The district boundaries are the centerlines of streets, alleys, waterways and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the Zoning Map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district.

Where the district boundaries do not coincide with the location of streets, alleys, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

Where the district boundaries do not coincide with the location of streets, alleys, waterways, railroad rights-of-way or lot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning Map.

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.

Agriculture uses as defined by this Unified Development Code.

Retaining walls on public property.

Public signs, such as traffic control devices (stop or yield signs) or street names.

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with the use regulations herein specified for the district that it is located within.

No building or structure shall hereafter be erected or altered:

If any court of competent jurisdiction shall adjudge any provision of this Unified Development Code to be invalid, such judgment shall not affect any other provisions of this Unified Development Code.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Unified Development Code to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.

Responsibility. The Zoning Officer shall be the Director of Community Development or a designee appointed by the City Administrator who shall be responsible for administering this Unified Development Code.

Powers And Duties. In administering this Unified Development Code, the Zoning Officer shall have the following powers and duties:

Establishment. That a Planning and Zoning Commission is hereby continued for the City of Oak Grove and hereinafter referred to as the "Commission".

Membership. That the Commission shall consist of the Mayor if the Mayor chooses to be a member, one (1) member of the Board of Aldermen and five (5) citizen members who are appointed by the Mayor and approved by the Board of Aldermen. In the event the Mayor chooses not to be a member, an additional citizen member shall be appointed by the Mayor and approved by the Board of Aldermen. Commission members shall be entitled to one (1) vote each.

In accordance with Chapter 89, RSMo., the Commission shall/may:

Establishment. A Board of Zoning Adjustment is hereby continued in accordance with Chapter 89, RSMo., regarding the zoning of Cities.

Membership. The Board of Zoning Adjustment shall consist of five (5) members who are residents of the City. The membership of the first (1st) Board of Zoning Adjustment appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Zoning Adjustment shall elect its own Chairman who shall serve for one (1) year.

Meetings And Voting. The Board of Zoning Adjustment shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board of Zoning Adjustment shall be held at the call of the Chairman and at such other times as the Board of Zoning Adjustment may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all that shall be immediately filed in the office of the Board of Zoning Adjustment, and shall be public record. All testimony, objections thereto and rulings thereon shall be taken down by a court reporter employed by the Board of Zoning Adjustment for that purpose.

Powers And Duties. The Board of Zoning Adjustment shall have the following powers and duties:

Vote Required For Action. A concurring vote of four (4) members of the Board of Zoning Adjustment shall be necessary to reverse any order, requirement, decision or determination of any Administrative Official, or to approve any variance under this Unified Development Code, or to decide in favor of the application on any matter that it is required to pass under this Unified Development Code.

Resubmission Of Application. Whenever any application or petition presented has been finally acted upon by the Board of Zoning Adjustment under the provisions of this Unified Development Code, said Board of Zoning Adjustment shall not, for a period of six (6) months from the date of its decision, receive or entertain any identical or similar application seeking the same or similar relief on the same property.

Authority To File Applications. Any application for development review or approval under this Unified Development Code shall be filed by the person having legal authority to take action in accordance with the approval sought. That person is presumed to be the record owner, purchaser under a sale from the record owner, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. The City shall be authorized to require proof of legal authority to take the action sought. The Planning and Zoning Commission or the Board of Aldermen may initiate any action under this Unified Development Code with or without an application from the property owner.

Applications. Applications required under this Chapter shall be submitted on forms provided by the Zoning Officer responsible for accepting the application and in such numbers as required by the City. Applications shall be accompanied by a fee established by the Board of Aldermen to defray the costs of processing applications. Applications shall be reviewed for completeness. If the Zoning Officer determines that the application is complete, the application shall then be processed. If the Zoning Officer determines that it is incomplete, the Zoning Officer shall, within five (5) days, notify the applicant of the specific ways in that the application is deficient.

Fees. Any application that does not include required information or that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing of the application shall occur until the deficiencies are corrected. Fees shall not be required with applications initiated by the Planning and Zoning Commission, Board of Aldermen or City department heads.

Application Processing Cycles. The Zoning Officer, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles may include:

Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, requirements for the timing of notices and for specifying the time, date and place of public meetings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Chapter.

Action By Commission And/Or Board As The Case May Be. Decision-makers may take any action on an application that is consistent with any notice given including, but not limited to, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-makers may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in the notice.

Inaction By Commission Or Board. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law, or unless the applicant requests or agrees to an extension of the time frame. When a decision-maker fails to take action on an application, such inaction shall be deemed a denial of the application, unless the applicant requests or agrees to an extension of the time frame.

Continuation Of Public Hearings. A public hearing that proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a date and time certain and the date and time is announced at the original public hearing.

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

Conditional Approvals. In the consideration of any application authorized by this Unified Development Code, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions, including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, and provision of services and/or facilities, to ensure that adequate public services and facilities are available to meet the need for such services and facilities generated by the development proposed by the application under consideration.

Criteria For Considering Applications. In considering any application for rezoning, conditional use permit or preliminary development plan, the Commission and the Board of Aldermen may give consideration to the criteria stated below to the extent they are pertinent to the particular application. The Commission and Board of Aldermen may also consider other factors that may be relevant to a particular application.

Initiation Of Application. An application for an amendment to the text of this Unified Development Code may be proposed by the Board of Aldermen or the Planning and Zoning Commission or any department head with responsibility for reviewing development applications.

Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.

Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the amendment and transmit a written summary of its action and proceedings to the Board of Aldermen. The recommendation of the Planning and Zoning Commission shall contain a statement describing the nature and effect of the proposed amendment and explaining:

Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall hold a public hearing on the proposed development code amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.

Notice Of Public Hearings. At least fifteen (15) days' notice of the time and place of scheduled public hearings before the Planning and Zoning Commission and the Board of Aldermen shall be published in a newspaper of general circulation within the City.

Review Criterion. No amendment to the text of this Unified Development Code shall be approved by the Board of Aldermen that would have the effect of adversely affecting the general health, safety and welfare of the citizens of the City.

Application. A complete application for an amendment to the official Zoning Map (zoning change) shall be submitted to the Zoning Officer in a form established by the City along with a fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed amendment in light of the Comprehensive Plan, the general requirements of this Unified Development Code and applicable review criteria set forth in Section 405.085(F). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.

Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the amendment based on the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.085(F). After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen.

Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission public hearing, the Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.

Review Criteria. In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning and Zoning Commission and Board of Aldermen shall review the proposed amendment in light of the criteria for considering applications contained in Section 405.075(K), as well as the Comprehensive Plan, the general requirements of this Unified Development Code and the following considerations including, but not limited to:

Protest Petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. If a valid protest petition is submitted to the City ten (10) days prior to Board of Aldermen final action on the application, an amendment to the official Zoning Map (zoning change) shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.

Successive Applications. In the event that the Board of Aldermen denies an application for an amendment to the official Zoning Map (zoning change), an application for the zoning shall not be refiled for one (1) year from the advertised public hearing date of the Board of Aldermen. The Planning and Zoning Commission, upon petition by the applicant, may permit a refiling of said application after six (6) months from the original Board of Aldermen public hearing date when it determines that significant physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity or a significant development code text amendment has been adopted.

Adoption By Ordinance — Changes To Official Zoning Map. Amendment to the official Zoning Map (zoning changes) shall be approved by the Board of Aldermen in the form of an ordinance. Approved changes shall be indicated on the official Zoning Map by Zoning Officer promptly after the ordinance authorizing such change is adopted by the Board of Aldermen.

Overview Of Process. The "PUD" review process involves at least two (2) steps: "PUD" concept plan review and "PUD" final plan review. In many cases, land will need to be subdivided in order to carry out a "PUD" plan. The subdivision process, however, is a separate process, although it can run concurrently with (or following the conclusion of) the "PUD" review process of this Section.

Application. A complete application for a conditional use permit shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the application in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the applicable review criteria set forth in Section 405.075. The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.

Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the request. After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on conditional use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or time frames upon the premises benefited by the conditional use as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose an intent of this Unified Development Code so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use.

Review And Action — Board Of Aldermen. Within the thirty (30) days of the close of the Planning and Zoning Commission public hearing, the Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.

Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.

Successive Applications. In the event that the Board of Aldermen takes final action to deny an application for a conditional use permit, an application for the same use shall not be refiled for one (1) year from the advertised public hearing date. The Planning and Zoning Commission, upon petition by the applicant, may permit a refiling of said application six (6) months after the original Planning and Zoning Commission or Board of Aldermen public hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant development code text amendment has been adopted.

Amendments. The procedure for amending a conditional use permit shall be the same as required for the original approval.

Uses And Development Subject To Site Plan And Design Review. The Zoning Officer shall not allow a building permit to be issued for any of the following development types until a site plan has been reviewed and approved in accordance with the terms of this Section:

Application. A complete application for site plan and design review approval shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed site plan in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.100(G). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.

Review And Recommendation — Planning And Zoning Commission. After reviewing the site plan and architectural drawings, the Planning and Zoning Commission shall act to recommend approval, approval with modifications or denial of the application for site plan and design review based on the criteria set forth in Section 405.100(G). If the Planning and Zoning Commission determines that the application involves a proposed site plan that meets any of the following criteria:

Review And Action — Board Of Aldermen. Within thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall consider the proposed site plan. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed site plan within sixty (60) days of the date of the close of the Board of Aldermen's consideration of the site plan. In the event the Planning Commission has recommended that a public hearing be held on the application pursuant to Section 405.100(D) or the Board of Aldermen determines on its own initiative that a public hearing should be held, the Board of Aldermen shall hold a public hearing on the proposed site plan. Any approval by the Board of Aldermen of an application in which a public hearing is held shall be by ordinance in conjunction with the rezoning of the property, or if not in conjunction with rezoning, as an amendment to the ordinance that previously zoned the property.

Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in Section 405.085.

Review Criteria. In reviewing a site plan and design review application, the Planning and Zoning Commission and the Board of Aldermen shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this Development Code. The Planning and Zoning Commission and the Board of Aldermen shall approve a site plan unless it is determined that the proposed development:

Issuance Of Building Permits. The Zoning Officer shall not issue a building permit until:

Revisions To Approved Site Plan And Design Review Plans. The Zoning Officer may approve minor amendments to approved site plans and architectural drawings without the refiling of a new application, but in no event shall Zoning Officer approve the following amendments except through the same process used to approve the original site plan and drawings.

Expiration Of Approved Site Plan And Design Review Plans. An approved site plan and design review plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved site plan and design review plan is not filed within one (1) year of the date that the site plan and design review plan is approved.

Building Permit. In accordance with the City Code, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, structural conversion, structural alteration, enlargement, extension, razing or moving of any building or structure or any portion thereof until a building permit has been granted therefore.

Occupancy Permit. In accordance with the City Code, it shall be unlawful to occupy any building or structure or any portion thereof until an occupancy permit has been granted therefore.

Application. A complete application for vacation shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not party to the application.

Review And Report — Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed vacation request in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in Section 405.110(D) and (E). The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.

Review And Recommendation — Planning And Zoning Commission. The Planning and Zoning Commission shall consider the vacation request in light of the Comprehensive Plan, the general requirements of this Development Code and the applicable review criteria of Section 405.110(B). After such consideration, the Planning and Zoning Commission shall make a recommendation to approve or disapprove the vacation. The Planning and Zoning Commission recommendation shall be provided to the Board of Aldermen and the applicant at least five (5) days before the meeting that the Board of Aldermen considers the vacation.

Review And Action — Board Of Aldermen. The Board of Aldermen shall consider the vacation request at a regular meeting. The Board of Aldermen shall approve the application if it determines from the submitted evidence and testimony that:

Application Submittal. A complete application for a variance shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Review And Action — Board Of Zoning Adjustment. The Board of Zoning Adjustment shall review the variance application and act to approve, approve with modifications or deny the application based upon review criteria set out in this Section. The Board of Zoning Adjustment shall take action on a variance application within a reasonable period of time after application submittal but in no case more than sixty (60) days after receipt of a complete application unless the applicant consents to an extension of the sixty (60) day period. A concurring vote of at least four (4) members of the Board of Zoning Adjustment shall be required to approve any variance request.

Notice Of Public Hearings. Notification requirements shall be the same as the requirements listed in Section 405.085.

Appeals Of Board Of Zoning Adjustment Decisions. Any person aggrieved by a decision of the Board of Zoning Adjustment may present to the Circuit Court of the County a petition duly verified setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date of the Board of Zoning Adjustment's decision on the matter.

Application Submittal. A complete application for a written interpretation shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Review And Action — Zoning Officer. Within twenty (20) days after a complete application for a written interpretation has been submitted, the Zoning Officer shall:

Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.

Official Record Of Interpretations. The Zoning Officer shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection in the office of the Zoning Officer during normal business hours.

Appeal Of Zoning Officer's Interpretation. Appeals of the Zoning Officer's written interpretations may be taken to the Board of Zoning Adjustment, in accordance with the procedures of Section 405.125, by filing an appeal with the Zoning Officer within seven (7) days of the date of the Zoning Officer's decision.

Applicability. The Board of Zoning Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Unified Development Code.

Right To Appeal. Appeals of administrative decisions may be filed by any person aggrieved or by and officer, department, board or bureau of the municipality affected by any decision of the administrative officer.

Application Submittal. Applications for appeals of administrative decisions shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

Time Of Filing Appeal. Appeals of administrative decisions shall be filed within ten (10) days of the date of the decision being appealed.

Effect Of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to the public welfare, life or property. In such case, proceedings shall not be stayed other than by a restraining order that may be granted by the Board of Zoning Adjustment or by a court of record.

Action By The Zoning Officer. The Zoning Officer or the official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all papers constituting the record that the action appealed is taken.

Review And Action — Board Of Zoning Adjustment. Appeals of administrative decisions shall be taken to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Zoning Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Adjustment may reverse or affirm, wholly or partly, or may modify the decision being appealed. If the Board of Zoning Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken with directions to obtain such evidence and to reconsider the decision in light of such evidence. The Board of Zoning Adjustment shall take action on an appeal within a reasonable period of time after application submittal but in no case more than sixty (60) days after receipt of a complete application. A concurring vote of four (4) members of the Board of Zoning Adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official.

Review Criteria — Findings Of Fact And Conclusions Of Law. An appeal shall be sustained only if the Board of Zoning Adjustment finds that the administrative official erred. Every decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact and conclusions of law specifying the reason for the decision and said written findings shall be filed in the office of the Board of Zoning Adjustment.

Appeals Of Board Of Zoning Adjustment Decisions. Any person aggrieved by a decision of the Board of Zoning Adjustment may present to the Circuit Court of the County a petition duly verified setting forth that such decision is illegal, in while or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date that the Board of Zoning Adjustment's written decision on the matter is filed in the office of the Board of Zoning Adjustment.

Authority. The Board of Aldermen, by resolution, may direct the Zoning Officer, or other appropriate City staff, not to initiate or not to continue the processing of any development application authorized by this Unified Development Code; provided that, the Board of Aldermen has previously directed City staff to prepare, or obtain consultant assistance in the preparation of, Unified Development Code text amendments contemplated by Section 405.080 of this Unified Development Code or planning policies.

Procedure. The Board of Aldermen, in the resolution, shall establish the types and nature of development applications with respect to which processing shall be delayed. This decision shall be based upon the likelihood that the proposed Unified Development Code text amendment or planning policy may have an impact on the content and submission requirements and/or consideration of a certain type and/or nature of development applications. The resolution may delay the processing of certain types or nature of, or all, development applications within the entire City or a defined geographic area of the City if it determines that development applications related to property within the defined geographic area covered by the resolution will be impacted by the proposed Unified Development Code text amendment or planning policy.

Effective Period. The resolution shall establish the period of time within which processing of development applications shall be delayed or discontinued. The period of time set shall not exceed one (1) year from the date of adoption of the resolution; provided that, in no event shall the period set extend beyond the date upon which the Board of Aldermen makes a final decision in its consideration of the Unified Development Code text amendment or planning policy that it has directed City staff to prepare. If the Board of Aldermen determines that a good faith effort is being made to prepare and make a final decision on the Unified Development Code text amendment or planning policy but that no final decision has been made, it may extend the period of time set in the initial resolution for an additional period not to exceed one (1) year.

Purpose. This Section is designed to preserve the status quo while consideration is given to a Unified Development Code text amendment or planning policy and to prevent the establishment of a new non-conforming situation that will undermine the effect of the Unified Development Code text amendment before it is adopted.

The Zoning Officer is authorized, as deemed necessary, to prepare administrative guidelines to augment, implement and provide further details and examples of methods and manners of complying with the minimum design standards of this Section and to assist City staff, the Planning and Zoning Commission and the Board of Aldermen in evaluating whether a proposed subdivision complies with the minimum design standards.

No later than fourteen (14) days in advance of the effective date as set by the Zoning Officer of an administrative guideline, the Zoning Officer shall provide a copy of the administrative guideline to each member of the Board of Aldermen. Upon receipt of the administrative guideline, a majority of the Board of Aldermen may request a review of the administrative guideline and may approve all or a portion of such guidelines by resolution. Any portion reviewed by the Board of Aldermen and not so approved shall not take effect. If the Board of Aldermen does not request review, the administrative guideline shall take effect on the date set by the Zoning Officer. All administrative guidelines that take effect in this manner and have not been previously adopted by the Board of Aldermen shall be adopted by the Board of Aldermen by resolution annually.

Previously Existing Regulations. Those regulations in effect immediately prior to the effective date of this Unified Development Code shall be referred to in this Unified Development Code as the "previously existing regulations". This Unified Development Code shall be referred to either as "these regulations" or the UDC.

Administrative Permits. All permits issued by an administrative official or body, or a legislative body acting in an administrative capacity, prior to the effective date of this Unified Development Code shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this Unified Development Code, except as further specified in Article IX.

Subdivision. Complete applications for preliminary plat(s) submitted prior to the effective date of these regulations shall be processed under the previously existing regulations. Incomplete applications for preliminary plats submitted prior to the effective date of this Unified Development Code, and that are not submitted in a complete form until after the effective date of this Unified Development Code, shall be processed under this Unified Development Code. All applications for subdivision approvals submitted after the effective date of these regulations shall be reviewed pursuant to these regulations. Preliminary or final plat applications, approved under the previously existing regulations, that are allowed to lapse or expire will be subject to reapplication under these regulations.

Special Permits. The Zoning Officer shall monitor all outstanding conditional use permits issued under the previously existing regulations and prior to expiration of an existing conditional use permit, the permit holder may, if required under this UDC, apply for a conditional use permit as set forth in Section 405.095.

Non-Conforming Situations. All non-conforming situations and uses shall be governed by Article IX of this Unified Development Code.