repaired and that contain "significant changes" as set forth in Section 440.175(A)(5) shall require preliminary and final development plan approval. Existing structures or developments being altered, replaced or repaired that do not contain "significant changes" may be approved administratively by the Community Development Director or his designee regardless of whether a site plan is on file.
C.
Disapproval of a site plan by the Community Development Director or his designee may be appealed to the Planning Commission. Disapproval of a site plan by the Planning Commission may be appealed to the City Council which may override the Planning Commission's decision by a two-thirds (2\3) majority vote. An appeal to the Planning Commission's decision may be filed by either the property owner or the Community Development Department by filing a notice of appeal with the City Clerk within ten (10) days following the Planning Commission's decision. The decision of the City Council shall be final.
D.
The site plan shall be approved if it is determined that the following criteria are satisfied:
1.
The site is capable of accommodating the building(s), parking areas and drives with appropriate open space.
2.
The plan provides for safe and easy ingress, egress and internal traffic circulation.
3.
The plan is consistent with good land planning and site engineering design principles.
4.
An appropriate degree of harmony will prevail between the architectural quality of the proposed building(s) and the surrounding neighborhood.
5.
The plan represents an overall development pattern that is consistent with the Comprehensive Plan and other adopted planning policies.
Section 440.170 Preliminary Development Plans - Submission Requirements and Contents.
[Ord. No. 1007 §16-203A.190, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.170), 9-24-2003; Ord. No. 1124 §12, 8-25-2004; Ord. No. 1304 §20, 10-21-2009]
A.
Copies of the preliminary development plan shall be submitted in support of the application in number and format as required by the Community Development Department. The preliminary development plan shall contain the following information:
1.
North arrow and scale.
2.
With regard to the subject property only:
a.
Existing topography with contours at five (5) foot intervals and delineating any land areas within the 100-year flood plain. Elevation of lowest opening relative to water surface elevation of 100-year flood.
b.
Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
c.
Sufficient dimensions to indicate relationship between buildings, properly lines, parking areas and other elements of the plan.
d.
General extent and character of proposed landscaping.
3.
With regard to areas within two hundred (200) feet of the subject property:
a.
Any public streets which are of record.
b.
Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses.
c.
Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.
d.
The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.
4.
Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
5.
Name and address of landowner.
6.
Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plan.
7.
Date of preparation of the plan.
B.
All developments shall conform to the requirements of the City of Mission's Storm Water Management Criteria incorporated by reference herein.
C.
Any development in floodway or floodway fringe must have appropriate State and/or Federal permits and must include hydraulic calculations showing impact of 100-year floodwater surface elevation. Off-site runoff generated by the 100-year storm with one (1) hour duration shall not exceed existing conditions. Downstream impact shall be taken into account and hydrologic/hydraulic study is required.
Section 440.175 Consideration of Preliminary Development Plans.
[Ord. No. 1304 §131, 10-21-2009]
A.
Plans Required.
1.
When property is rezoned, the preliminary development plan shall be considered and approved as part of the rezoning application. Consideration of a preliminary development plan without a zoning change requires a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners as required by Section 440.060 and 440.070 respectively.
2.
Action by Planning Commission. A majority of the Planning Commission members present and voting at the hearing is required to recommend approval or disapproval. If the Planning Commission fails to make a recommendation, the Planning Commission shall be deemed to have made a recommendation of disapproval.
3.
Action by City Council upon Planning Commission's recommendations. After the Planning Commission submits a recommendation of approval or disapproval and the reasons therefore, the City Council may:
a.
Approve and adopt such recommendation;
b.
Override the Planning Commission recommendations by two-thirds (2/3) majority vote of the City Council; or
c.
Return such recommendations to the Planning Commission with a statement specifying the basis for the City Council's failure to approve or disapprove.
4.
Once preliminary development plan approval has been granted, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Changes in the revised preliminary development plan which are not significant may be approved by the Planning Commission and disapproval of such changes by the Community Development Director or his designee. Significant changes in the revised preliminary development plan may only be approved after rehearing by the Planning Commission and City Council, such rehearing shall be subject to the notice and protest provisions set forth in Section 440.140.
5.
For purposes of this Chapter, "significant changes" shall mean any of the following:
a.
Increases in the density or intensity of residential uses of more than five percent (5%).
b.
Increases in the total floor area of all non-residential buildings covered by the plan of more than ten percent (10%).
c.
Increases of lot coverage of more than five percent (5%).
d.
Increases in the height of any building of more than ten percent (10%).
e.
Changes of architectural style which will make the project less compatible with surrounding uses.
f.
Changes in ownership patterns or stages of construction that will lead to a different development concept.
g.
Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
h.
Decreases of any peripheral setback of more than five percent (5%).
i.
Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
j.
Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
k.
Modification or removal of conditions or stipulations to the preliminary development plan approval which are considered significant in the opinion of the Community Development Director or his designee.
6.
The determination of whether a plan contains "significant changes" shall be made by the Community Development Director or his designee.
B.
Plans For Non-Residential Uses In Residential District.
2.
Following the close of the public hearing, the Planning Commission shall determine the appropriateness of the proposed preliminary development plan according to the following criteria:
a.
The capability of the site to accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress.
b.
An appropriate degree of harmony shall prevail between the architectural quality of the proposed building and the surrounding neighborhood.
c.
The appropriateness of the minimum dimensions and areas of lots and yards contained in the applicable zoning district regulations may be considered and increased. The Planning Commission may approve the application, disapprove the application or approve the application subject to modifications being made. Unless the Planning Commission's action is appealed by the applicant, the Planning Commission's decision shall be final.
3.
In the event of disapproval of a preliminary development plan by the Planning Commission, the applicant may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of the Planning Commission's decision. On appeal, the City Council may approve the proposed plan, disapprove the proposed plan or approve the proposed plan subject to modifications being made.
Section 440.180 Final Development Plans - Contents and Submission Requirements.
[Ord. No. 1007 §16-203A.210, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.180), 9-24-2003; Ord. No. 1124 §13, 8-25-2004; Ord. No. 1188 §15, 12-14-2005; Ord. No. 1304 §21, 10-21-2009]
A.
Copies of the final development plan shall be submitted in support of the application in number and format as required by the Community Development Department. The final development plan shall contain the following information:
1.
A small key map indicating the location of the property within the City.
2.
A site plan, including the following:
a.
Finished grades or contours for the entire site at two (2) foot contour intervals.
b.
All existing and proposed adjacent public street right-of-way with centerline location.
c.
All existing and proposed adjacent public street and drive locations, widths, curb cuts and radii.
e.
Location, size and radii of all existing and proposed median breaks and turning lanes.
f.
Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
g.
Location of all required building and parking setbacks.
h.
Location, dimensions, number of stories and area in square feet of all proposed buildings.
i.
Area of land on site plan in square feet or acres.
j.
Units, location, size and material to be used in all proposed retaining walls.
k.
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
l.
Location, height, candlepower and type of outside lighting fixtures for buildings and parking lots.
m.
Location, size, type of material and message of all proposed monument or detached signs.
n.
Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.
o.
Preliminary drainage design and location and existing drainage facilities.
3.
Building elevations, including the following:
a.
Elevations of all sides of proposed buildings, including notation indicating building materials to be used on exteriors and roofs.
b.
Size, location, color and materials of all signs to be attached to building exteriors.
c.
Location, size and materials to be used in all screening of rooftop mechanical equipment.
d.
Building sections.
e.
Color and material samples.
4.
Floor plans indicating dimensions and areas of all floors within proposed buildings.
B.
All site plans are to be drawn to a standard engineer's scale. In addition, a graphic scale shall be included in all submitted documentation.
Section 440.190 Consideration of Final Development Plans.
[Ord. No. 1007 §16-203A.220, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.190), 9-24-2003; Ord. No. 1304 §22, 10-21-2009]
A.
Plans Required.
1.
Final development plans which contain no modifications or additions from the approved preliminary development plan shall be approved by the Planning Commission if the Commission determines that the landscaping and screening plan is adequate and that all other submission requirements have been satisfied.
2.
A final development plan which contains modifications from the approved preliminary development plan, but is in substantial compliance with the preliminary plan, may be approved by the Planning Commission without a public hearing, provided that the Commission determines that the landscaping and screening plan is adequate and that all other submission requirements have been satisfied. For purposes of this Section, lack of "substantial compliance" shall have the same meaning as "significant changes" as set forth in Section 440.175(A)(5).
3.
In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan, the applicant must submit a combined revised preliminary and final development plan.
4.
In the event of disapproval of a final development plan by the Planning Commission, the applicant may appeal such determination to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days following the Planning Commission's decision. Upon appeal, the City Council may reverse the decision of the Planning Commission if it determines that the proposed final plan conforms to the approved preliminary plan and that all other submission requirements have been satisfied.
5.
Final development plans may be combined with the preliminary development plan provided that all information required by both processes is submitted with the plan. Where a combined preliminary and final development plan is submitted, it shall be considered in accordance with the provisions of Sections 440.170 and 440.180.
B.
Revisions to approved final development plans which do not include "significant changes" may be approved administratively by the Community Development Director or his designee. Existing structures or development being altered, replaced or repaired that do not contain "significant changes" may be approved administratively by the Community Development Director or his designee regardless of whether an approved site plan is on file.
Section 440.200 Recording of Development Plans For Planned Zoning Districts.
[Ord. No. 1007 §16-203A.230, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.200), 9-24-2003]
A.
Following the approval of a rezoning to a planned district, a statement shall be recorded with the Register of Deeds acknowledging that a preliminary development plan has been approved for the property. The statement shall be recorded in accordance with the forms and procedures established by the City and shall contain the following information:
1.
A legal description of the property.
2.
A specification of the nature of the plan by identifying the zoning districts which apply to the property and the rezoning case number established by the rezoning ordinance.
3.
A statement that the restrictions on development established by the preliminary development plan and the rezoning ordinance shall be binding upon all successors and assigns unless amended in conformance with the procedures set forth in this Title.
B.
Following the approval of a final development plan, a statement acknowledging that a final development plan has been approved for the property shall be filed with the Register of Deeds. The statement shall be recorded in accordance with the forms and procedures established by the City and shall contain the following information:
1.
A legal description of the property.
2.
A statement that the restrictions on development and the responsibility for continuing maintenance and compliance with the final development plan shall be binding upon all successors and assigns unless the plan is amended in conformance with the procedures set forth in this Title.
Section 440.210 Preliminary Plats - Contents and Submission Requirements.
[Ord. No. 1007 §16-203A.250, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.210), 9-24-2003]
A.
Seven (7) copies of the preliminary plat shall be submitted in support of the application. The plat shall contain the following information:
1.
North arrow and scale.
2.
Legal description.
3.
The proposed name of the subdivision and the names of adjacent subdivisions.
4.
The boundary lines of the tract with appropriate dimensions.
5.
The general pattern and sizes of proposed lots and tracts.
6.
The general location, width and alignment of existing and proposed streets, alleys and sidewalks.
7.
All platted or existing streets and property lines or land adjacent for a distance of not less than four hundred (400) feet.
8.
Topography of the area contained in the plat shown by two (2) foot or five (5) foot contour intervals.
9.
Approximate gradients of proposed streets within the plat.
10.
Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths and dimensions of any bridges or culverts.
11.
Location of the 100-year flood plain.
12.
The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.
13.
Indication of the ground floor area classification for residential subdivisions.
14.
Name and address of landowner.
15.
Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.
16.
Date of preparation of the plat.
17.
A written statement relating how liquid wastes are to be handled.
18.
Signature block for appropriate City Officials.
19.
Drainage calculations, computed areas and preliminary drainage plan consistent with the Master Plan.
Section 440.220 Consideration of Preliminary Plats.
[Ord. No. 1007 §16-203A.260, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.220), 9-24-2003; Ord. No. 1124 §14, 8-25-2004]
A.
Consideration of preliminary plats shall be at a public hearing, following notice to surrounding property owners as provided in Section 440.070.
B.
The Planning Commission shall approve the preliminary plat if it finds that the following criteria are satisfied:
1.
The proposed preliminary plat conforms to the requirements of this Title, the applicable zoning district regulations and any other applicable provisions of this Code, subject only to acceptable rule exceptions.
2.
The subdivision or platting represents an overall development pattern that is consistent with the Master Plan and the Official Street Map.
3.
The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.
4.
The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations.
5.
All submission requirements have been satisfied.
C.
The decision of the Planning Commission to approve or deny the proposed preliminary plat shall be final. Approval of a preliminary plat shall require the affirmative vote of a majority of the membership of the Planning Commission.
Section 440.230 Approval of Preliminary Plat Not To Constitute Acceptance of Subdivision.
[Ord. No. 1007 §16-203A.261, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.230), 9-24-2003]
Approval of the preliminary plat does not constitute acceptance of the subdivision but authorizes preparation of the final plat. No grading or improvements shall take place in the subdivision prior to approval and endorsement of the final plat and the submittal to and approval of construction plans by the City Engineer.
Section 440.240 Final Plat - Preparation - Conformance.
[Ord. No. 1007 §16-203A.262, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.240), 9-24-2003]
After the preliminary plat has been approved by the Planning Commission, a final plat for record shall be prepared and submitted to the Planning Commission and, upon approval, to the Governing Body for final approval. The final plat must contain all or a portion of the area contained in the preliminary plat. The final plat must conform to the street patterns, lot size and pattern and other conditions of the preliminary plat as approved.
Section 440.250 Submission of Final Plat - Scale - Size - Contents.
[Ord. No. 1007 §16-203A.263, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.250), 9-24-2003; Ord. No. 1124 §15, 8-25-2004]
A.
Two (2) prints, one (1) of which shall be original ink on vellum or 24# bond paper no larger than thirty-six (36) inches by thirty (30) inches of the final plat shall be submitted to the Planning Commission at least twenty-eight (28) days prior to the date of the meeting at which approval is asked. The plat shall be drawn to a scale of one (1) inch to one hundred (100) feet or one (1) inch to two hundred (200) feet or one (1) inch to fifty (50) feet. The applicant shall also provide one (1) reduction of the proposed plat, no larger than eleven (11) by seventeen (17) inches. Plat shall be on a single page only. The plat shall contain the following information:
1.
The name of the subdivision and adjacent subdivision, the names of streets which shall conform to the existing pattern with all east-west streets to be numbered and a system of lot and block numbers shown in an orderly sequence, including portions of adjoining plat, lot numbers and block numbers in light dashed lines.
2.
The numerical order of plats (1st Plat, 2nd Plat, etc.) or lot identification (Lots 1-10, Lots 26-421 etc.) shall be placed below the name of the plat. If replat or resurvey, so show.
3.
A boundary survey of third (3rd) order surveying accuracy (maximum closure error one (1) in five thousand (5,000)) which bearings and distances referenced to section or fractional section corners or other base line shown on the plat and readily reproducible on the ground. Such dimensions and bearings are to coincide with adjoining plats unless justification is shown for not so doing.
4.
The legal description shall match the drawing and a statement "shall be known as (name of plat)" indicated.
5.
Calculation sheets containing the following data: The length and radii of all curved streets and lot lines and the bearings and length of all straight street and lot lines and the area in square feet of each lot. Show that interior dimensions have been reconciled with exterior dimensions.
6.
The dimensions in feet and decimals of feet of setback lines along front and side streets and the locations and dimension of all necessary easements shall be shown on the plat.
7.
Show a north arrow (up or to the left), the scale of the drawing as well as a graphic scale and the date of drawing.
8.
A vicinity map is required showing section, township and range at a scale of two (2) inches equals one (1) mile.
9.
A statement dedicating all easements, streets, alleys, access control and all other public areas not previously dedicated shall be made and undersigned by the owners; certification that all prior existing easement rights to any person, utility or corporation have been absolved on the parcels to be dedicated to public use. The person, utility or corporation shall retain whatever rights they would have as if located in a public street.
10.
The plat shall show the signature of owners, City Officials, notary, certification by a licensed engineer or registered land surveyor and dated. If owned by a corporation, the name, corporation and title of the officer signing. Names shall be typed below all signature lines.
12.
The consent and agreement clause should stipulate in or on the instrument that special assessments on dedicated land become and remain a lien on the remainder of the land fronting on or abutting such dedicated roads and streets.
13.
Submit, for the appraiser, the square footage of all areas other than building lots and dedicated streets. Please designate usage for areas.
14.
Documentation assuring permanent responsibility for the maintenance of the fence/screening tracts or easements.
Section 440.260 Consideration of Final Plats.
[Ord. No. 1007 §16-203A.280, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.260), 9-24-2003]
A.
Prior to consideration of any final plat, City staff shall determine whether dedication of right-of-way will be required.
B.
Final plats shall be approved by the Planning Commission if it determines that:
1.
The final plat substantially conforms to the approved preliminary plat and rule exceptions granted thereto.
2.
The plat conforms to all applicable requirements of this Code, subject only to approved rule exceptions.
3.
All submission requirements have been satisfied.
4.
Approval of a final plat shall require the affirmative vote of a majority of the membership of the Planning Commission.
C.
Following approval of the final plat by the Planning Commission, the final plat shall be submitted to the City Council for review of land proposed to be dedicated for public purposes. The City Council shall approve or disapprove the dedication of land for public purposes within thirty (30) days after the first (1st) meeting of the City Council following the date of the submission of the plat to the City Clerk. The City Council may defer action for an additional thirty (30) days for the purpose of allowing for modifications to comply with the requirements established by the City Council. No additional filing fees shall be assessed during that period. If the City Council defers or disapproves any such dedication, it shall advise the Planning Commission of the reasons therefor. No plat shall be filed with the Register of Deeds unless such plat bears the endorsement that the land dedicated to public purposes has been approved by the City Council.
D.
Final plats shall be recorded with the Register of Deeds within eighteen (18) months following City Council approval of land dedicated to public purposes. Final plats which are not recorded within said time period shall be deemed null and void.
Section 440.270 Applications For Vacation of Streets or Reservations.
[Ord. No. 1007 §16-203A.310, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.270), 9-24-2003]
Where an application for the vacation of any street, alley, utility easement or other public reservation by ordinance is not made by the owners of lands adjoining on both sides of the street, alley or public reservation to be vacated, the application shall be accompanied by affidavits of all such owners not joining in the application indicating their consent to the vacation. Copies of the application shall be filed in both the office of the City Clerk and the office of the Public Works Director. The application shall be accompanied by a legal description and survey or such other drawing acceptable to the Public Works Director depicting the street, alley or public reservation sought to be vacated and the properties and property ownerships surrounding said street, alley or public reservation.
Section 440.280 Consideration of Vacations.
[Ord. No. 1007 §16-203A.320, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.280), 9-24-2003]
A.
Applications to vacate a street, alley, utility easement or other public reservation by ordinance may only be considered at a public hearing following notice to surrounding property owners as provided in Section 440.070 and publication notice as hereinafter provided. Notice shall be published for two (2) consecutive weeks in an official City newspaper. The notice shall state that an application for vacation has been filed in the office of the City Clerk, describing the property fully and that a hearing thereon before the City Council will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held and that at such time and place all persons interested can appear and be heard concerning the application.
B.
The City Council or the Public Works Director may determine that it would be advisable to obtain the recommendation of Planning Commission concerning a vacation application prior to the public hearing before the City Council. In that event, the Planning Commission shall hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions of Sections 440.060 and 440.070, respectively. At the conclusion of any such hearing, the Planning Commission shall submit its recommendation on the application to the City Council.
C.
At the time designated in the publication notice for its hearing, the City Council shall proceed to hear the application or may adjourn the hearing from time to time to some day and hour certain as deemed necessary and which adjournment shall be noted upon the record of the proceedings thereof. At the hearing, the City Council shall hear such testimony as may be presented or required in order to fully understand the true nature of the application and the propriety of granting the same.
D.
The City Council shall approve the application if it determines from the evidence that:
E.
An application shall not be granted if, at the time of or before the hearing, a written objection thereto is filed with the City Council by any owner or adjoining owner who would be a proper party to the application, but has not joined therein.
Section 440.290 Applications For Appeals of Administrative Decisions.
[Ord. No. 1007 §16-203A.330, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.290), 9-24-2003]
An application for appeal from a decision of the Public Works Director or any other officer administering the provisions of this Title, which shall constitute a notice of appeal, shall be filed with the Public Works Director within thirty (30) days of the date of the decision which is being appealed. A copy of the notice of appeal, specifying the grounds thereof and the payment of the fee required therefor, shall be served on the person whose decision is being appealed. The officer whose decision is being appealed shall thereafter transmit to the Secretary of the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
Section 440.300 Notice of Appeals.
[Ord. No. 1007 §16-203A.340, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.300), 9-24-2003]
A.
Appeals from the decision of any official administering the provisions of this Title shall be filed with the Secretary of the Board of Zoning Appeals within thirty (30) days from the date of the decision by the officer whose decision is being appealed. A copy of the notice of appeal shall also be served upon the officer whose decision is being appealed. Thereafter, the officer whose decision is being appealed shall prepare and transmit to the Secretary of the Board of Zoning Appeals a complete record of all proceedings relating to the appeal.
Section 440.310 Notice of Variances.
[Ord. No. 1007 §16-203A.350, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.310), 9-24-2003]
Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by Sections 440.060 and 440.070, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the Secretary of the Board of Zoning Appeals prior to the hearing.
Section 440.320 Consideration of Dedication Requirements Appeals.
[Ord. No. 1007 §16-203A.360, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.320), 9-24-2003]
Any person required to dedicate street right-of-way or other land for public purposes as a condition to approval of any permit or application may appeal such requirement to the City Council within fifteen (15) days of the imposition of such condition. On appeal, the burden will be on the appellant to establish the lack of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement or lack of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development.
Section 440.330 Conditional Approvals.
[Ord. No. 1007 §16-203A.370, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.330), 9-24-2003]
In approving any application, the approving authority may stipulate that the approval is subject to compliance with certain specified conditions including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, participation in transportation systems management programs, participation in improvement districts or other programs for financing public facilities, dedication of rights-of-way, etc.
Section 440.340 Final Decision Where Ordinance Required.
[Ord. No. 1007 §16-203A.380, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.340), 9-24-2003]
In the case of approval of a zoning text amendment, rezoning, special use permit or other application where adoption of an ordinance is required, the decision approving the application shall not be deemed to be final until the ordinance has been published in an official City newspaper.
Section 440.350 Appeals of Final Decisions.
[Ord. No. 1007 §16-203A.390, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.350), 9-24-2003]
Except where this Title provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this Title desiring to appeal said decision shall file the appeal in the District Court of Johnson County within thirty (30) days of the making of the final decision of the Board.
Section 440.360 Limitation On Successive Rezoning Applications By Landowner.
[Ord. No. 1007 §16-203A.400, 1-24-2001]
A.
No application for rezoning by a landowner or agent will be accepted if any application for substantially the same property and substantially the same development or land use has been filed and advertised for public hearing within the preceding six (6) months.
B.
For purposes of Subsection (A), the preceding six (6) month period shall be determined as follows:
1.
If there was final action (either approval or denial) on the prior application, the six (6) month period shall run from the date of such action.
2.
If the prior application was withdrawn after being advertised for public hearing, the six (6) month period shall run from the date the application was withdrawn.
C.
The Public Works Director shall determine if an application concerns "substantially the same" property, development and land use as a prior application. The landowner may appeal any such determination to the Planning Commission.
D.
The City Council may waive the limitation in this Section for good cause shown.