Sullivan City Zoning Code

Subject to Section 400.843 (Sign Permits), the use made of property may not be substantially changed (see Section 400.545), substantial clearing, grading or excavation may not be commenced and buildings or other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one (1) of the following permits:

Zoning permits, conditional use permits and sign permits are issued under these regulations only when a review of the application submitted, including any plans contained therein, indicates that the development will comply with these regulations if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued and except as otherwise provided in Section 400.295, all development shall occur strictly in accordance with such approved plans and applications.

Physical improvements to land to be subdivided may not be commenced except in accordance with the conditional use permit issued by the Board of Aldermen for major subdivisions or after final plat approval by the Administrator for minor subdivisions (see Part 2 of this Article).

A zoning permit, conditional use permit or sign permit 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. All such permits shall be issued with respect to tracts of land in excess of three (3) acres (except sign permits and zoning permits for single-family and two-family residential uses) shall be recorded in the County Office of the Recorder of Deeds in which the land lies after execution by the record owner as provided in Section 400.290.

Issuance of a conditional use permit or zoning permit authorizes the recipient to commence the activity resulting in a change in the use of the land (subject to obtaining a building permit) to commence work designed to construct, erect, move or substantially alter buildings and other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Sections 400.245, 400.280 and 400.285, the intended use may not be commenced, no building may be occupied and in the case of subdivisions, no lots may be sold until all of the requirements of these regulations and all additional requirements imposed pursuant to the issuance of a conditional use permit have been complied with.

No zoning permit, conditional use permit or sign permit shall be issued to any applicant while said applicant is in violation of any of the provisions of these regulations, unless permission therefore is specifically granted by the permit issuing authority. The only exception to this provision shall be for permits specifically intended to remedy said violation(s).

Applications for zoning, conditional use or sign permits or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property or their agents or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under these regulations or the agents of such persons (who may make application in the name of such owners, lessees or contract vendees).

The Administrator may require an applicant to submit evidence of his/her authority to submit the application in accordance with Subsection (A) whenever there appears to be a reasonable basis for questioning this authority.

All applications for zoning permits, conditional use permits and sign permits must be complete before the permit issuing authority is required to consider the application.

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 these regulations and all fees are paid in full.

In these regulations, detailed or technical design requirements and construction specifications relating to various type of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to these regulations. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these requirements, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in the light of the substantive requirement set forth in this text of these regulations. However, whenever these regulations require a certain element of a development to be constructed in accordance with the detailed requirements set forth in one (1) or more Sections, then no construction work on such element may be commenced until detailed construction drawings have been submitted and approved by the Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval or other penalty as provided in Article VII.

The presumption established by these regulations is that all of the information set forth herein 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, the applicant may rely on the recommendations of the Administrator as to whether more or less information than that set forth in Appendix A to this Chapter should be submitted.

The Administrator shall make every effort to develop application forms, instructional sheets, 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. In classes of cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with these regulations, such as applications for zoning permits, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

To minimize development planning costs, avoid misunderstanding or misinterpretation and to ensure compliance with the requirements of these regulations, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this Section.

Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the Administrator a sketch plan of such subdivision drawn approximately to scale. The sketch plan shall contain:

Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of these regulations to the proposed development.

Upon receipt of a formal application for a zoning, conditional use permit or for subdivision plat approval, the planning staff shall review the application and confer, as needed, with the applicant to ensure that he/she understands the planning staff's interpretation of the applicable requirements of these regulations, that he/she has submitted all of the information that he/she intends to submit and that the application represents precisely and completely what he/she proposes to do.

If the application is for a conditional use permit, the Administrator shall place the application on the agenda of the Planning and Zoning Commission when the applicant indicates that his/her application is as complete as he/she intends to make it. However, as provided in Sections 400.240 and 400.263, if the Administrator believes that the application is incomplete, he/she shall recommend to the Planning and Zoning Commission that the application be denied on that basis.

A completed application form for a zoning permit shall be submitted to the Administrator by filing a copy of the application with the Administrator. The application may be combined with other applications such as building permit or merchant's license so long as all pertinent information is contained within.

The Administrator shall issue the zoning permit unless he/she finds, after reviewing the application and consulting with the applicant as provided for in Section 400.230, that:

If the Administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he/she shall, at least ten (10) days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within one hundred eighty-five (185) feet of the lot that is the subject of the application, informing them that:

Notwithstanding the provisions of paragraphs (B) and (C) above, any conditional use permit request involving a major subdivision with public improvements will be forwarded to the Board of Aldermen following a recommendation received from the Commission. The Commission will conduct its hearings the same as any conditional use permit request, using the same criteria, but instead of rendering a decision would forward a recommendation to the Aldermen.

An application for a conditional use permit shall be submitted to the Planning and Zoning Commission by filing a copy of the application with the Administrator.

Subject to Subsection (C), the Planning and Zoning Commission shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:

Even if the Planning and Zoning Commission finds that the application complies with all other provisions of these regulations, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

The burden of presenting a complete application (which shall be complete as described in Section 400.255) to the permit issuing authority shall be upon the applicant. However, unless the Planning and Zoning Commission informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.

Once a completed application has been submitted, the burden of presenting evidence to the permit issuing authority sufficient to lead it to conclude that the application should be denied for any reasons stated in Section 400.250(B)(1), 400.250(B)(3) or 400.250(C) shall be upon the party or parties urging this position, unless the information presented by the applicant in his/her application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of these regulations remains at all times with the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Section 400.250(C)(4) rests on the party or parties urging that the requested permit should be denied.

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 400.225 and other requirements of these regulations, as well as any staff recommendations for additional requirements to be imposed by the Planning and Zoning Commission. If the planning staff report proposes a finding or conclusion that the application fails to comply with Section 400.225 or any other requirement of these regulations, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

The Planning and Zoning Commission shall consider the application and the attached staff report in a timely fashion and may in its discretion hear from the applicant or members of the public.

In considering whether to approve an application for a conditional use permit, the Planning and Zoning Commission shall proceed according to the following format:

Subject to Subsection (B), in granting a conditional use permit, the Planning and Zoning Commission, respectively, may attach to the permit such reasonable requirements in addition to those specified in these regulations as will ensure that the development in its proposed location:

The Planning and Zoning Commission may not attach additional conditions that modify or alter the specific requirements set forth in these regulations unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements. By way of example, a proposed major subdivision contains a proposal for streets which meet the street width requirements contained in these regulations. However, based on the public hearing testimony the lot configuration and design is such that it is unreasonable to believe adequate off-street parking can be accomplished, wider street widths may be required to insure adequate passage of emergency vehicles if on-street parking is an expected normal situation.

Without limiting the foregoing, the Planning and Zoning Commission may attach to a permit a condition limiting the permit to a specified duration.

All additional conditions or requirements shall be entered on the permit.

All additional conditions or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of these regulations.

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Section 400.250(B) or (C).

In cases when, because of weather conditions or other factors beyond the control of the conditional use permit recipient (exclusive of financial hardship), it would be unreasonable to require the permit recipient to comply with all of the requirements of these regulations prior to the commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the Planning and Zoning Commission may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of these regulations are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Planning and Zoning Commission to ensure that all of the requirements of these regulations will be fulfilled within a reasonable period (not to exceed twenty-four (24) months).

When the Planning and Zoning Commission imposes additional requirements upon the permit recipient in accordance with Section 400.275 or when the developer proposes in the plans submitted to install amenities beyond those required by these regulations, the Planning and Zoning Commission may authorize the permittee to commence the intended use of the property or to occupy any building or sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one (1) or more of the following:

With respect to subdivisions in which the developer is selling only undeveloped lots, the Board of Aldermen may authorize final plat approval and the sale of lots before all the requirements of these regulations are fulfilled if the subdivider provides a performance bond or other security satisfactory to the Board of Aldermen to ensure that all of these requirements will be fulfilled within not more than twenty-four (24) months after final plat approval.

If a development is constructed in phases or stages in accordance with this Section, then, subject to Subsection (C), the provisions of Section 400.215 (No Occupancy, Use or Sale of Lots Until Requirements Fulfilled) and Section 400.280 (exceptions to Section 400.215) shall apply to each phase or stage as if it were the entire development.

As a prerequisite to taking advantage of the provisions of Subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of these regulations that will be satisfied with respect to each phase or stage.

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development, then, as part of his/her application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:

Zoning, conditional use and sign permits shall expire automatically if, within one (1) year after the issuance of such permits:

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. However, expiration of the permit shall not affect the provisions of Section 400.295.

The permit issuing authority 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:

For purposes of this Section, the permit within the jurisdiction of the Planning and Zoning Commission is issued when such Planning and Zoning Commission votes to approve the application and issue the permit. A permit within the jurisdiction of the Administrator is issued when the earlier of the following takes place:

Notwithstanding any of the provisions of Article VIII (Non-Conforming Situations), this Section shall be applicable to permits issued prior to the date this Section becomes effective.

Zoning, conditional use and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

Whenever a zoning or conditional use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land in excess of one (1) acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued.

Insignificant deviations from the permit (including approved plans) approved or issued by the Planning and Zoning Commission or the Administrator are permissible and the Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public or those intended to occupy or use the proposed development.

Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit issuing authority. 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.

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Planning and Zoning Commission, new conditions may be imposed in accordance with Section 400.275, but the applicant retains the right to reject such additional conditions by withdrawing his/her request for amendment and may then proceed in accordance with the previously issued permit.

The Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (A), (B) and (C).

A developer requesting approval of changes shall submit a written request for such approval to the Administrator and that request shall identify the changes. Approval of all changes must be given in writing.

The following words, when used in this Section, shall have the meanings set out herein:

Whenever the public necessity, convenience and general welfare require or whenever it shall be deemed necessary or expedient by the Board of Aldermen, and recommended by the Planning and Zoning Commission, the Board of Aldermen may, subject to the procedures provided in this Section, vacate all or any part of any public easement, right-of-way, street, alley, public road, highway, public square, public park or alley dedicated or conveyed to the City, or title to which or authority over which was vested in the City by operation of law. The City shall provide an application for a request.

A petition for vacation shall be on forms approved by the City of Sullivan and addressed to the Planning and Zoning Commission, together with a filing fee in the amount as set out in Section 160.090, with the City Clerk. Each petition shall include:

Notice of the proposed vacation shall be given to all interested parties at least thirty (30) days before the Planning and Zoning Commission shall act upon the petition or resolution. The responsibility for the service of all notices to interested persons and publication is upon the City of Sullivan. An interested party may in writing waive notice or affirmatively consent to the proposed vacation. Interested parties shall have the ability to file a consent or objection to the vacation in writing with the City Clerk at any time prior to the Planning and Zoning or Board of Aldermen acting upon the proposed vacation.

The Board of Aldermen may, whenever deemed necessary or expedient, by ordinance vacate all or any part of any public easement, right-of-way, street, alley, public road, highway, public square, public park or alley dedicated or conveyed to the City with such conditions and restrictions as it may deem for the public good. The determination of the vacation of all or any part of any public easement, right-of-way, street, alley, public road, highway, public square, public park or alley dedicated or conveyed to the City shall be determined by the Board of Aldermen within its discretion under Section 88.673, RSMo.

The City of Sullivan does reserve a utility easement on the entire tract of ground for maintenance, installation, construction, repair and relocation of utilities, including, but not limited to, water, sewer, electric and drainage as are now or may be in the future. In conjunction with the retention of said utility easements, no permanent structures shall be placed on said easements.

Whenever:

Notwithstanding Subsection (A), the Planning and Zoning Commission or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs some substantial way from the one previously considered.

No person may subdivide his/her land except in accordance with all of the provisions of these regulations. In particular, no person may subdivide his/her land unless and until a final plat of the subdivision has been approved in accordance with the provisions of Section 400.360 or Section 400.363 and recorded in the County Recorder of Deeds office.

The County Recorder of Deeds may not record a plat of any subdivision within the City's jurisdiction unless the plat has been approved in accordance with the provisions of these regulations.

The Commission shall approve or disapprove minor subdivision plats in accordance with the provisions of this Section.

The applicant for minor subdivision plat approval, before complying with Subsection (C), shall submit a sketch plan to the planning staff for a determination of whether the approval process authorized by this Section can be and should be utilized. The planning staff may require the applicant to submit whatever information is necessary to make this determination including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from the tract of land within the previous five (5) years.

Applicants for minor subdivision approval shall submit, after the completion of (B) above, to the Administrator a copy of a plat conforming to the requirements set forth in Section 400.363(B) and (C) (as well as eleven (11) prints of such plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required in Section 400.365:

The Administrator shall take expeditious action on an application for minor subdivision plat approval as provided in Section 400.310. However, either the Administrator or the applicant may at any time refer the application to the major subdivision approval process.

Not more than a total of four (4) lots may be created out of one (1) tract not previously subdivided using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time.

Subject to Subsection (D), the Commission shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section 400.075 or the application or the proposed subdivision fails to comply with Subsection (E) or any other applicable requirement of these regulations.

If the subdivision is disapproved, the Commission shall promptly furnish the applicant with a written statement of the reasons for disapproval.

Approval of any plat is contingent upon the plat being recorded within ten (10) days after the date of approval by the Board of Aldermen.

The Board of Aldermen shall approve or disapprove major subdivision final plats in accordance with the provisions of this Section.

The applicant for major subdivision plat approval shall submit to the Administrator a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the County Recorder of Deeds office for recording purposes and having dimensions as follows: either eighteen (18) inches by twenty-four (24) inches or twenty-four (24) inches by thirty-six (36) inches. When more than one (1) sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one (1) inch equals not more than one hundred (100) feet. The applicant shall also submit three (3) prints of the plat.

In addition to the appropriate endorsements as provided in Section 400.365, the final plat shall contain all of the following information:

The Board of Aldermen shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one (1) or more of the requirements of these regulations or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional use permit that authorized the development of the subdivision.

If the final plat is disapproved by the Board of Aldermen, the applicant shall be furnished with a written statement of the reasons for the disapproval.

Approval of a final plat is contingent upon the plat being recorded within ten (10) days after the approval by the Aldermen.

All major subdivision plats shall contain the endorsements listed in Subsections (1), (2) and (3) herein. The endorsement listed in Subsection (4) shall appear on plats of major subdivisions dedicating public streets.

Whenever (pursuant to Section 400.280) occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the performance bond or the surety that is posted pursuant to Section 400.280 shall guarantee that any defects in such improvements or facilities that appear within two (2) years after the dedication of such facilities or improvements is accepted shall be corrected by the developer.

Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he/she will correct all defects in such facilities or improvements that occur within one (1) year after the offer of dedication of such facilities or improvements is accepted.

An engineer retained by the developer shall certify to the City that all facilities and improvements to be dedicated to the City have been constructed in accordance with the requirements of these regulations. This certification shall be a condition precedent to acceptance by the City of the offer of dedication of such facilities or improvements.

For purposes of this Section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the City to make repairs in such facilities over and above the normal amount of maintenance that they would require. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of these regulations.