[Ord. No. 18-12, 12-11-2018]
This Chapter shall be known as the Zoning Regulations of the
City of Weldon Spring, Missouri.
[Ord. No. 18-12, 12-11-2018]
In accordance with State law (Chapter 89, RSMo.), this Chapter
is adopted for the purpose of promoting health, safety, morals or
the general welfare of the community and regulates and restricts the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population, the preservation
of features of historical significance and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes. These Zoning Regulations are also adopted to assist in the
implementation of the City's Comprehensive Plan adopted in 2008 and
any subsequent amendments thereto.
[Ord. No. 18-12, 12-11-2018]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, convenience, morals and general welfare.
It is not intended by this Chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties,
except that if this Chapter imposes a greater restriction, this Chapter
shall control. In addition, it is not intended by this Chapter to
interfere with or abrogate or annul any permits previously issued
that were in compliance with the Zoning Regulations in effect when
the permits were issued. Any legal non-conforming use of buildings
or premises, any legal non-conforming building, structure or lot and
any other legal site-related non-conformity may continue to exist
except as specifically required to be brought into conformance with
this Chapter.
[Ord. No. 18-12, 12-11-2018]
This Chapter is designed as a permissive Chapter. Uses that
are allowed by right are listed as permitted uses. As a permissive
Chapter, the regulations contained herein provide what is allowed
and this Chapter is not intended to provide lists of every use, structure
or activity that is prohibited. Uses, structures and activities that
are not listed as permitted, allowed by conditional use permit, allowed
by administrative permit or are a customary accessory use are prohibited.
[Ord. No. 18-12, 12-11-2018]
This Chapter shall apply to all lands within the corporate limits
of the City of Weldon Spring except lands specifically excluded by
State Statute or this Chapter.
[Ord. No. 18-12, 12-11-2018]
All development shall comply with the minimum requirements of
these Zoning Regulations and the minimum requirements of all other
City ordinances, including, but not limited to, the City's Subdivision
Regulations, Sign Ordinance, Tree Protection Ordinance and Lighting
Ordinance.
[Ord. No. 18-12, 12-11-2018]
A.
For the purpose of single-family residential development in the City's
Residential Districts, development rights for the approved use of
land shall vest upon approval pursuant to all applicable regulations
of this Chapter and recording of the final plat for such land with
the St. Charles County Recorder of Deeds. If construction has not
begun within one (1) year of recording the plat, the development rights,
shall expire unless an extension is granted by the Board of Aldermen.
B.
For all non-single-family development, vested rights for any approved
structure or use of land shall vest upon approval of a Final Development
Plan/Site Plan pursuant to all applicable regulations of this Chapter
and recording of said Plan with the St. Charles County Recorder of
Deeds. If all permits required for such development have not been
issued and the completion of substantial amounts of work under the
validly issued permits has not begun within one (1) year of site plan
approval, the development rights, shall expire unless an extension
is granted by the Board of Aldermen.
C.
Vested rights shall be tied to the ownership of said land and stay with the land in the event of a change in ownership. In the event a developer serving as the owner's representative (with express written authority to act on behalf of the owner) causes a development plan or rezoning application to be approved, but never initiates said improvements or uses within one (1) year of Board approval, the pre-development rights shall vest with the original owner and the zoning shall revert back to the original zoning pursuant to Article XIII.
D.
The Planning and Zoning Commission may recommend and the Board of
Aldermen may grant, for good cause as presented by the applicant,
a single extension of vested rights. For all single-family and non-single-family
development, an extension of not more than one (1) year may be granted
from the date originally approved. Applicants seeking an extension
shall submit a statement, in writing, justifying the extension. In
considering an extension, the Planning and Zoning Commission shall
consider the following factors, as well as other relevant considerations:
1.
Undue or unnecessary hardship placed upon the property owner;
2.
The extent to which the current regulations would hinder the
ability to complete development;
3.
Unanticipated conditions or litigation which have prevented
completion of the project; and
4.
Conformance with the general spirit and intent of the zoning
and subdivision regulations.
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Nothing in this Subsection shall be construed to confer any
development rights beyond those shown on the approved plans submitted
to the City or otherwise authorized by applicable Zoning and Subdivision
Regulations. It shall require an affirmative two-thirds (2/3) vote
of the full Board of Aldermen to overturn a negative recommendation
of the Planning and Zoning Commission for any extension.
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