Parkville City Zoning Code
CHAPTER 403
Applications and Procedures
Section 403.005 Procedures Summary.
Table 403-1: Procedures Summary | |||||
Key:  = Required = AuthorizedPC = Planning Commission BOA = Board of Alderman | BZA = Board of Zoning Adjustment R = Review and recommending authority D = Decisionmaking authority PH = Public hearing required (distinguished from a public meeting generally open to the public) A = Appeal of decision | ||||
Eligible Applicants | Preapplication Meeting | Notice | Review Body | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Owner | Staff | PC | BOA | Post | Publish | Mail | Staff | PC | BOA | BZA | Protest Permitted | |||
Subdivision - Administrative Plat | ▪ | | D | |||||||||||
Subdivision - Preliminary Plat | ▪ | | R | D | A | |||||||||
Subdivision - Final Plat | ▪ | | R | R | D | |||||||||
Subdivision Waiver | ▪ | | R | D | A | |||||||||
Zoning Map Amendment | ▪ | ▪ | ▪ | ▪ | | | | | R | R/PH | D | | ||
Preliminary Development Plan | ▪ | ▪ | ▪ | | | | | R | R/PH | D | | |||
Final Development Plan | ▪ | D | A | |||||||||||
Conditional Use Permit | ▪ | | | | | R | R/PH | D | ||||||
Site Plan - Minor | ▪ | | D | A | ||||||||||
Site Plan - Major | ▪ | | R | D | A | |||||||||
Variance | ▪ | | | | | R | D/PH | |||||||
Appeal of Administrative Decision | ▪ | ▪ | ▪ | ▪ | | | | D/PH | ||||||
Text Amendment | ▪ | ▪ | ▪ | | R | R/PH | D | |||||||
Section 403.010 Common For All Applications.
A.
Applications And Fees.
1.
Forms. Applications required under this code shall be submitted to the Community Development Department. The Director is authorized to modify the application forms and submittal requirements as deemed necessary in the Director's discretion.
2.
Fees. Applications shall be accompanied by a non-refundable fee established by the Board of Aldermen. Any application that does not include the required fee shall be returned to the applicant as incomplete. Fees shall not be required with applications initiated by the staff, Planning Commission, or Board of Aldermen.
3.
Eligible Applicants. Table 403-1 indicates applicants eligible for each particular application under this code, which include the following:
a.
Owner: the record owner of property impacted by the application, or that owner's authorized agent. In the case of an application requiring a public hearing, and for the purposes of the right to appeal or protest, all those receiving mailed notice shall be considered owners impacted by the application.
b.
Planning Commission: the Planning Commission, acting on its own initiative according to its bylaws and rules of procedure.
c.
Board Of Aldermen: the Board of Aldermen acting on its own initiative according to its bylaws and rules of procedure.
B.
Application Processing Cycles. The Director shall establish a more specific processing cycle for each type of application, which includes:
1.
Dates of regular meetings of review bodies and decisionmakers that comply with all legal requirements for notice and public meeting deadlines;
2.
Deadlines for receipt of a complete application for consideration at a particular meeting;
3.
The scheduling of staff reviews, agency reviews, and staff reports on complete applications; and
4.
The steps and benchmarks in the application process (including required notice requirements, public meetings, public hearings, decision meetings and review by other bodies).
C.
Preapplication Meeting.
1.
Preapplication meetings may be requested for any application and shall be required as indicated in Table 403-1. Where required, the applicant shall confer with the Director and other City officials designated by the Director. The purpose of the preapplication meeting is to discuss the general nature of the proposal, including:
a.
Classification of the application.
b.
Procedure and submittal requirements for the application.
c.
Criteria for processing and decisions on the application.
d.
Notification requirements, timing and other procedural prerequisites, or whether any special community outreach may be important.
e.
Planning and infrastructure impacts, including the need for any additional technical studies or outside agency coordination and review.
f.
The relationship to the Master Plan, and whether any specific plans, policies or other design, development or economic development initiatives impact the application.
g.
Zoning requirements for the property in question and adjacent property.
h.
Opportunities to improve any preliminary design concepts and better relate project benefits or mitigate impacts to other public or private investments in the area.
2.
A required preapplication meeting may be waived at the Director's discretion and upon the applicant's request for any application that is routine in nature and where the above topics can be addressed by general correspondence.
D.
Staff Review. Upon receipt of an application, the Director shall take the following steps:
1.
Notification Of Incomplete Application. If the Director determines that an application is incomplete, the Director shall notify the applicant of the specific ways in which the application is deficient within fifteen (15) days of submittal, and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within thirty (30) days of the notice, the incomplete application is deemed rejected.
2.
Scheduling.
a.
The Director shall schedule complete applications for further review according to these regulations.
(1)
Applications that require a public hearing shall be scheduled for initial review within sixty (60) days of a determination of a complete application.
(2)
Applications that do not require a hearing but an official public meeting shall be scheduled for review within thirty (30) days of a determination of a complete application or the recommendation from another required review body.
b.
In the event that the next regular meeting of the review body is beyond these time periods, or the required notice cannot be given within these time periods, the application shall be scheduled for the closest available meeting.
3.
Staff Report. The Director shall prepare a staff report in light of the appropriate policies, plans and regulations. The Director shall provide a copy of the report to the review body and to the applicant before the scheduled meeting.
E.
Notice. Notice shall be provided for each application as indicated in Table 403-1, which shall provide the time, place and general nature and location of the application. Required notice shall be based on the following requirements:
1.
Published. Where published notice is required, at least fifteen (15) days, but not more than thirty (30) days prior to the public review, notice shall be published in a newspaper in general circulation in the City.
2.
Posted. Where posted notice is required, the applicant shall post notice on the property that is the subject of the application within public view at least fifteen (15) days before the scheduled review. The City will furnish the sign(s) for posting.
3.
Mailed. Where mailed notice is required, the applicant shall provide names and addresses of all owners of record within one hundred eighty-five (185) feet, excluding existing rights-of-way, of the boundaries of the property. At the expense of the applicant, the Director shall mail notice of the time, place and nature of the hearing by certified mail at least fifteen (15) days prior to the public review. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.
F.
Public Hearings. Where a public hearing is required by Table 403-1, the following procedures apply:
1.
The hearing shall be conducted and a record of the proceedings shall be preserved, as the specific review body may prescribe by rule.
2.
Any interested person or party may appear and be heard in person, by agent, or by attorney.
3.
The review body may request a report on the application from any government official or agency, or any other person, firm or corporation with information pertinent to the application. A copy of any requested report shall be made available to the applicant and interested parties, and shall be available for review in the office of the Community Development Department.
4.
A public hearing for which 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 specific date, time and location announced at the original public hearing.
G.
Action By Review Bodies. Review bodies shall take the actions indicated in Table 403-1. A review body may take any action on the application consistent with notice given or criteria in this Chapter, regardless of the presence of the applicant, including the following (or recommend the following when the review body is a recommending body):
1.
Approve the application.
2.
Approve the application with conditions or modifications.
3.
Deny the application.
4.
Continue the application to allow further analysis. The continued application shall not be more than sixty (60) days from the original review without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.
H.
Appeals. Where a review body is designated as the appellate body in Table 403-1, the following appeal procedures apply:
1.
Appeals shall be filed with the Director within fifteen (15) days of the decision by the decisionmaking review body.
2.
The following persons and entities shall have standing to appeal the action of the review body:
3.
The review body designated as the appellate body shall consider the application as a new matter, and within sixty (60) days of the date that the appeal was filed may take any action authorized by the decisionmaking review body. The procedure and required notice shall be the same as required of the original application.
I.
Technical Studies. The Director, on behalf of any public official, department, or agency, the Planning Commission or the Board of Aldermen may require applicants for development or permit approval to submit technical studies as may be necessary to evaluate the application. Technical review by outside entities with expertise or jurisdiction over some aspects of the application may be required in place of, in addition to, or in association with any studies. Examples of technical studies that may be required include traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments, noise studies, market studies or economic impacts. The persons or firms preparing the studies shall be subject to the approval of the Director. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from entities outside of the City may require special schedules based on the reasonable time frames to conduct those studies or additional reviews.
J.
Successive Applications. In the event that the review body takes final action to deny an application, the same or a similar application shall not be refiled for one (1) year from the advertised review date. The Director, upon petition by the applicant, may permit a refiling of the application no sooner than one hundred eighty (180) days after the scheduled review date when it is determined 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. There shall be no time limitation on a substantially different application.
Section 403.020 Platting.
A.
Applicability. Plat applications are required to establish or alter the legal boundaries of property, and to account for public facilities, infrastructure, development patterns, public realm design or other long-range growth and development considerations prior to potential fracturing of ownership. Plat applications may be initiated by the owners or agents of any property affected. In addition to the general requirements in Table 403-1 and Section 403.010, the requirements in this Section are specific to plat applications. Specifically plats shall apply to:
1.
Any division of land where any resulting parcel is less than five (5) acres;
2.
Any adjustment of previously platted lots that alter the legal boundaries or potential ownership patterns, other than those by operation of law, acquisition by a public entity, or by court order; and
3.
Any development on previously unplatted property where access or connections to public infrastructure or public streets will be required.
B.
Types Of Plats And Applications. Plat applications are classified and processed as one (1) of three (3) types:
1.
Administrative plats are routine applications, such as lot line adjustments, lot splits, lot combinations or small land divisions that do not alter development patterns or impact public services.
2.
Preliminary plats are larger divisions of land that enable new ownership and development patterns, or that impact public facilities or land, and are proposed in a preliminary or conceptual format to prepare for detailed engineering and design of facilities.
3.
Final plats are a refined version of the preliminary plat that present proposed ownership and development patterns, as well as the specific location of public facilities and public property based on detailed designs.
C.
Administrative Plat. Administrative plats shall be processed according to the following criteria and procedures.
1.
Review Criteria.
a.
An application may be classified as an administrative plat if the Director determines that all of the following are met:
[Amended 4-6-2021 by Ord. No. 3068]
(1)
No new street or alley right-of-way, or other public dedication is needed.
(2)
No significant increase in service requirements (utilities, schools, traffic control, streets, etc.), or impact on the ability to maintain existing service levels will result.
(3)
The application affects the boundaries of only four (4) or fewer existing lots, or results in five (5) or fewer new lots from a previously unplatted parcel, or is finalizing the legal boundaries of a previously approved preliminary and final plat which could only be based on a legal survey after construction of improvements.
(4)
All lots meet the legal standards of the subdivision regulations and applicable zoning districts.
(5)
The lot patterns are consistent with the surrounding area. In determining consistency, the size and dimension of lots previously developed, the layout and design of existing subdivisions and rights-of-way, and the degree of deviation from previous development shall be considered.
(6)
No lot or portions thereof are located outside of the municipal boundaries of the City.
(7)
No other significant issues exist with potential development enabled by the plat that could impact planning policies, development regulations or adjacent property owners.
b.
Any application not classified as an administrative plat and meeting these criteria shall be processed as a major subdivision with a preliminary and final plat.
2.
Review And Approval. Upon review by the Director and any affected departments or agencies, and within sixty (60) days of filing, the Director shall approve any administrative plats that meet all requirements of these regulations, deny the application, or recommend further processing as a major subdivision.
3.
Effect Of Decision. Approval of an administrative plat requires the applicant to record the plat with the Platte County Recorder's Office. The applicant shall be responsible for all recording fees.
4.
Limitations On Successive Applications. Platted lots are eligible only one (1) time for approval of a consolidation or division through the administrative plat process and any further division or consolidations of the originally platted lots or newly created lots shall be processed through the preliminary and final plat process.
D.
Preliminary plat. A preliminary plat shall be processed according to the following criteria and specific procedures in addition to those identified in Table 403-1 and applicable in Section 403.010.
1.
Review Criteria. A preliminary plat shall be reviewed according to the following criteria:
[Amended 4-6-2021 by Ord. No. 3068]
a.
The application is in accordance with the Master Plan and in particular the physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments that reflect the principles and concepts of the plan.
b.
Compliance with the requirements of this Development Code, and in particular the blocks and lots proposed are capable of meeting all development and site design standards under the existing or proposed zoning.
c.
Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property.
d.
Any impacts identified by specific studies or technical reports, including a preliminary review of stormwater, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.
e.
The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Master Plan.
f.
No lot or portions thereof are located outside of the municipal boundaries of the City.
g.
The design does not impede the construction of anticipated or planned future public infrastructure within the area.
h.
The recommendations of professional staff, or any other public entity asked to officially review the plat.
2.
Effect Of Decision. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but authorizes preparation of the final plat. The applicant may request that a denied preliminary plat be submitted to the Board of Aldermen, and the Planning Commission shall submit all information to the Board of Aldermen which can make a determination consistent with these regulations.
3.
Term Of Expiration. The approval of the preliminary plat shall be effective for eighteen (18) months, except that any approval of a final plat for any phase specifically indicated on a preliminary plat shall renew the eighteen-month period. The Planning Commission may grant an extension of this period for up to one (1) year, if the applicant demonstrates substantial progress towards the design and engineering requirements necessary to submit a final plat.
E.
Final Plat. After approval of the preliminary plat, the applicant may submit a final plat for all or portions of the preliminary plat area. A final plat shall be processed according to the following criteria and specific procedures in addition to those identified in Table 403-1 and applicable in Section 403.010.
1.
Review Criteria. A final plat shall be reviewed according to the following criteria:
a.
The layout and design of the final plat is substantially consistent with the approved preliminary plat considering the number of lots or parcels; the block layout, street designs and access; the open space systems and civic design elements; the infrastructure systems; or other elements of coordinated developments.
b.
The construction plans for any utilities, infrastructure or public facilities meet all technical specifications.
c.
The phasing and timing of public improvements ensures construction and performance guaranties.
d.
Any deviations in the final plat from the preliminary plat brings the application in further compliance with the Master Plan and the purposes and intent of this code.
e.
The recommendations of professional staff, or any other public entity asked to officially review the plat.
2.
Planning Commission Review. If the Planning Commission approves or conditionally approves the final plat, the plat shall be forwarded to the Board of Aldermen with a recommendation that it accept dedication of land for public purposes, such as easements, rights-of-way and public facilities.
3.
Dedication Of Land. The Board of Aldermen shall accept or reject the dedication of land for public purposes within thirty (30) days after the first meeting of the Board of Aldermen following submission of the recommendation of the Planning Commission. The Board of Aldermen may defer action for an additional thirty (30) days for allowing modifications to comply with the requirements established by the Board of Aldermen. If the Board of Aldermen defers or rejects such dedication, it shall advise the applicant and Planning Commission of the reasons and specify the nature of the non-compliance.
4.
Effect Of Decision. The approval of the final plat and acceptance of the dedication of land for public purposes, parkland dedication or fee-in-lieu, and payment of the excise tax if applicable, authorizes the filing of the plat with the Platte County Recorder's Office. Any approval with conditions or exceptions to the rules shall be clearly stated on the plat. Any plat not recorded within two (2) years from the date of acceptance of land by the Board of Aldermen shall be null and void. Upon approval or recording of the plat, the applicant may proceed with the design and construction of required improvements. No building permit shall be authorized until the completion, inspection and acceptance of all required improvements.
F.
Subdivision Waiver. Through the preliminary or final plat process, the Planning Commission may waive certain subdivision requirements in Chapter 404, provided that it finds the following:
1.
Applying the standard to the specific site and application will not meet the intent of the standard.
2.
Rather than meeting the standard, the applicant's proposed design and any additional designs proposed to mitigate not meeting the standard will equally or better meet the intent of the standard.
3.
Meeting the standard is not necessary to meet any of the public goals associated with the standard when considering the application in a broader and long-range context.
4.
Waiver of the standard will not be detrimental to any adjacent property owners or any future development opportunities on adjacent property.
Section 403.030 Zoning Map Amendment.
A.
Applicability. The Zoning Map amendment process provides review of changes to the boundary of zoning districts (rezoning) that may be necessary to account for changed conditions in the general area or a change in public policies with respect to future development. Zoning Map amendments for specific property may be initiated by the Board of Aldermen, the Planning Commission, or the owners or authorized agents of any property affected. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to Zoning Map amendment applications.
B.
Review Criteria. A Zoning Map amendment shall be reviewed according to the following criteria:
1.
The application is consistent with the Master Plan and any official plan or program developed under the guidance of the Master Plan, and in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts.
2.
The character of the neighborhood, including the design of streets, civic spaces and other open spaces; the scale, pattern and design of buildings; the zoning of property and compatibility of potential future uses; and the operation and uses of land and buildings.
3.
The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts, and in particular the building form, site design, and other development patterns and urban design aspects of the proposed project in furthering the intent.
4.
Compliance of any proposed development with the requirements of the Development Code, and the intent or design objectives associated with any specific standards.
5.
The ability of the City or other government agencies to provide any services, facilities or programs that might be required if the application were approved.
6.
The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Master Plan.
7.
The consistency of the application with other adopted policies of the City, including any other relevant implications of the change beyond any specific proposed project.
8.
The recommendations of professional staff or other technical reviews associated with the application.
C.
Protest By Petition. If a written protest against a proposed zoning change is filed in the office of the City Clerk within fifteen (15) days of the date of the conclusion of the Planning Commission public hearing, signed by the owners of record of thirty percent (30%) or more of any real property proposed to be rezoned, or by the owners of record of thirty percent (30%) or more of the total area required to be notified by this code of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a two-thirds vote of all of the members of the Board of Aldermen.
D.
Board Of Aldermen Review. The Board of Aldermen shall not consider a request prior to the lapse of the fifteen-day protest period. When the Planning Commission submits a recommendation of approval or disapproval of a Zoning Map amendment, the Board of Aldermen may:
1.
Adopt such recommendation by ordinance;
2.
Return such recommendation to the Planning Commission with a statement specifying the basis for the Board of Aldermen's failure to approve or disapprove; or
3.
Reject or modify the Planning Commission's recommendation, specifically citing the reasons for such decision and based on the same criteria in Section 403.030(B).
E.
Effect Of Decision. Amendments to the Official Zoning Map (rezoning) 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 the Director within thirty (30) days following such action.
Section 403.040 Master Planned Development.
A.
Applicability. The master planned development process is intended for development concepts that require a higher degree of specific planning based on the complexity of the project, the relationship of the site to the context, and the ability to meet or exceed the purpose, intent and objectives of this code through more flexible application of the standards. A master planned development application is a type of Zoning Map amendment, and must meet all of the procedures and requirements of that process, but it also accommodates specific master development plan. The planned development process involves at least two (2) steps: the preliminary development plan, and the final development plan. In many cases land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process and may run concurrently with or following the planned development process. Planned development applications may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to master planned development applications.
B.
Preliminary Development Plan. A preliminary development plan is a generalized development plan for the entire area proposed to be included within a planned development. The purpose of a preliminary development plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A preliminary development plan shall include a minimum of five (5) acres, or at the Director's discretion, it may include less if the plan affects property at the scale of a block depending on the specific context. Additions to previously approved preliminary development plans may be considered an amendment to that plan and do not require a minimum size. A preliminary development plan shall generally include:
1.
Public realm plan: a plan outlining the general location, design characteristics, and functions of all proposed streets, stormwater management, open spaces, civic spaces, and circulation networks, whether public, common or private, that will create the public realm for the plan.
2.
Development plan: a plan indicating the specific land uses and their density/intensity, block and lot patterns, building types and scale, design characteristics, and other building and site design elements that reflect the proposed character of the plan and where relationships and transitions between these elements occur within the plan. The development plan shall specifically identify where development standards may differ from those otherwise applicable through the base zoning districts and general development requirements of this code.
3.
Existing conditions: analysis identifying the general layout of any existing structures, streets or infrastructure and the location of natural features, such as watercourses, steep grades, significant stands of trees, specimen trees or other features.
4.
Public input summary: a summary of the type, extent and outcomes from any public or community engagement regarding the plan and future development.
5.
Phasing or implementation: a strategy indicating the estimated timing of development, and any other administrative details of implementing the plan through future final site plans.
6.
Illustrative Plan. The preliminary development plan may include an illustrative plan that includes renderings, elevations or plans of buildings, streetscapes, and public spaces or other urban design and architectural details demonstrating how the plan will be executed according to the applicable development standards.
C.
Preliminary Development Plan Review Criteria. A preliminary development plan shall be reviewed according to the following criteria:
1.
The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards, based on the goals of the Master Plan, and based upon generally accepted planning and design practice.
2.
The benefits from any flexibility in the standards proposed in the plan promote the general public health, safety and welfare of the community, and in particular of the areas immediately near or within the proposed project, and are not strictly to benefit the applicant or a single project.
3.
The benefits from any flexibility in the standards proposed in the plan allow the project to better meet or exceed the intent statements of the base zoning district(s) and the standards proposed to be modified when applied to the specific project or site.
4.
The plan reflects generally accepted and sound planning and urban design principles with respect to applying the Master Plan and any specific plans to the area.
5.
The plan meets all of the review criteria for a Zoning Map amendment.
D.
Effect Of Preliminary Development Plan Approval. Approval of a preliminary development plan shall constitute acceptance of the overall planning concepts and development parameters. In reviewing and approving a preliminary development plan, the Planning Commission may recommend or the Board of Aldermen may require conditions that must be met before an applicant submits a final development plan.
1.
Designation On Official Zoning Map. Sites governed by an approved preliminary development plan shall be designated on the Official Zoning Map with the letters of the base zoning district plus "P" (planned). (For example, where a portion of the development plan uses the R-3 and the B-1 base zoning districts for the preliminary development plan, the future zoning of each area shall be R-3-P and B-1-P respectively.)
2.
Protest By Petition. If a written protest against a proposed preliminary development plan is filed in the office of the City Clerk within fifteen (15) days of the date of the conclusion of the Planning Commission public hearing, signed by the owners of record of thirty percent (30%) or more of any real property in the plan, or by the owners of record of thirty percent (30%) or more of the total area required to be notified by this code of the proposed preliminary development plan, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a two-thirds vote of all of the members of the Board of Aldermen.
3.
Duration Of Plan. An approved preliminary development plan shall lapse and be of no further force and effect if a final development plan (or a final development plan for a designated phase of the preliminary development plan) has not been approved within two (2) years of the date of approval of the preliminary development plan.
E.
Final Development Plan. A final development plan is a detailed plan for implementing the preliminary development plan, including technical information on building, site, open/civic space, and infrastructure development. A final development plan may include the entire area covered in the preliminary development plan or it may include one (1) or more phases of the approved preliminary development plan. The plan shall include all necessary information to demonstrate that all applicable standards, requirements, and conditions of the preliminary development plan have been met.
F.
Final Development Plan Review Criteria. A final development plan shall be reviewed according to the criteria for site plan and design review in Section 403.060, with the additional criteria that the final development plan is substantially consistent with the approved preliminary development plan.
Section 403.050 Conditional Use Permit.
A.
Applicability. A conditional use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses. Due to the varying design and operational characteristics of the use or due to conditions in the area where the use is proposed, these uses may not be appropriate in that district, but require a case-specific review to determine the compatibility in a specific context and location. Conditional use permits may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to conditional use applications.
B.
Review Criteria. A conditional use permit shall be reviewed according to the following criteria:
1.
The application furthers the intent of the proposed zoning district and does not conflict with the intent of any abutting districts, and is otherwise determined to be consistent with the Master Plan and any official plan or program developed under the guidance of the Master Plan.
2.
Compliance of any proposed development with the requirements of this code.
3.
Whether any additional site-specific conditions are necessary to meet the purposes and intent of this code and the intent or design objectives of any applicable subsections of this code, or mitigate any other potential impacts that are specific to the proposed use.
4.
The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
5.
The adequacy of drainage, utilities and other public facilities.
6.
Compatibility with the character of the area in terms of building scale, building form, landscape and site design.
7.
Compatibility with the area in terms of operating characteristics, such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
8.
Whether a limited time period for the permit is reasonable necessary to either limit the duration of the use, assess the use against changing conditions in the area, or ensure periodic reporting and ongoing enforcement of the permit.
9.
The application will not prevent development and use of the neighboring property in accordance with the applicable development regulations.
10.
The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
11.
The recommendations of professional staff or other technical reviews associated with the application.
C.
Effect Of Decision. Approval of a conditional use permit by the Board of Aldermen shall authorize the applicant to apply for a building permit, and other applicable permits. Approval shall be valid for two (2) years, and the Board of Aldermen may grant a one-year extension. Any application not acted upon according to the approval and conditions within this time period shall be void. Any amendment to a conditional use permit shall require the same process as the original approval.
Section 403.060 Major Site Plan.
A.
Applicability. The major site plan process coordinates development projects with the public realm and with adjacent sites, and specifically demonstrates how new projects meet the development and design standards of this code regarding compatible arrangement of buildings, pedestrian and vehicle access, site design, lighting and landscaping. Site plans may be initiated by the owners or authorized agents of the property. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to major site plan applications. The major site review process specifically applies to:
1.
Any new building, except detached houses and duplexes.
2.
Any expansion to an existing building footprint by more than fifteen percent (15%), except detached houses and duplexes.
3.
Any site development activity which expands the impervious surface by more than twenty-five percent (25%) of existing impervious surface on the lot.
4.
Any changes to the site access and circulation which present a significant change impacting the design of the public realm or traffic conditions near the site.
B.
Review Criteria. A major site plan shall be reviewed according to the following criteria:
1.
In general, any site plan in compliance with all requirements of this code shall be approved.
2.
In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the review body shall consider whether:
a.
The site is capable of accommodating the buildings, proposed use, access and other site design elements required by this code and will not negatively impact the function and design of rights-of-way or adjacent property.
b.
The design and arrangement of buildings and open spaces is consistent with good planning, landscape design and site engineering principles and practices.
c.
The architecture and building design uses quality materials and the style is appropriate for the context considering the proportion, massing, and scale of different elements of the building.
d.
The overall design is compatible with the context considering the location and relationships of other buildings, open spaces, natural features or site design elements.
e.
Whether any additional site-specific conditions are necessary to meet the intent of the zoning district or the intent and design objectives of any of the applicable development standards.
3.
The application meets the criteria for all other reviews needed to build the project as proposed.
4.
The recommendations of professional staff.
C.
Administrative Adjustments. The Planning Commission may grant administrative adjustments through a major site plan review to provide flexibility where it is clear that an alternative design approach or a minor modification will equally or better meet the intent or design objective of the standard that is deviated from and the review criteria in this Section. Specifically, administrative adjustments apply to:
1.
Altering a building standard, such as the height, setback or area, by five percent (5%) or less.
2.
Reducing a site design standard, such as a landscape requirement, parking requirement or open space dimension, by ten percent (10%) or less.
3.
Deviating from a design standard by proposing an alternative design that equally or better meets the intent of the design standard or any performance criteria associated with the standard.
D.
Effect Of Decision. Approval of a major site plan shall authorize the applicant to apply for a building permit, and other applicable permits. The Director may approve minor amendments to approved major site plans without the refiling of a new application, but in no event shall the Director approve any change that does not qualify for an administrative adjustment, or any change that is different from any condition of approval of the major site plan. An approved major site 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 site plan is not filed within two (2) years of the approval. The Planning Commission may grant an extension for up to one (1) additional year.
Section 403.070 Minor Site Plan.
A.
Applicability.
1.
The minor site plan process ensures that routine development projects meet the development and design standards of this code, and all other standards applicable to the property. Minor site plans may be initiated by the owners or authorized agents of the property. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to minor site plan applications. The minor site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites subject to the following:
a.
Structural alterations to an existing building that does not change the footprint.
b.
Any expansion to an existing building footprint by fifteen percent (15%) or less.
c.
Any change or intensification of use which alters access and parking requirements of this code.
d.
Any site development activity which expands the existing impervious surface twenty-five percent (25%) or less.
e.
Minor changes to the site access and circulation which do not present a significant change impacting the design of the public realm or traffic conditions near the site.
f.
Significant exterior design alterations to an existing building that do not change the footprint. This excludes ordinary maintenance, but may include things such as refacing or changing exterior materials, altering the composition of the facade by changing patterns of windows and doors, changing architectural details and ornamentation.
2.
The Director may determine that any application meeting these eligibility criteria still presents significant change or potential impacts on the area, or presents substantial interpretation questions on the application of development standards, and is not eligible for the minor site plan process. These applications must be reviewed through the full site plan and design review process.
B.
Review Criteria. A minor site plan shall be reviewed according to the following criteria:
1.
In general, any site plan in compliance with all requirements of this code shall be approved.
2.
In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the review body shall consider whether:
a.
The site is capable of accommodating the buildings, proposed use, access and other site design elements required by this code and will not negatively impact the function and design of rights-of-way or adjacent property.
b.
The design and arrangement of buildings and open spaces is consistent with good planning, landscape design and site engineering principles and practices.
c.
The architecture and building design uses quality materials and the style is appropriate for the context considering the proportion, massing, and scale of different elements of the building.
d.
The overall design is compatible with the context considering the location and relationships of other buildings, open spaces, natural features or site design elements.
e.
Whether any additional site-specific conditions are necessary to meet the intent of the zoning district or the intent and design objectives of any of the applicable development standards.
3.
The application meets the criteria for all other reviews needed to build the project as proposed.
C.
Effect Of Decision. Approval of a minor site plan shall authorize the applicant to apply for a building permit, and other applicable permits. An approved minor site 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 site plan is not filed within two (2) years of the approval. The Director may grant an extension for up to one (1) additional year.
Section 403.080 Variance.
A.
Applicability. Variances are a process to provide relief from a strict interpretation of the standards of this code, which when applied to a particular property and in a specific context would create an unnecessary hardship or practical difficulties on all reasonable use of the property. Variances may be initiated by the owners or authorized agents of the property. In addition to the general requirements in Table 403-1 and Section 403.010, the following requirements are specific to variance applications.
B.
Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met:
1.
The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
2.
The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
3.
The strict application of the provisions of the zoning regulations for which the variance is requested will constitute unnecessary hardship or practical difficulties upon the property owner represented in the application;
4.
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and
5.
Granting the variance would not be opposed to the general spirit and intent of this code.
C.
Effect Of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. The concurring vote of at least four (4) members of the Board of Zoning Adjustment is necessary to approve a variance. Any person, official or governmental agency dissatisfied with any order or determination of the Board may bring an action in the Circuit Court within thirty (30) days of the final decision.
Section 403.090 Appeal Of Administrative Decision.
A.
Applicability. The appeal of administrative decisions is a process to determine if there was an error in any final decision in the interpretation, administration or enforcement of this code by an administrative official of the City. Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the officer administering the zoning ordinance. Appeals of administrative decisions shall be filed within thirty (30) days of the date of the decision being appealed.
B.
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, or poses irreparable harm to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record.
C.
Notice. Notice of the appeal shall be served upon the person whose decision is being appealed by providing a copy of the appeal. The administrative official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all papers constituting the record upon which the action appealed is taken within thirty (30) days of receipt of such filing of the appeal.
D.
Action And Review Criteria. The Board of Zoning Adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. An appeal shall be sustained only upon written findings that the official was in error. In exercising the appeal power, the Board shall have all the powers of the official from whom the appeal is taken, and the Board may reverse or affirm wholly or partly or may modify the decision being appealed. 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.
E.
Effect Of Decision. The decision by the Board of Zoning Adjustment shall have the same effect as a decision made by the administrative official. The concurring vote of at least four (4) members of the Board of Zoning Adjustment is necessary to approve an appeal and override an administrative official's decision or interpretation. Any person, including any City official or City council, aggrieved by a decision of the Board may bring an action in the District Court within thirty (30) days of the final decision of the Board.
Section 403.100 Text Amendments.
A.
Applicability. Text amendments to these regulations may be initiated by the Board of Aldermen or the Planning Commission, or by staff on behalf of these entities.
B.
Specific Procedures. In addition to the general procedures in Table 403-1, and Section 403.010, applications for text amendments shall be processed according to the following specific procedures:
1.
Public Hearing. The Planning Commission shall hold a public hearing on all proposed amendments.
2.
Recommendations. Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations in the form of a proposed development regulation and shall submit it with a record of the hearing to the Board of Aldermen.
3.
Action By The Board Of Aldermen. When the Planning Commission submits a recommendation of approval or disapproval of such amendment, the Board of Aldermen may:
a.
Adopt: adopt such recommendation by ordinance;
b.
Override: override or otherwise disapprove the Planning Commission recommendation; or
c.
Return: return such recommendation to the Planning Commission with a statement specifying the basis for the Board of Aldermen's failure to approve or disapprove.
4.
Effective Date. If the Board of Aldermen approves an application, it shall adopt an ordinance to that effect, and the ordinance shall become effective on the date specified in the ordinance.