St Robert City Zoning Code
CHAPTER 406
Land Use Applications
Section 406.001 Applications Required.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Subject to the requirements of this Chapter, the use made of vacant property may not be substantially changed, through the clearing, grading or excavation of any land, nor may any buildings, accessory structures, streets, curbs and gutters, sidewalks or utilities be constructed, erected, installed, moved or substantially altered, except in accordance with and pursuant to approval of one (1) of the following types of applications:
1.
A zoning permit that is approved by the Land Use Administrator. Application fee is fifty dollars ($50.00).
2.
A conditional use permit that is reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. Application fee is eighty-five dollars ($85.00).
3.
A minor subdivision plat that is approved by the Land Use Administrator. (Fees see Section 407.015.)
4.
A major subdivision plat that is reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. (Fees see Section 407.015.)
5.
A change of zoning district that is reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. Application fee is eighty-five dollars ($85.00).
B.
Zoning permits and conditional use permits are issued under this regulation only when a review of the application submitted, including the plans contained therein, indicate that the development will comply with the provisions of this regulation and is completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued and, except as otherwise provided for in this regulation, all developments shall occur strictly in accordance with such approved plans and applications.
C.
Physical improvements to land to be subdivided, including the installation of utilities and construction of streets, may not commence until the master plan, final plat, engineered plans and specifications have been reviewed and approved in accordance with all the requirements of these regulations.
D.
Permits shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority for the permits listed in Section 406.001(A).
E.
Application fees shall be paid at the time of filing and made out to the order of "City of St. Robert" in the form of a money order or personal check.
Section 406.003 Relationship to Building Permit Process.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
The process of obtaining a building permit is a separate permit process governed by the provisions of the adopted Building Codes of St. Robert and administered through the City Building Department. No building permits shall be issued for the construction of any residential or non-residential building until all supporting infrastructure improvements (streets, drainage, water, sewer, street lights and sidewalks) to the lot(s) served are completed in their entirety for that phase of development.
Section 406.005 Who May Submit Applications.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Applications will be accepted only from persons having the legal authority to take action in accordance with the permit approval. In general, this means that applications shall be made by the owners of property or their designated agents or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Chapter or the agents of such persons (who may make application in the name of such owners, lessees or contract vendees).
Section 406.007 Applications to Be Complete.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
All zoning applications must be complete and the appropriate filing fee paid before the permit application will be accepted for formal processing and review.
B.
Subject to Subsection (C), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Chapter.
C.
Detailed or technical design drawings and construction specifications relating to various types of improvements (such as streets, sidewalks, utilities, etc.) are set forth in the St. Robert Infrastructure Development Regulations.
D.
No construction work on any development covered by one (1) or more of these Chapters may commence until the necessary plans and specifications have been submitted to and approved by the City. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval or other penalty as provided for in this regulation.
E.
The presumption established by this Chapter is that all of the information set forth in succeeding Chapters of this regulation is necessary to satisfy the requirements of this Section. However, it is recognized that each development is unique and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Planning and Zoning Commission or Board of Aldermen, the applicant may rely in the first (1st) instance on the recommendations of the Land Use Administrator as to whether more or less information than that set forth in other Chapters of this regulation should be submitted.
F.
The Land Use Administrator shall develop application forms, instructional sheets, development checklists or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. Where a minimal amount of information is necessary to enable the Administrator to determine compliance with this Chapter, such as applications for zoning permits and conditional use permits, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
Section 406.009 Consultation Before Formal Application Submission.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
To minimize development planning and construction costs, avoid misunderstanding or misinterpretation of regulatory criteria and ensure compliance with the requirements of this regulation, pre-development consultation between the applicant and the Public Works, Building and Land Use Departments is required prior to the formal submission of any application for which development activities will take place.
Section 406.011 Application Review After Submission.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Upon receipt of a formal zoning application, the Land Use Administrator shall review the application and confer with the applicant to ensure that he understands the Administrator's interpretation of the applicable requirements of this Chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposed to do.
B.
The Land Use Administrator shall place the application on the agenda of the Planning and Zoning Commission when the applicant indicates that the application is as complete as he intends to make it. However, as provided in Section 406.029 (Commission Review of Applications for Conditional Use Permits) if the Administrator believes that the application is incomplete, he shall recommend to the Planning and Zoning Commission that the application be tabled on that basis until the application is made complete.
Section 406.013 Burden of Presenting Evidence - Burden of Persuasion.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The burden of presenting a complete application shall be upon the applicant. However, unless the applicant is informed prior to the meetings or hearings in what way the application is incomplete and is offered an opportunity to complete the application (either at the meeting or at a continuation meeting or hearing), the application shall be presumed to be complete.
B.
Once a completed application has been submitted, the burden of presenting evidence to the Planning and Zoning Commission and the Board of Aldermen sufficient for the respective members to conclude that the application should be denied shall be upon the party or parties urging this position.
C.
The burden of persuasion on the issue of whether development, if completed as proposed, will comply with the requirements of this regulation remains at all times on the applicant. The burden of persuasion on the issue whether the application should be turned down rests on the party or parties urging that the requested permit should be denied.
Section 406.015 Expiration of Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
If either of the following situations occur, zoning permits shall expire automatically one (1) year after the approval of such application and conditional use permits shall expire automatically two (2) years after the approval of such application.
1.
When the use authorized by such permits has not commenced in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of such use, or
2.
Less than ten percent (10%) of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by such permits has been completed on the site. With respect to phased developments, this requirement shall apply only to the first (1st) phase.
B.
If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one (1) year, then the permit authorizing such work shall immediately expire.
C.
The Land Use Administrator may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to Subsections (A) or (B) if it concludes that:
1.
The permit has not yet expired,
2.
The permit recipient has proceeded with due diligence and in good faith, and
3.
Conditions have not changed substantially as to warrant a new application. Successive extensions may be granted without resort to the formal processes and fees required for a new permit.
D.
For purposes of this Section, a conditional use permit is deemed issued when the Board of Aldermen votes to approve the application and authorize the development.
Section 406.017 Amendments to and Modifications of Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Minor deviations from the permit (including deviations from the approved plans) issued are permissible and the Land Use Administrator may authorize such insignificant deviations. Such permission may be obtained without a formal application, public hearing or payment of any additional fee. For purposes of this Section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development.
B.
All other requests for changes to approved plans will be processed as new applications. During its review of the new application, the Board of Aldermen may impose new conditions, in accordance with Section 406.027 (Additional Requirements on Conditional Use Permits), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
D.
A developer requesting approval of changes, other than minor deviations, shall submit a written request for such approval to the Land Use Administrator and that request shall identify the changes. Approval of all changes must be given in writing.
Section 406.019 Developer Responsibilities.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
The developer has the duty of compliance with reasonable conditions laid down by the Commission and the Aldermen for the design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the City and to promote the safety and general welfare of the future lot owners in residential and non-residential subdivisions and of the community at large; the subdivision of land being a privilege conferred through these regulations. The recipient or successor of any zoning permit or conditional use permit shall be responsible for maintaining all common areas, improvements, infrastructures or facilities required by this regulation, or any permit issued in accordance with its provisions, until such time as the offer of dedication to the public has been accepted by the Board of Aldermen. As illustrations and without limiting the generality of the foregoing, this means that streets and parking areas, water and sewer lines and recreational facilities must be properly maintained so that they can be used in the manner intended; and any vegetation and trees required by this regulation for screening or shading must be replaced if they die or are destroyed.
Section 406.021 Surety Requirements.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
When the development of a lot, tract, parcel or subdivision requires the construction of streets, drainage structures, water, sewer, street lights and sidewalks, the developer shall be required by the City to provide the following two (2) types of agreements to the City prior to any improvements being started:
1.
Construction agreement. A construction agreement will be filed with the City of St. Robert outlining the type of surety that will be posted on behalf of the City that will ensure all public improvements will be completed as planned to support the development. The agreement will specify the type of surety the developer will provide and shall be in the sum of one hundred percent (100%) of the estimated cost of construction for the infrastructure improvements. One (1) of the following types of sureties will be provided to indemnify the City of St. Robert:
2.
Maintenance agreement. To protect the City from infrastructure improvements that may suffer from design defects and/or failures in workmanship, a maintenance agreement will be filed with the City of St. Robert after all infrastructure improvements have been completed that support the development. The agreement will specify the type of surety the developer will provide and shall be in the sum of ten percent (10%) of the actual costs of construction for the infrastructure improvements. The maintenance deposit agreement shall be held for a period of twelve (12) months. One (1) of the following types of sureties will be provided to indemnify the City of St. Robert:
B.
Performance Bond/Irrevocable Letter Of Credit. The possibility of insolvency of a developer during the construction of subdivision improvements will most likely result in delayed project completion and additional expenses for a completion contractor to finish the work. For this reason, the City may require developers to provide a bond or irrevocable letter of credit from a bank, bonding or surety company so that the City of St. Robert can recover damages it may sustain as a result of the developer's default up to the estimated cost of construction for the improvements.
C.
Maintenance Bond. Maintenance bonds are required after construction of infrastructure improvements are completed to guarantee the performance of improvements. Maintenance bonds indemnify the City against design defects and/or failures in workmanship and to guarantee that infrastructure constructed will be regularly and adequately maintained throughout the warranty period. Maintenance bonds are limited to a period of twelve (12) months, after which time the responsibility for maintenance of the infrastructure improvements will be transferred to the City of St. Robert.
D.
Materials And Labor Bond. The City may also require the filing of a materials and labor bond which is a type of guaranty or security that is provided by a bonding or surety company to the City on behalf of a developer or contractor. These bonds are issued usually with (and for the same amount as) performance bonds and cover payment for all equipment, labor, materials and services in the event the developer or contractor fails to pay for them under the terms of the contract.
Section 406.023 Completing Development in Sections, Tracts or Phases.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
If an owner intends to develop a parcel of land for residential or non-residential purposes and it is to be developed in sections, tracts or phases, then the provisions of Chapter 407 (Subdivision Developments) shall apply.
Section 406.025 Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The principal objective of these regulations is to provide for an orderly arrangement of compatible buildings and land uses and for proper location of all types of uses required for the social and economic welfare of the community. To accomplish this objective, each type and kind of use is classified as permitted in one (1) or more zoning district established by these regulations. However, in addition to those uses specifically classified and permitted in each zoning district, there are certain additional uses which it may be necessary to allow because of unusual characteristics they provide to the public. These conditional uses require particular considerations as to their proper location to adjacent, established or intended uses or to the planned growth of the City of St. Robert. The conditions controlling the locations and operation of such conditional uses are established by the applicable Sections of these regulations.
B.
An application for a conditional use permit shall be filed with the Land Use Administrator. The application shall be filed on forms prescribed for that purpose.
C.
Upon receipt of an application for a conditional use permit, the Land Use Administrator shall:
1.
Immediately note the date of filing and make a permanent record of the application and information required to be submitted.
2.
Check the application for completeness and accuracy.
a.
If the Land Use Administrator determines that the application does not comply with minimum application requirements, the applicant shall be notified and required to submit additional information or otherwise correct any noted deficiencies within fifteen (15) calendar days from the Land Use Administrator's letter. If the deficiencies are not corrected within the fifteen (15) day period, the Land Use Administrator shall return the application to the applicant.
b.
The Land Use Administrator shall accept the application for a conditional use permit and certify it as complete if all pertinent requirements are met and required plans and supporting documentation are provided.
3.
Process the application by forwarding the submitted plans and other supporting documentation through the various City departments for review and comment.
D.
Upon accepting the application for a conditional use permit, the Land Use Administrator shall note the date on which the application was accepted and shall:
1.
Notify, in writing, the adjacent property owners named in the application of the conditional use permit and the date of the Planning and Zoning Commission meeting at which the application will be considered. The notices shall be mailed or otherwise delivered at least fifteen (15) calendar days before the date of said Commission meeting.
2.
Place the matter on the agenda of the Planning and Zoning Commission. In order for the matter to be considered at the next Commission meeting, the public notice requirements must be satisfied.
F.
Staff Review. If the staff finds that the application fails to comply with the requirements of this regulation or additional City regulations, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings. The staff report shall include recommendations (if any) for additional requirements to be imposed.
G.
Planning And Zoning Commission Review. The Planning and Zoning Commission shall issue its findings and recommendations to the Board of Aldermen for final determination.
H.
The Board of Aldermen shall grant or deny each application for a conditional use permit after a public hearing is held to provide all interested and effected persons an opportunity to voice their comments and concerns.
Section 406.027 Additional Requirements on Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Planning and Zoning Commission may recommend to the Board of Aldermen that conditional requirements be attached to the approval of the permit when such stipulations are deemed necessary to safeguard existing permitted developments and uses in the district; to retain a visual compatibility with the permitted uses and developments in the surrounding area; or to preserve the public health, safety and general welfare of the City of St. Robert. In recommending such conditions, the Planning and Zoning Commission may suggest the following additional restrictions be imposed on the development in compliance with the following guidelines:
1.
Height limitations for structures. The total height of any structure shall be limited by the conditions governing the particular development or use authorized by the conditional use permit. However, the total height of any structure authorized by conditional use permits shall not exceed the least restrictive regulations of the particular zoning district in which the conditional use is located unless Building Code height and area limitations design criteria can be met.
2.
Lot area, lot dimension, development limitations and yard requirements. Any development or use authorized by a conditional use permit shall abide by the lot area, lot dimension, development limitation and yard requirements of the particular zoning district in which the conditional use or development is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by the conditional use permit.
3.
Off-street parking and loading requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives, for any development or use authorized by a conditional use permit shall not be reduced below the minimum off-street parking requirements. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by a conditional use permit.
4.
Sign regulations. Specific sign regulations may be established in the conditions governing the particular development or use authorized by a conditional use permit in accordance with the provisions of this regulation. However, in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the conditional use or development is located.
5.
Time limitations. The Planning and Zoning Commission may recommend a provision limiting the permit to a specified time or duration. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed for renewal in accordance with the provisions of this Chapter. If no time limit is specified on the permit issued by the Board of Aldermen, the conditional use permit shall be valid for a period not to exceed twenty-four (24) months.
6.
Any additional conditions or requirements authorized by this Chapter are enforceable in the same manner and to the same extent as any other applicable requirement of this regulation.
Section 406.029 Commission Review of Applications for Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
When presented to the Planning and Zoning Commission, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 406.007 (Applications to be Complete) or any other requirement of this regulation, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
Section 406.031 Commission Action on Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Planning and Zoning Commission shall recommend to the Board of Aldermen approval of the requested conditional use permit unless it concludes, based upon the information submitted at its meeting, that:
1.
The application is incomplete, or
2.
The requested permit is not compatible with adjoining land uses or would have a detrimental effect on adjacent property values and the health, safety and welfare of the community, or
3.
If completed as proposed in the application, the development will not comply with one (1) or more requirements of this regulation.
B.
If the Planning and Zoning Commission concludes that the application fails to comply with one (1) or more requirements of this regulation, the Planning and Zoning Commission shall recommend that the application be tabled or denied. If the Commission concludes that all such requirements are met, it shall recommend to the Board of Aldermen that the application be approved.
C.
Even if the Planning and Zoning Commission finds that the application complies with all other provisions of this regulation, it may still recommend denial of the permit if it concludes, based upon the information submitted at the meeting, that if completed as proposed, the development, more probably than not:
D.
After the Planning and Zoning Commission has reviewed the application, it shall file a report with the Board of Aldermen in which the Commission shall outline its findings and recommend to the Board of Aldermen whether each application for a conditional use permit be granted or denied and state the reasons therefore.
E.
If the Commission makes no report within sixty (60) days of the meeting at which the Commission reviewed the conditional use permit application, it shall be considered to have made a report approving the proposed conditional use permit.
Section 406.033 Board of Aldermen Review of and Public Hearing on Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
An application for a conditional use permit shall be submitted to the Planning and Zoning Commission for action in accordance with this Chapter before being presented to the Board of Aldermen. The Board of Aldermen may not hold a public hearing on a conditional use permit application until the Planning and Zoning Commission has had an opportunity to consider the application pursuant to standard agenda procedures. In addition, at the request of the Planning and Zoning Commission, the Board of Aldermen may continue the public hearing to allow the Planning and Zoning Commission more time to consider or reconsider the application.
Section 406.035 Board of Aldermen Action on Conditional Use Permit Applications.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
During the regularly scheduled meeting of the Board, a vote will be taken on whether to approve or deny the applicant's conditional use permit. In considering whether to approve an application for a conditional use permit, the Board of Aldermen shall proceed according to the following format:
B.
If the Board of Aldermen concludes that the application fails to comply with one (1) or more requirements of this regulation, the application shall be denied. If the Board of Aldermen concludes that all such requirements are met, it shall approve the permit. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.
C.
Any additional conditions or requirements approved by the Board of Aldermen shall be entered upon the approval of the permit.
D.
If the Board of Aldermen does not take final action on the proposed conditional use permit within one hundred twenty (120) days after the public hearing on the proposed permit, the permit shall be deemed denied.
Section 406.037 Protests to Conditional Use Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
If a petition opposing an application for a conditional use permit for any property is filed in accordance with the provisions of this Section, then the proposed conditional use permit may be approved only by a favorable vote of two-thirds (2/3) of the membership of the Board of Aldermen.
B.
To trigger the two-thirds (2/3) vote requirement, the petition must:
1.
Be signed by the owners of thirty percent (30%) or more within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the property boundaries of the proposed conditional use location.
2.
Be in the form of a written petition actually bearing the signatures of the required number of property owners and stating that the signers do protest the proposed conditional use permit. In addition to the required signatures, the petition shall contain the following information for each property owner signing the petition:
Section 406.039 Reconsideration of Board Action.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Whenever the Board of Aldermen disapproves a conditional use permit application on any basis other than failure of the applicant to submit a complete application, such action may not be reconsidered by the Board of Aldermen for a period of one (1) year unless the applicant clearly demonstrates that:
1.
Circumstances affecting the property that is the subject of the application have substantially changed;
2.
New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Land Use Administrator within the time period for an appeal. However, such a request does not extend the period within which an appeal can be taken.
B.
The Board of Aldermen may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from one previously considered.
Section 406.041 Applicant Burden of Proof.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Conditional uses are land uses which are considered by the City to be desirable or convenient to the community, but which by their nature or operation have:
1.
A tendency to generate excessive traffic,
2.
A potential for attracting a large number of persons, thus creating noise or other pollutants,
3.
A detrimental effect upon the value or potential development of other properties in the neighborhood, or
4.
An extraordinary potential for accidents or danger to public health and safety.
B.
In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:
1.
The proposed conditional use complies with all applicable provisions of the district zoning regulations.
2.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public and not adversely affect adjoining properties.
3.
The location and size of the conditional use, the nature and intensity of operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations or the City's Comprehensive Plan.
4.
The applicant can demonstrate adequate provision for maintenance of the conditional use and associated structures.
5.
Adequate utility, drainage and other such necessary facilities have been or will be provided.
6.
The conditional use will not create undue traffic congestion or hazardous conflict points at points of intersection of the traveled way especially at those points where entrance drives intersect public streets. Traffic studies will be provided, at the developer's cost, to substantiate proposed traffic volume projections created by the conditional use.
7.
The proposed uses where such developments or uses are deemed consistent with good planning practice which can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential, convenient or desirable to preserve and promote the public health, safety and general welfare of the City of St. Robert.