Warsaw City Zoning Code
§ 405.020
Common Development Review Procedures.
[Ord. No. 211 § 2, 12-21-2015; Ord. No. 527, 12-26-2023]
A.
Purpose And Organization.
1.
Procedural requirements. This Section describes the procedures for review of all applications for land use and development activity in Warsaw.
a.
Section 405.020(A)(2), Table of Procedures, includes a summary table listing the land use and development procedures in this Code.
b.
Section 405.020, Common Development Review Procedures, Subsections (B) through (J), describe standard procedures that are applicable to all or most types of specific applications based on the following review steps:
(1)
Preapplication meeting.
(2)
Neighborhood meeting.
(3)
Application submissions, content and fees.
(4)
Complete application and staff review.
(5)
Public notice requirements.
(6)
Action by review and decisionmaking authorities.
(7)
Appeals.
2.
Table of procedures. Section 405.030, Specific Procedures and Approval Criteria, Subsections (A) through (O), include additional provisions unique to each type of application, such as public hearing requirements and approval criteria. The specific procedures work in conjunction with the common procedures. The following procedures are included:
Table 405.020-1 Specific Procedures | |
|---|---|
Section | Application Type |
405.030(B) | Comprehensive Plan amendment |
405.030(C) | Rezoning (Zoning Map amendment) |
405.030(D) | Unified Development Code amendment (text amendment) |
405.030(E) | Conditional use permit |
405.030(F) | Site plan |
405.030(G) | Planned development |
405.030(H) | Alternative compliance |
405.030(I) | Major subdivision |
405.030(J) | Minor subdivision |
405.030(K) | Variance |
405.030(L) | Appeal |
405.030(M) | Minor modification |
405.030(N) | Grading permit |
405.030(O) | Drainage permit |
3.
Administrative Manual for additional materials. The Director may compile the requirements for application contents, forms, fees, submission materials, and review schedule in an Administrative Manual, which shall be made available to the public. The Director may amend and update the Administrative Manual from time-to-time.
B.
Preapplication Meeting.
1.
Purpose. The purpose of the preapplication meeting is to provide an opportunity for the applicant and the City to discuss the development concept prior to the application submission for a project in order to:
a.
Determine the required application(s) and, if necessary, the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially);
b.
Provide the applicant with application materials and inform the applicant of submittal requirements;
c.
Provide the applicant with an estimated time frame for the review process;
d.
Discuss generally compliance with the Code's zoning, use, density, development, and design standards, and attempt to identify potentially significant issues regarding compliance;
e.
Discuss the need for any neighborhood meetings and public notice requirements; and
f.
Refer the applicant to other departments or agencies to discuss potential significant issues prior to application submittal.
2.
Applicability.
a.
Preapplication meeting recommended. A preapplication meeting is recommended prior to submitting most development applications. The preapplication meeting is designed to help the applicant understand the Warsaw development approval process.
b.
Record of preapplication conference. The City is not responsible for making or keeping a summary of the topics discussed at the preapplication conference.
C.
Neighborhood Meeting.
1.
Purpose and intent. The purpose of the neighborhood meeting is for applicants to educate residents, occupants, and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible. The intent is to have applicants take primary responsibility for the neighborhood meetings.
2.
Applicability.
a.
A neighborhood meeting is required for the following applications: Comprehensive Plan amendments, rezonings, planned developments, and major subdivisions.
b.
The Director may require a neighborhood meeting for any application type if the Director determines the application may have significant adverse neighborhood impacts, including but not limited to traffic, noise, visual, or environmental impacts, or where substantial objections have been raised by neighbors. To the maximum extent practicable, the Director shall determine the necessity for a neighborhood meeting at the preapplication meeting.
c.
If either the Planning and Zoning Commission or Board of Aldermen find that the circumstances of an application justify a neighborhood meeting where a neighborhood meeting was not previously scheduled, or that an additional meeting is necessary as the application process is underway, they may continue the application and instruct the applicant to schedule a meeting following the procedure established in this Section.
3.
Procedure. If a neighborhood meeting is held by the applicant, it shall be held at the applicant's expense and comply with the following procedures:
a.
Time and place. The neighborhood meeting shall be held at a place that is convenient and generally accessible to neighbors that reside in proximity to the land subject to the application. It shall be scheduled after 5:00 P.M. on a weekday unless the Director specifies another time that is more convenient under the circumstances.
b.
Notification.
(1)
The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar days in advance of the meeting by mail to:
(a)
All owners and occupants within two hundred (200) feet of the land subject to the application;
(b)
Any neighborhood organization registered with the City of Warsaw within such two-hundred-foot radius; and
(c)
Board of Aldermen or Planning and Zoning Commission, when the neighborhood meeting is required by either of those review boards as described in Subsection (C)(2)(c), above.
(2)
The notification shall State the time and place of the meeting, contain a vicinity map and short description of the project, and State the purpose of the meeting.
c.
Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application, answer any questions, and respond to concerns neighbors have about the application and proposed ways to resolve conflicts.
d.
Staff attendance. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. The meeting shall be held prior to submittal of the subject development application. Attendance at the neighborhood meeting by City planning staff is not required, unless deemed necessary by the Director.
e.
Written summary of neighborhood meeting. The applicant shall provide the Director a written summary or transcript of the neighborhood meeting within ten (10) business days of its conclusion or with the completed application, whichever is sooner. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate. The written summary of the neighborhood meeting shall be included with the application materials and be made available to the public for inspection.
f.
Response to summary. Any person in attendance at the neighborhood meeting, within five (5) calendar days after the meeting summary has been made public, may submit a written response stating his or her understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information deemed appropriate. All written responses to a summary of the neighborhood meeting shall be included with the application materials and be made available for public inspection.
4.
Failure to hold meeting. If an applicant fails to hold a neighborhood meeting or does not demonstrate a reasonable effort was made in the notification of such meeting, such failure shall not stop or delay the review process or create a legal cause of action. However, such omission may be just cause for denial of the application.
D.
Application Submission, Content And Fees.
1.
Form of application.
a.
Application submittal requirements, contents and fees shall be established in the individual application forms provided by the City.
b.
In addition to the information required by the application form, the Director may require applicants for rezoning, conditional use permit, preliminary or final development plan, or preliminary plat to submit any technical studies that the Director deems necessary to enable the Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment to fully evaluate the application. Examples of technical studies include, but are not limited to: traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric (lighting) studies, or surface water management/drainage studies.
2.
Authority to file application. The person having legal authority to take action according to the approval sought shall file an application for development review or approval under this Code. The person is presumed to be the record owner, purchaser under a sale or option to purchase, or the duly authorized agent of the record owner. Agents may only submit applications where the owner indicates consent in writing, a copy of which consent shall be submitted with the application.
3.
Where to file applications. All applications required by this Section shall be submitted to the City offices unless otherwise specified.
4.
Contact person designation.
a.
The applicant shall designate one (1) person on the application as the primary contact person who will be responsible for all notification, including meeting dates, deadlines and requirements. The City will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.
b.
The applicant shall notify the Director in writing if there is to be a change in the contact person. The Director will continue to communicate with the designated contact person until the notice of change has been received.
5.
Concurrent applications. Where an applicant seeks approval of two (2) different requests for the same parcel simultaneously, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.
6.
Application content and fees.
a.
Application contents: general. The Director is authorized to establish submittal requirements for all land use development applications required by this Section and to update and amend such requirements as necessary to ensure effective and efficient City review. Applicants shall refer to the individual application forms for submittal requirements for each type of land use development application. The applicant shall provide any additional information, documents, or other material relevant to the application that the Director reasonably believes is necessary in order for the City to evaluate, analyze and understand the subject matter of the application.
b.
Submittal waivers pursuant to preapplication meetings. At or following a preapplication meeting, the Director may waive certain submittal requirements set forth in the application form, except for fees, in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirements where the Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development or subdivision clearly justify such waiver. This discretion may only be exercised if a preapplication meeting is held.
c.
Fees. Nonrefundable fees are required at the time of the filing of any development application and are payable to the City in accordance with the fee schedules adopted by City ordinance. The City may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the City for the purposes of reviewing the application and advising City officials and agencies with respect thereto. The Director will notify the applicant prior to retaining any such consultant.
d.
Authorization and payment required. The City shall adopt and amend from time to time a fee schedule setting forth an assessment of fees to defray the cost of processing land development applications under this Section. At the time of submittal, all applications shall include payment of the processing fee, as well as any review fees charged by agencies which the City has agreed to collect.
e.
No required fees for City-initiated applications. No fee shall be required for land development applications initiated by the City.
E.
Complete Application And Staff Review.
1.
Complete application required for processing. All application submissions must be complete prior to any processing by the City of Warsaw. A complete application includes all of the submittal information identified on the application form and any items or exhibits requested by the Director that are consistent with the standards and requirements of this Code. A complete application is also accompanied by the applicable fee. Incomplete applications shall be denied.
2.
Official submission. An application shall be officially submitted when it is presented to the Director, either through hand submitted copy of the application, or electronically submitted copy of the application filed pursuant to instructions for electronic filing identified on the City of Warsaw webpage or portal at such time as the City makes this technology available, filed on a business day during normal office hours.
3.
Determination of completeness. The City's acceptance of an application for completeness review does not bind the City to accept an incomplete application.
a.
Completeness determination. Staff shall determine whether an application is complete no later than ten (10) calendar days after the official submission of the application.
(1)
Staff shall make its determination of an incomplete application in writing. An e-mail to the applicant or comment in the City's permit on-line tracking system, if one is established, shall be considered a determination in writing.
(2)
Notice occurs upon dispatch or publication, not upon receipt.
(3)
The determination shall identify the documents, studies, or other information needed to make the application complete.
b.
Incomplete applications rejected. An incomplete application shall not be processed by the City. The City may retain the application fee paid for any submitted application. Following notice of an incomplete application, the applicant shall have thirty (30) days to submit the information required to make the application complete or the application shall be deemed rejected. After thirty (30) days the City shall require that any additional or further requests by the applicant be accompanied by a new application and fee.
4.
Staff review.
a.
Review by other departments and divisions.
(1)
In addition to internal review, staff may distribute the complete application to other City departments and divisions and to any other appropriate governmental or quasi-governmental agencies and bodies to solicit comments and ensure that the proposal complies with all applicable standards, requirements and review criteria. The applicant shall be responsible for submitting any additional information or revised plans required by staff or the referral agencies in a timely manner. As applicable, the review and decisionmaking bodies shall consider the services and facilities provided by the referral agencies as a factor in approval of the complete application. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the application shall be provided to the review and decisionmaking bodies as a part of any referral response.
(2)
Referral agencies shall comment in writing after receiving a complete application. The failure of any agency to respond shall be considered no comment on the application by that agency. As applicable, referring agencies will provide the review and decisionmaking bodies with a summary of any capacity evaluation study that assesses the availability of City-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.
b.
Subsequent requests for information. Staff and referral agencies shall use best efforts to identify all major issues and to request additional information, data, or reports from the applicant during the review period described above. This provision shall not be interpreted to preclude staff or referral agencies from requesting revisions or corrections to previously submitted materials if such materials are subsequently found to be inaccurate, incomplete, or if subsequent plan revisions do not comply with this Section.
F.
Public Notice Requirements. Applications for development approval shall comply with the Missouri Statutes and the provisions of this Section with regard to public notification.
1.
General notice requirements and timing of notice.
a.
Unless otherwise stated in this Code, notice for all public hearings shall be given pursuant to this Section. Notice may be written (mailed), published or posted as further described in this Section. Agenda notice shall be posted and published on the City's website a minimum of seventy-two (72) hours prior to a meeting.
b.
Table 405.020-2 sets forth the specific notice requirements for applications requiring any type of notification.
Table 405.020-2 Notice Requirements | |||||
|---|---|---|---|---|---|
Procedure | Section | Type of Notice Required | |||
Publish | Written/ Mailed | Posted | Agenda | ||
Comprehensive Plan amendment | 405.030(B) | ♦ | ♦ | ♦ | |
Rezoning (Zoning Map amendment) | 405.030(C) | ♦ | ♦ | ♦ | ♦ |
Unified Development Code amendment (text amendment) | 405.030(D) | ♦ | ♦ | ||
Conditional use permit | 405.030(E) | ♦ | ♦ | ♦ | |
Site plan | 405.030(F) | ||||
Planned development | 405.030(G) | ♦ | ♦ | ♦ | ♦ |
Alternative compliance | 405.030(H) | ||||
Major subdivision | 405.030(I) | ♦ | ♦ | ||
Minor subdivision | 405.030(J) | ||||
Variance | 405.030(K) | ♦ | ♦ | ♦ | |
Appeal | 405.030(L) | ♦ | ♦ | ||
Minor modification | 405.030(M) | ||||
Grading permit | 405.030(N) | ||||
Drainage permit | 405.030(O) | ||||
2.
Content. Notices, whether by publication or written, shall at a minimum:
a.
Identify the address or location of the property subject to the application and the name, address and telephone number of the applicant or the applicant's agent;
b.
Specify the date, time and place of the public hearing;
c.
Describe the nature, scope and purpose of the application or proposal;
d.
Notify the public where to view the application; and
e.
Include a statement that the public may appear at the public hearing or be heard, if any, and submit evidence and written comments with respect to the application.
3.
Published notice. When the provisions of this Code require that notice be published, the City shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the City. The content and form of the published notice shall be consistent with Section 405.020(F)(2), Content, above and the requirements of Missouri Statutes. Unless otherwise specified in the specific procedure section, published notice shall be provided before the 15th day before the date of the hearing.
4.
Written (mailed) notice.
a.
When the provisions of this Code require that written or mailed notice be provided, the Director shall be responsible for preparing and mailing notice to specific property owners of their opportunity to be heard.
(1)
Written notice shall be sent via regular mail notice at least fifteen (15) days prior to the date of the hearing.
(2)
Written notice of the public hearing on the application shall be provided to the owner of the property for which the approval is sought and all property owners within one hundred eighty-five (185) feet of the subject property.
(3)
In cases of an application where a protest petition may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district to be changed shall have the opportunity to submit a protest petition.
b.
Written notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice shall not be required where the application is not decided at the initial public hearing unless otherwise directed by the City.
c.
If the hearing is deferred or continued at the applicant's request, the applicant shall be responsible for paying any additional fees for the purposes of renotifying adjacent property owners.
5.
Posted notice.
a.
For applications where posted notice is required, it shall be posted on the property and maintained for at least fifteen (15) days prior to the date of the public hearing.
b.
Any posted notice shall be a minimum of twenty-four (24) inches by thirty-six (36) inches and printed so that the following information is visible from a distance of one hundred (100) feet from a public street or right-of-way:
(1)
Current zoning classification;
(2)
Proposed zoning classification/use;
(3)
Proposed type of development review (e.g., rezoning, subdivision, variances); and
(4)
Date and time of the hearing.
c.
Projects abutting more than one (1) right-of-way may be required to post additional notices.
6.
Constructive notice.
a.
Minor defects.
(1)
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
(2)
Failure of a party to receive written notice shall not invalidate subsequent action.
(3)
In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed.
(4)
If questions arise at a review hearing regarding the adequacy of notice, the decisionmaking authority shall direct the Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decisionmaking authority prior to final action on the request.
b.
Presumption of notice. When the City records of publication, mailing and posting of notices as required by this Section, it shall be presumed that notice of a public hearing was given as required by this Section.
G.
Action By Review And Decisionmaking Authorities.
1.
Recommendations by review authority.
a.
The proper review authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. The review authority shall evaluate the application, referral comments, staff report, and public testimony, if any, and make a recommendation to the decisionmaking authority to approve, approve with conditions, continue for additional information or for further study, or deny the application.
b.
The review authority's actions shall be based on the evidence presented and compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
2.
Review and action by decisionmaking authority.
a.
The proper decisionmaking authority (Director, Planning and Zoning Commission, Board of Aldermen, or Board of Adjustment) is established for each type of procedure in the specific review procedures. A decisionmaking authority may take action on an application or appeal by approving, approving with conditions, continuing, or remanding for additional information or for further study, or denying the application or appeal.
b.
In taking action, the decisionmaking authority shall evaluate the application, referral comments, staff report, public testimony, if any, and the review authority's recommendation. All final decision actions shall be based on the application or appeal's compliance with the general review criteria identified in Section 405.020(G)(7), below, and the specific review criteria for each application as identified in Section 405.030(B) through (N).
3.
Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting. The applicant shall submit in writing the withdrawal request to the Director, and after such withdrawal, the City will not take further action on the application. The application shall be considered terminated, and no rights shall vest based on the application. To reinitiate review, the applicant may resubmit the application; in all respects it shall be treated as a new application for purposes of review, scheduling, and payment of application fees. Withdrawal of an application from a public hearing or meeting agenda is at the review or decisionmaking authority's discretion.
4.
Continuation of public hearings. The review or decisionmaking authority may continue the public hearing for its consideration of the application for a definite time not to exceed sixty (60) days, unless a longer period is agreed to by the applicant in writing or at a public hearing. The continuance may be granted by the review or decisionmaking authority on its own initiative or at the request of the applicant or affected property owners. A review or decisionmaking body may also deny a request for continuation.
5.
Written findings of fact.
a.
Unless otherwise specifically required by this Code or other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, in that case, the decision shall not be final until the findings are adopted.
b.
Where an appeal of any quasi-judicial decision has been filed with the Circuit Court of Benton County, in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City and thereafter shall be certified by the Circuit Court as part of the administrative record. The forty-five-day time period for adoption and certification of findings may be extended with the permission of the court.
6.
Conditions of approval.
a.
The review or decisionmaking authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of this Code. Conditions and additional information requirements shall be in written form and attached to the approved plan, plat, or permit.
b.
Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development and shall be based upon the review criteria specified in each procedure's adopted standards.
c.
The decisionmaking authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified in the approval or in the specific provisions of this Code, then a one-year time limit shall apply.
d.
The decisionmaking authority may require financial guaranties, as identified in Section 405.030, from the applicant where it finds such guaranties are necessary to ensure compliance with conditions of approval and to protect the public health, safety, or welfare. The City shall release such guaranties when the Director has determined that all conditions attached to the approval have been or will be satisfied.
e.
Conditions of approval shall be met or financial guaranties provided prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City.
7.
Generally applicable review criteria. Unless otherwise specified in this Section or the specific procedure, City review and decisionmaking bodies shall review all development applications submitted pursuant to this Section for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application. In case of conflict between the general review criteria set forth in this Section and the specific review criteria, the specific review criteria shall apply. A development application must be in compliance with these review criteria prior to the issuance of a certificate of occupancy or the appropriate final permit required by the City unless otherwise provided for in the development approval.
a.
Consistent with prior approvals. Where a preliminary plan or plat was submitted and approved, a subsequent application for the same development shall be consistent with the terms and conditions of such prior preliminary plan or plat approval for the project including, without limitation, an approved phasing plan for development and installation of public improvements and amenities.
b.
Consistent with Comprehensive Plan. The proposal is consistent with the City of Warsaw Comprehensive Plan and any applicable subarea, neighborhood, sector or district plan. The decisionmaking authority shall weigh competing plan goals, policies and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies or strategies in the Warsaw Comprehensive Plan or other applicable plans.
c.
Compliance with use and development standards. The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards and all other applicable substantive standards stated in this Code or other applicable City code. Such compliance shall be applied at the level of detail required for the subject submittal and those standards which are not otherwise modified, varied or waived as allowed by this Code.
d.
Compliance with other applicable regulations. As applicable, prior to final approval of the proposed development pursuant to this Code, the proposed development complies with all other City regulations and with all applicable regulations, standards, requirements or plans of the Federal or State governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control and wastewater regulations.
e.
Minimizes adverse environmental impacts. The proposed development meets or exceeds all environmental protection standards in this Code, is designed to minimize negative impacts, and does not cause significant adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, native vegetation and the natural functioning of the environment.
f.
Minimizes adverse impacts on surrounding property. The proposed development meets or exceeds all neighborhood protection standards in this Code and all other site development standards intended at least in part to protect the existing character of neighboring properties and uses and does not cause significant adverse impacts on surrounding properties.
g.
Minimizes adverse fiscal or economic impacts. The proposed use will not result in significant adverse fiscal or economic impacts on the community or the City.
h.
Compliance with utility, service and improvement standards. As applicable, the proposed development complies with Federal, State, county and/or service district standards and design/construction specifications for roads, access, drainage, water, sewer, schools and emergency/fire protection.
i.
Provides adequate road systems. There is adequate road capacity available to serve the proposed use, and the proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety and EMS services.
j.
Provides adequate public services and facilities. There will be capacity to provide adequate public services and facilities to accommodate uses permitted under the proposed development at the time such needs or demands arise while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, libraries and vehicle/pedestrian connections and access within the site and to adjacent properties.
k.
Rational phasing plan. As applicable, the proposed phasing plan for development of the project is rational in terms of available infrastructure capacity. In addition, each phase of the development shall contain all of the required streets, utilities, landscaping, open space and other improvements that are necessary and desirable for the residents and users of that phase and shall not be dependent upon subsequent phases for those improvements.
H.
Appeals.
1.
Procedures. Appeal procedures depend on the type of application and the appropriate review and decisionmaking authority. The applicant should consult with the specific provisions of this Code for requirements. This Section refers only to appeals to be heard by a City decisionmaking authority. Certain decisions that may be appealed by State law to a court are not covered by this Section.
a.
Board of Adjustment. Most appeals of administrative determinations shall be made to the Board of Adjustment as provided in Section 405.030(L).
b.
Planning and Zoning Commission. As identified in the specific provisions, some decisions of the Director or other departments may be appealed to the Planning and Zoning Commission by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Planning and Zoning Commission no later than thirty (30) calendar days after the notice of appeal has been filed. The Planning and Zoning Commission may hear the appeal at its regular meeting or set a special hearing date at its discretion.
c.
Board of Aldermen. As identified in the specific provisions, some decisions of the Planning and Zoning Commission or Director may be appealed to the Board of Aldermen by filing a written notice of appeal with the Director within ten (10) calendar days after the rendering of the decision by the Planning and Zoning Commission or Director. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the Board of Aldermen, no later than thirty (30) calendar days after the notice of appeal has been filed. The Board of Aldermen may hear the appeal at its regular meeting or set a special hearing date at its discretion.
d.
Board of Aldermen decisions. A decision by the Board of Aldermen may be appealed to a Missouri court of record as permitted by Missouri Statutes.
2.
Effect.
a.
Stay of proceedings. The appeal of any decision or administrative action stays all proceedings in furtherance of the decision or administrative action.
b.
Abandoned appeal. If an appeal is filed but not pursued (either withdrawn or continued at the applicant's request) for a period of ninety (90) days, the appeal shall be considered abandoned and the decision or administrative action shall be considered final.
c.
Imminent peril. Where a stay of proceedings would cause imminent peril to life or property, the official from whom the appeal is taken or the Director may certify in writing to the decisionmakers hearing the appeal that the stay would cause such harm. The stay will be lifted pending hearing on the appeal. In such case, the action may be stayed only by a restraining order granted by a decisionmaking body or court of record if due cause is shown following notice to the official or Director.
I.
Inactive Applications.
1.
Criteria. The Director may notify the applicant in writing that an application will be considered inactive unless corrective action is taken within forty-five (45) days, if at any point in a development review process the following have occurred:
a.
The applicant fails to attend any scheduled mandatory neighborhood meeting, meeting with the Director, meeting or hearing before the Planning and Zoning Commission, Board of Adjustment or Board of Aldermen; or
b.
The applicant has not responded to a staff report, has not agreed to a date for a meeting or hearing before the Planning and Zoning Commission or Board of Adjustment, has not given proper public notice as required by this Chapter, or has not taken some other affirmative step within a reasonable time frame that is within the applicant's control and is necessary to advance the application for a final determination. A reasonable time frame shall be determined by the Director taking into account average response times from similar applicants on similar applications; or
c.
The applicant fails to submit an application for the next required permit for the approved application within two (2) years.
2.
Application terminated. No further processing of such application shall occur until the deficiencies are corrected. If the applicant does not correct the deficiencies within the forty-five-day correction period, the application shall be considered automatically withdrawn and terminated. Any resubmittal of the application thereafter by the applicant will be treated as a new application for purposes of review, scheduling and payment of application fees.
J.
Actions And Limitations Following Development Approval Or Denial.
1.
Termination of approval. Approvals granted under this Code terminate if unused by the applicant after a reasonable period of time.
a.
Lapse. Except as otherwise specified in the specific procedures Sections of this Code, an approval granted under these regulations shall lapse and shall become void one (1) year following the date of final approval unless, prior to the expiration date, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion.
b.
Extension.
(1)
An approval may be extended by up to one (1) year by the body that issued the original approval. Requests for extensions of more than one (1) year must show good cause for the need for extension.
(2)
All requests for extensions shall be submitted to the Director in writing at least thirty (30) days prior to the expiration of approval. An extension request shall include payment of required fees and a written description of the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes to the Comprehensive Plan or this Code that have occurred since approval of the permit/plan as these changes affect the permit/plan, and the anticipated time schedule for completing the review project and/or the specific project. Additional review of the permit/plan may result in additional conditions.
(3)
If the extension is denied, the applicant may resubmit a new application, subject to the fees and regulations in effect at the time of resubmittal, for the same project.
2.
Limitations on successive applications.
a.
Limitations on resubmittals. No application on the same request shall be permitted within one (1) year of an application denial unless the Commission determines that extenuating circumstances exist. A notation of "denied without prejudice" on the minutes of the prior action on an application shall be evidence of the existence of extenuating circumstances and resubmission shall be permitted.
b.
Amendments.
(1)
All substantial changes, modifications, removal or release of the provisions of an approved plan or plat that do not qualify as minor modifications under Section 405.030(M) shall be considered amendments. Amendments shall include, but are not be limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Director.
(2)
For purposes of review and scheduling, proposed amendments are treated as new applications subject to the applicable procedures and review criteria set forth in this Chapter unless otherwise noted in the specific review procedures.
(3)
All approved amendments to a recorded plan or plat shall be recorded within ninety (90) days of the amendment's approval.
c.
Modification of conditional use permits. A request to modify, expand, or otherwise change an approved conditional use permit not in substantial conformance with the approved permit shall be processed according to the provisions of this Section as a new application.