§ 16-17. Construction of improvements.

(a)

Approval of plans required. The Myers' Park review procedure is in addition to the city's standard project plans review procedure.

No improvements shall be erected, placed, altered, maintained, or permitted to remain on any lot by an owner or occupant until preliminary plans have been submitted and reviewed and approved in writing by the director of engineering. Plans shall be submitted with the signature of the lot owner or occupant to the Director of Engineering, 623 E. 7th, Carthage MO 64836 and the Economic Development Director at: City of Carthage, 326 Grant, Carthage, MO. 64836.

Drawings, information, and plans shall be submitted to the director of engineering for design review and approval and shall also be responsible for review of building permit applications based on receipt of the following criteria:

(1)

Site development plan of the lot showing grading scheme, size, composition, materials, and location of all structures with respect to the lot dimensions including proposed front, rear and side setback lines, and with respect to structures on adjoining lots, and a utility plan;

(2)

Building coverage - floor area/lot area;

(3)

A landscaping plan for the lot including trash enclosure and other screening;

(4)

A plan for the location of signs and lighting;

(5)

A brief description of the use of each structure including an estimate of the number of employees;

(6)

A building elevation plan showing dimension, material, and exterior color scheme;

(7)

Parking area plan including typical stall dimension and total spaces;

(8)

Loading area detail, if any;

(9)

Interfaces with other properties;

(10)

All plans and drawings shall be in a scale no less detailed than required by the engineering department for the issuance of a building permit.

a.

Upon approval of the development or issuance of a building permit, build-out of the project shall conform to the drawings, information, and plans approved.

b.

Material changes and amendments to the drawings, information and plans shall be submitted to the engineering department for approval.

c.

Amendments shall be considered using the same standards as the initial design approval.

d.

Failure to build-out the project according to the approved drawings, information and plans or approved amendments thereto shall render the development approval or the building permit void.

(b)

Basis for approval. Approval shall be based upon the adequacy of site dimensions, adequacy of design conformity and harmony with neighboring structures (existing or future), impact of improvements on neighboring lots, proper facing of main elevation with respect to nearby streets, adequacy of screening air conditioning and the rooftop installations, and conformity with this ultimate concept development plan. Plans may be disapproved on any reasonable grounds including, but not limited to, the following:

(1)

Failure to comply with any restriction set forth herein.

(2)

Failure to comply with goals and objectives set forth in the city's current comprehensive plan.

(3)

Failure to include information in plans as required by the engineering department or these requirements.

(4)

Objection to the exterior design, the appearance of materials, or materials proposed to be employed in any structure.

(5)

Objection to the location of any proposed structure with reference to other lots or other property in the vicinity.

(6)

Objection to the grading or landscaping plan for any lot.

(7)

Failure to meet the objectives of the current development plan for the undeveloped property within the entire Myers Park area.

(8)

Objection to the number or size or layout of parking spaces.

(9)

Any other matter which, in the judgement of the director of engineering or economic development director, would render the proposed improvements or use inharmonious with the general plan for Myers Park.

(10)

(1)

The elements to avoid or minimize include:

a.

Unpainted concrete precision block walls.

b.

Square "boxlike" structures.

c.

Metal siding which dominates the main facade.

d.

Large blank, unarticulated wall surfaces.

e.

Large out of scale signs with flashy colors.

f.

Large, unlandscaped, parking lots.

(2)

Construction and appearance design standards for commercial structures.

a.

A commercial structure or development shall be designed to avoid or minimize the elements set forth in (10) (1) above.

b.

A commercial development which contains more than one (1) building should incorporate a recurring, unifying, and identifiable theme for the entire development site.

c.

A development should provide compatibility and transition within each lot.

(c)

Inaction by the department. If the engineering department fails to either approve or disapprove plans submitted to it within forty-five (45) days of receipt by the director of engineering, such plans shall be forwarded to the public works committee for review and approval. If the department gives written notice that more time is required there shall be no presumption of approval nor shall plans be forwarded to the public works committee until expiration of such reasonable period of time asset forth in the notice.

(d)

Approval. The engineering department may approve plans as submitted or as altered or amended, or it may grant its approval subject to conditions. Upon approval or conditional approval, a copy of plans and specifications with any conditions shall be deposited for permanent record with the engineering department as well as the economic development director. Copies of same will be returned to the applicant.

(e)

Proceeding with work. Upon receipt of approval from the director of engineering, the owner or occupant shall satisfy all conditions of the approval and proceed with construction of improvements following receipt of a building permit from the city. In all cases, work shall commence within one (1) year from the date the owner acquires title to the property. If work is not commenced, approval shall be deemed revoked. The director of engineering can extend this one-year limit if a written request is received by the director of engineering prior to the one-year approval expiration date.

(f)

Variances.

(1)

Requests for variances from site development or construction and appearance design standards shall be in writing and shall be submitted along with the development plan or building permit application. Such request shall demonstrate:

a.

That special conditions or circumstances exist that are not applicable to other lands, structures, or buildings, such that a literal interpretation of the ordinance would result in an undue hardship and that the special conditions or circumstances do not result from the actions of the applicant, or

b.

That requirements for exterior appearance and building materials should be varied in whole or in part to encourage rehabilitation or remodeling of an existing structure.

(2)

The director of engineering shall grant the minimum variance required to make possible the reasonable use of the land, building, or structure, provided that such variance will be in harmony with the general purpose and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(3)

With respect to building permit applications, written requests for waivers from design review may be submitted along with the application demonstrating such review would constitute an undue burden given the size of the project.

(Ord. No. 99-80, § I, 11-23-99)