[R.O. 2005 §§2-236, 2-238, 2-240—2-243; CC 1997 §§2-236, 2-239, 2-241—2-244; Ord. No. 2337 §2, 8-4-1999; Ord. No. 2455 §1, 8-15-2001; Ord. No. 3013 §3, 3-2-2011]
Created. There is hereby created for the City a Planning and Zoning Commission.
Composition—Terms—Vacancy—Removal. The Planning and Zoning Commission shall consist of nine (9) residents appointed by the Mayor and approved by the City Council. The membership of the Commission may be increased as allowed or required by Missouri law. In appointing and approving resident members the Mayor and Council shall use their best efforts to ensure equal representation among the City's three (3) districts. The term of each of the resident members shall be for four (4) years and shall be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The City Council may remove any resident member for cause stated in writing and after public hearing.
Election And Terms Of Office Of Chairman And Secretary. The Planning and Zoning Commission shall elect its Chairman and Secretary from among the citizen members. The term of the Chairman and Secretary shall be for one (1) year with eligibility for re-election.
Meetings—Adoption Of Rules—Records.
The Planning and Zoning Commission shall hold regular meetings and special meetings as it may provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.
The Planning and Zoning Commission shall be represented at all proceedings by legal counsel.
Appointment Of Employees And Staff—Contracts With Professional Personnel—Expenditures. The Planning and Zoning Commission shall appoint the employees and staff necessary for its work and may contract with City planners and other professional persons for the services that it requires. The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Council.
Powers, Duties And Functions. The Planning and Zoning Commission shall have the powers and duties and perform the functions for Planning Commissions and Zoning Commissions as provided in Chapter 89, RSMo., and also provided by this Code or other ordinances of the City.
Cross References—Building codes and building regulations, ch. 500; environmental reports, ch. 415; property maintenance code, ch. 505; signs and advertising devices, ch. 410; streets, sidewalks and other public places, ch. 510; subdivisions, ch. 405.
State Law References—Authority for planning commission, §§89.310 et seq., RSMo.; authority to appoint a zoning commission, §89.070, RSMo.; planning commission to function as zoning commission, §89.390, RSMo.; powers and duties of planning commission, §§89.340 et seq., RSMo.; similar provisions, §89.330, RSMo.
[R.O. 2005 §2-256; CC 1997 §2-256; Ord. No. 2442 §1, 3-18-1998; Ord. No. 2425 §1, 4-4-2001; Ord. No. 3276 §1, 4-20-2016]
Establishment And Purpose. The Ellisville Board of Adjustment is hereby established to, in certain circumstances, determine and vary the application of the regulations and provisions relating to the construction or alteration of buildings or structures or the use of land, in harmony with the general purpose and intent of such regulations and provisions, and in accordance with the general or specific rules contained therein and the other provisions set forth herein.
Composition, Appointment, Removal. The Board of Adjustment shall consist of five (5) members who shall be residents of the City. The members shall be nominated by the Mayor and appointed by a majority of the Council members. The membership of the first Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Appointments to fill vacancies shall be for the unexpired portion of the term only. The City Clerk shall keep records of the appointments and unexpired terms which may be filled by appointment. All members and alternates shall be removable for cause by the Council upon written charges and after public hearing.
Alternate Members. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. The term of office for the alternate members shall be five (5) years excepting that the three (3) members first (1st) appointed shall serve respectively for a term of one (1) year, three (3) years and five (5) years; thereafter, alternate members shall be appointed for a term of five (5) years each. Insofar as practical, alternate members shall be called upon to serve in the absence of or the disqualification of the regular members on a rotation basis. An effort should be made by the Mayor and the Council members to equitably distribute the appointed among the districts.
Officers. The Board of Adjustment shall elect a Chairman who shall serve for a term of one (1) year. The Board of Adjustment shall annually select a Vice Chairman from among its members.
Rules And Regulations. The Board of Adjustment may adopt such rules as necessary from time to time to provide for the exercise of its powers and duties as set forth herein, provided they are not inconsistent with the provisions of this Chapter, this Code, other ordinances of the City, State Statute, or any other applicable law. Meetings of the Board of Adjustment shall be held as called by the Chairman and at such other times as the Board of Adjustment shall determine. The Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for the purpose. It shall keep records of its examinations and other official actions and all records shall be immediately filed in the office of the City Clerk and shall be a public record. The Board shall be represented at all proceedings by either the City Attorney or special counsel.
Powers And Duties.
The Board of Adjustment shall have the following powers and duties:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of any regulation or provision adopted by the City relating to the construction or alteration of buildings or structures or the use of land.
To hear and decide all matters referred to it and upon which it is required to pass under Chapters 400 and 500 of this Code, including the following:
To authorize variances of the regulations or provisions adopted by the City relating to the construction or alteration of buildings or structures or the use of land upon appeal in accordance with the provisions of Section 400.140 of this Chapter.
To permit the construction and/or use of a building or the use of premises for public utility purposes.
To permit the reconstruction of a non-conforming use or building within the intent of Section 400.120, which has been damaged by explosion, fire, act of God, vandalism, deterioration or public enemy to the extent of more than fifty percent (50%) of its St. Louis County Assessor's office appraised value, where the Board of Adjustment finds some compelling public necessity requiring a continuance of the non-conforming use.
In passing upon appeals, where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of any regulation or provision adopted by the City relating to the construction or alteration of buildings or structures or the use of land, to vary or modify the application of any such regulation or provision of so that the spirit of Chapters 400 and 500 of this Code shall be observed, public safety and welfare secured, and substantial justice done.
In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this Chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation in the City's regulations and provisions relating to the construction or alteration of buildings or structures or the use of land.
[R.O. 2005 §30-21; Ord. No. 2697 §1, 4-20-2005]
There is hereby created and established a Tree Board for the City of Ellisville, St. Louis County, State of Missouri, which shall consist of the Director of Parks and Recreation, City Planner and Assistant City Manager. Said Tree Board may from time to time retain professional services to assist in their appointed duties.
It shall be the responsibility of the City Tree Board to study, investigate, counsel and develop and/or update annually and administer a written plan and budget for the care, maintenance, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of Ellisville. The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
The Tree Board shall develop and maintain a list of desirable trees for planting along street in three (3) size classes: small, medium and large. A list of trees not suitable for planting will also be created. These lists may be modified from time to time by the Tree Board without notice.
The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the City Council who may hear the matter and make final decision.
[R.O. 2005 §30-8; Ord. No. 2631 §1, 4-21-2004]
An Architectural Review Board, consisting of the members of the City Council, is hereby created:
To ensure that new structures erected in the City and exterior alterations of existing structures shall conform to certain minimum standards of appearance as provided herein,
To avoid the erection and use of unsightly, grotesque, incompatible and unsuitable structures and exterior alterations, and
To promote the stability of property values and the general health, safety and welfare of the community.
The Architectural Review Board shall have the power to employ such experts, technicians or consultants as the Council may deem necessary to evaluate an application or other matter within its jurisdiction and all related costs shall be paid by the applicant. The City Planner or other such officer identified by the City Council (hereafter referred to as the "City Planner") shall serve as the staff representative to the Architectural Review Board and the City Attorney shall serve as legal counsel.
The Board may adopt from time to time such reasonable rules and regulations as it may deem necessary and proper. The Board shall prepare an instruction sheet for applicants, describing procedures, plans and samples that should be submitted with each application.
Except as provided in Subsection (E) all applications for building permits and all plans for proposed alterations, uses, repairs or maintenance that will affect the exterior appearance of a building shall be submitted to the Board prior to the issuance of a building permit or the commencement of such alteration, use, repair or maintenance. The Board shall consider the application after the next scheduled meeting of the City Council or in no case more than forty-five (45) days after receipt of the application by the City Planner. Upon receipt of an application, the City Planner shall determine within ten (10) days whether the proposed modifications constitute major or substantial changes in exterior appearance. If the determination of the City Planner is that such modifications are not major or substantial, the application shall be listed under a "consent agenda". Applications on the consent agenda may be approved on a motion of the Architectural Review Board. There will be no separate discussion on these items unless a Board member so requests, in which case the item will be removed from the consent agenda and considered separately at a hearing. Applications for new construction or for major or substantial modifications, as determined by the City Planner, may be placed on the consent agenda provided drawings and materials of construction are made available for public inspection for a period of ten (10) days prior to a hearing before the Architectural Review Board. In the event said drawings and materials are not made available as set out above, a full hearing must be held.
[Ord. No. 3313 § 1, 3-15-2017; Ord. No. 3329 § 1, 5-17-2017]
The City Planner shall have authority to exclude from these requirements all new construction of and alterations to single-family and two-family residences that do not substantially affect exterior appearance.
The City Planner shall also have authority to exclude from these requirements all minor exterior alterations (multi-family residential, commercial, industrial, institutional, etc.) that do not substantially affect exterior appearance, including the authority to approve or disapprove any application for approval of construction, improvement, alteration, use, repair, and/or maintenance affecting the exterior appearance of a building, structure and/or property. Minor exterior alterations considered for administrative review include the following:
Gutters and downspouts;
Incandescent lighting fixtures;
Landscaping comprising less than twenty-five percent (25%) of the total yard area;
Facade changes not affecting the building's character;
Screening for mechanical equipment, rooftop equipment, and trash enclosures;
Small additions less than seven hundred fifty (750) square feet;
Detached garages/porte-cocheres and carports designed for no more than two (2) automobiles; and
Additions and changes not visible from any street or residential property.
Any person directly affected by a ruling of the City Planner may appeal to the Architectural Review Board provided such appeal is filed within thirty (30) days of the ruling.
Each application to the Architectural Review Board shall include those plans, elevations and building material samples or other drawings deemed necessary for evaluation by the City Planner or the Board. The Board may continue any hearing for the submission of additional information necessary for evaluating the proposed exterior alteration.
The Architectural Review Board shall consider each application for conformity to the following architectural, design and appearance standards:
Style. No single architectural style should be superimposed upon buildings and each should reflect its own individual style. Monotonous design should be avoided; variation of detail and form should be used to provide visual interest. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. Additions should relate to the existing buildings in design, details, colors and material.
Scale and proportion. The height, scale and proportion of each building should be compatible with its site and adjoining buildings. Building components such as windows and doors should have proportions appropriate to the architecture of the structure.
Proportion. Elements of building massing should relate to the size and shape of those of adjacent buildings.
Materials. Materials should be selected for suitability to the type of building and the design in which they are used and for harmony with adjoining buildings. Materials should be of durable quality.
Colors. Colors, including trim and accent colors, should be harmonious and visually compatible with neighboring buildings.
Awnings, canopies and marquees. Awnings, canopies and marquees should fit the character of the building and not interfere with the appearance of the surrounding buildings. Unused brackets should be removed.
Preservation of period detail. Original details on existing buildings, such as cornices, horizontal bands and decorative elements, should be preserved.
Screening. Facilities including, but not limited to, trash dumpsters and rooftop and mechanical units should be visually screened with materials harmonious with the building.
Lighting. Exterior lighting, including interior lighting affecting exterior appearance, when used should be of a design, size and intensity compatible with the building and adjacent areas. Excessive brightness should be avoided.
Landscaping. Landscape treatment, where appropriate, should be provided to enhance architectural features and provide visual interest. Landscape materials may include plants, trees, fences, walls and pavings.
Interior elements. Any interior materials, color, design or other detail visible from the exterior should be harmonious and visually compatible with the exterior and neighboring buildings.
Actions By The Board.
If approved as submitted, the City Planner may issue a building permit or other appropriate approval immediately upon notification of such action by the Board.
If the Board approves the application with modifications, the City Planner may issue a building permit or other such approval provided that the applicant shall conform to the modifications required by the Board. The City Planner may require that the applicant make appropriate changes in the drawings and specifications to demonstrate conformity with the Board's required modifications.
If the application is disapproved with recommendations, the City Planner shall not issue a building permit or other approval unless the applicant shall make appropriate changes in the plans and specifications to conform to the recommendations of the Board.
If the application is disapproved, no permit or other approval shall be issued by the City Planner nor shall any work or use proposed under the application be commenced. The Board shall advise the applicant in writing as to its reasons for the disapproval.
All applications shall be considered promptly by the Architectural Review Board. The Board shall render a decision no later forty (40) days from the date of submission of the application to the Board and failure to make a decision within that period shall be deemed an approval of the application; provided however, that this automatic approval provision shall not apply when the Board continues any hearing pursuant to Subsection (F) hereof.