[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7000), 11-13-1989]
This Chapter sets forth the procedures required for obtaining
occupancy permits, sign permits, and conditional use permits. This
Chapter also specifies the requirements for amendments, variances,
and administrative appeals.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7001), 11-13-1989]
A. Occupancy Permit Required. Prior to the initial occupancy
of any building or structure and prior to any change of occupancy
or use, after all requirements of the ordinances of the City have
been met, an occupancy permit shall be obtained from the Director.
No land, building or structure may be occupied or used for any purpose
unless an occupancy permit is issued by the Director. Application
shall be made for the occupancy permit before occupancy or use is
commenced. When a building permit is also required, in accordance
with Title V of this Code, the application for the occupancy permit
shall be made coincidentally with the application for the building
permit. Re-occupancy of residential dwellings, including the re-occupancy
or use of facilities accessory to the residential dwelling, shall
be exempt from the occupancy permit requirements.
B. Occupancy Permit Issued, When. The Director shall issue
the occupancy permit only upon a finding that each use or occupancy
is lawful and conforms to all applicable ordinances of the City. When
new construction is involved, occupancy may be permitted pursuant
to a tentative occupancy permit issued in accordance with the provisions
herein following.
C. Documents And Fee Required. Application for an occupancy
permit shall be made on such forms as shall be furnished by the City
accompanied by a filing fee which the Board of Aldermen shall prescribe.
Each application pertaining to new construction shall be accompanied
by a plat, drawn to scale, showing the actual dimensions of the lot
to be built upon, the size, shape and location of the building to
be erected, the use to be made of the building upon completion, and
such other information as may be required for the enforcement of this
Chapter. The Director may issue a certificate of tentative occupancy
to the applicant giving conditional approval of the application, provided
the proposed location, erection or structural alteration complies
with the provisions of this Chapter. Such certificate of occupancy
shall be in duplicate: one (1) copy to be placed on file in the office
of the Director and the other copy to be posted in a conspicuous place
on the building during the construction or alteration, stating that
the proposed location, construction or structural alteration is in
conformity with the provisions of this Chapter. Such a certificate
of tentative occupancy shall be issued for a period not exceeding
one (1) year, but may be extended for a similar period if construction
or structural alteration is not completed within one (1) year from
date of issuance, and shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or of the
City, relating to the use or occupancy of the land or building or
any other matter covered by this Chapter and such certificate of tentative
occupancy shall not be issued except under such restrictions and provisions
as will adequately insure the safety of the occupants.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7002), 11-13-1989]
A. Site Improvement Permit Required. A site improvement permit
is required whenever alteration to the existing grade is made, and
for site improvements and/or modifications including but not limited
to the following:
2. Grading, excavating, filling, removal of topsoil.
3. Storm sewers (including detention).
14. Installation of improvements in a subdivision, pursuant to Section
410.160(C) of this Municipal Code.
B. Exceptions. A site improvement permit is not required where alterations to the existing grade and/or activities listed in Subsection
(A) are authorized by and made pursuant to a valid building permit.
C. Site Improvement Permit For Expansion, Extension, Relocation Or Substantial
Change In Street(s).
1. A site improvement permit for expansion, extension, relocation or
substantial change in existing street(s) shall be issued only upon
approval by the Board of Aldermen, after review and recommendation
by the Planning and Zoning Commission.
2. The Board shall not approve issuance of a site improvement permit
for expansion, extension, relocation or substantial change in street(s),
which they determine will:
a. Create unreasonable safety hazards to the intended users of said
street(s) and/or to traffic intersecting with such street(s),
b. Significantly adversely affect property owners immediately adjacent
to said street(s), or
c. Substantially increase stormwater drainage on adjacent or nearby
lots.
3. An applicant for a site improvement permit for expansion, extension,
relocation or substantial change in street(s) shall be the owner or
the individual or legal entity having the legal right to the control
of the street(s) being expanded, extended, relocated or substantially
changed. The applicant shall provide satisfactory assurance that street(s)
as expanded, extended, relocated or substantially changed shall be
properly repaired and maintained.
D. Site Improvement Permit Issued, When. The Director shall
issue the site improvement permit only upon a finding that the proposed
site improvements conform to all applicable City Codes and ordinances
and meet the standards of the City's stormwater and erosion control
regulations.
E. Documents And Fee Required. Application for a site improvement
permit shall be made on such forms as shall be furnished by the City
accompanied by a fee established by the City. Each application shall
be accompanied by a site plan clearly depicting changes in the contour
of the land and all proposed improvements for which the permit is
sought and any other information the City may require.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7003), 11-13-1989; Ord. No. 2239 §2, 8-10-1998]
A. Where
approval of a use in any district requires site plan review, the following
procedures shall apply:
1. Application. The developer or his/her authorized
representative shall, prior to the time of application for a building
permit, file an original and five (5) copies of the application with
the Director on forms provided by the City, including a processing
cost deposit which the Board shall prescribe, and six (6) copies of
the preliminary site development plan which should depict the following
either on the site plan or on a separate sheet accompanying the plan:
a. A site plan drawn to scale not less than one (1) inch equals fifty
(50) feet (1"=50') showing the following information.
(1)
General matters.
(a)
A small location "key" map showing the site and illustrating
its relationship to the nearest major street intersection and adjacent
streets.
(b)
North arrow and scale of drawings.
(c)
Title block including the name and address of the development
and the developer, architect's/engineer's seal, and date.
(d)
Property lines, existing and proposed right-of-way lines, with
metes and bounds (bearing and distances) indicated, and building or
setback lines.
(e)
Existing and proposed easement lines and dimensions, with owner's
name or description of facilities located therein.
(f)
Location and size of all existing and proposed structures, and
other improvements, including, but not limited to, buildings, existing
and proposed parking areas, streets, walkways, drainage structures,
utility poles, fences, retaining walls, etc., on the property.
(g)
The description of the general use for which the structure is
intended.
(h)
Number of employees in largest shifts for place of assembly
the maximum capacity of the meeting or assembly space (if applicable).
(i)
Ownership, land use and zoning of adjoining properties.
(j)
Submission of permits or other records, if required, proving
that the proposed use is located on a legal lot.
(k)
All exterior sign design including location and size (both freestanding
and attached signs), and illumination technique.
(l)
Location and intensity in candlepower of all exterior lighting,
including height and spacing of all lighting standards.
(m)
Location of outside refuse collection areas and type of screen.
Refuse containers must be enclosed from public view.
(n)
All existing structures and natural resources located within
one hundred (100) feet of the property.
(o)
The following information as part of the legend:
(i)
Gross square footage of all building structures;
(ii) Type and size of all trees and shrubs used in
landscaping of the site if not noted elsewhere on the plan;
(iii) Present zoning of the subject site and adjoining
sites;
(iv) Percentage of green space per site not occupied
by buildings, structures or paving;
(v)
Structures on adjoining streets;
(vii) Percentage of floor area per lot.
(viii) Percentage of building coverage per lot.
(2)
Drainage matters.
(a)
All existing or proposed ponds, lakes, basins, sinkholes or
other bodies of water, and the existing and proposed uses thereof.
(b)
Existing and/or proposed storm sewers to serve the site.
(c)
The nearest available sanitary sewer and an indication of the
sanitary sewer district or sewer company to serve the project.
(d)
Existing and proposed major drainage facilities, such as bridges,
culverts, channels, creeks, etc.
(e)
The limits of the 100-year and 500-year floodplain zone (if
applicable).
(3)
Circulation, parking and landscaping matters.
(a)
The internal and peripheral vehicular circulation showing:
(i)
Curb cuts required to provide ingress and egress to and from
adjacent streets;
(ii) The existing width and proposed widening of all
existing adjacent streets and rights-of-way (including the number
and width of lanes and any island or medians). NOTE: New easements
and right-of-way dedications may be required in conjunction with the
proposed development, and must be shown and dimensioned on the plan;
(iii) All the entrances on opposite sides of existing
adjacent streets within the frontage of the development;
(iv) The width and location of all internal drives,
aisles, parking and loading spaces;
(v)
The location of all islands and medians;
(vi) The location and dimensions of all existing and
proposed curbs.
(b)
The number of parking and loading spaces.
(c)
The location of spaces to be used for outdoor vehicular and
equipment storage, and location of screening, existing and proposed.
(d)
A proposed landscaping plan illustrating all proposed deciduous
and evergreen trees, ground cover and other landscaping elements.
(4)
Site grading matters.
(a)
Existing and proposed contours referenced to U.S.G.S. datum
at normally five (5) foot intervals, for the subject property, extending
at least twenty-five (25) feet off site. Contour intervals other than
the above may be required depending on topography of the site. Existing
contour lines shall be differentiated from that of proposed contour
lines. A varied frequency of contours and/or spot elevations may be
required.
(b)
Two (2) cross-sectional profiles (taken perpendicular to each
other), showing proposed structures and proposed and existing grades
through the center of the property.
b. Proposed activities. In single lot developments,
approximate location of buildings and other structures, as well as
parking and loading areas shall be indicated. In multiple lot developments,
conceptual location and configuration of buildings, approximate locations
of common areas, open space, major utility easements, and stormwater
detention areas shall also be indicated;
c. Approximate location of all isolated trees having a trunk diameter
of six (6) inches or more, and all tree masses;
d. Preliminary plan for sanitation and storm drainage facilities;
e. Proposed land uses, lot area, building size, height, and building
lines;
f. Proposed landscaping, lighting, and screening plans;
g. Proposed development phasing schedule;
h. A color photograph and/or rendering of the proposed building(s) as
viewed from the front of the lot at all street lot lines and all other
streets, together with elevation views of the remaining sides of the
building(s), sufficient to render judgment as to the appearance, massing,
relationship to the site, etc., of the proposed construction.
i. A survey of the site showing all "natural resources", including all
ravines, floodplains, mature woodlands, young woodlands and drainageways.
j. Distribution. Upon receipt of the preliminary site
plans, and following a determination by the Director that the application,
plans and accompanying sheets are complete, the Director shall date
and distribute copies of the application and plans in the following
manner:
(1)
The original application and the preliminary site development
plan shall be retained by the Director;
(2)
Four (4) copies of the application and the preliminary site
development plans shall be forwarded to the Commission to begin the
review process;
(3)
One (1) copy of the application and the preliminary site development
plans shall be sent to the Board for their information.
2. Public hearing. A public hearing on the application shall be held by the Commission within sixty (60) days of receipt of a complete application as defined in Subsection
(1)(a) through
(i). The procedural requirements of Section
405.200 herein shall be applicable for the public hearing pursuant to this Section.
3. Planning And Zoning Commission recommendations. No
action shall be taken by the Board until it has received the recommendation
of the Commission. The recommendation shall address general planning
considerations, including consistency with good planning practice
and compatibility with adjoining permitted development. A recommendation
of approval shall include recommended conditions to be included in
the final site development plan. The Commission will review the documents
and base its conditions for approval on the following review procedures:
a. The Commission shall examine all plans, documents and exhibits pertaining
to proposed structures for general conformity with the style and design
of surrounding structures and to insure that the project is conducive
to the proper development of the City. This development review will
be based on information provided by the developer and will cover landscaping,
lighting, setbacks, points of access and egress, screening, massing
and locational relationships of proposed building(s) and improvements,
phasing, and any other information which may include models, samples
of proposed exterior building materials, etc., as deemed appropriate
by the Planning and Zoning Commission. The conditions for approval
shall also cover appropriate project timing relative to initiation
and completion of all construction.
4. Aldermanic review. Upon receipt of the recommendations of the Commission, the Board, utilizing the same standards imposed upon the Commission in Subsection
(3) hereof may take any of the following actions:
a. Approve preliminary site development plan as recommended and pass
an ordinance containing the conditions as stated in the recommendations
of the Commission;
b. Approve preliminary site development plan based upon a modification
of the conditions as stated in the recommendations of the Planning
and Zoning Commission;
5. Architectural review.
a. No building permit shall be issued for non-residential structures,
nursing homes, assisted living facilities or continuum of care facilities
until architectural compliance has been approved by the Board of Aldermen
in accordance with the provisions herein.
(1)
Architectural review shall take place simultaneously with the
Board's consideration of a preliminary site development plan following
recommendation of same by the Commission. The purpose of the architectural
review is to maintain conformity with surrounding structures and to
assure that structures conform to certain minimum architectural standards
of appearance and that unsightly, grotesque and unsuitable structures,
detrimental to the stability of value and the welfare of the surrounding
property, structures and residents and to the general welfare and
happiness of the community be avoided and that appropriate standards
be fostered and encouraged. The Board shall review the documents,
provide the developer with notice and an opportunity to be heard at
the time of the review and proceed in a timely fashion with all reasonable
speed in the following manner:
(a)
If in the opinion of the Board the proposed structure will conform
to proper architectural standards of appearance and design and will
be in general conformity with the style and design of surrounding
structures and conducive to the proper architectural development of
the City, it shall approve the proposed structure;
(b)
If in the opinion of the Board the proposed structure will constitute
an unsightly, grotesque or unsuitable structure in appearance, detrimental
to the welfare of surrounding property or residents, it shall disapprove
the proposed structure, but said Board may make recommendation in
regard to said proposed construction if it sees fit;
(c)
If the Board shall disapprove of the architectural appearance
or shall disapprove of the architectural appearance with recommendations
and the developer shall refuse to comply with the recommendations,
the Director shall refuse to issue a building permit. The developer
shall be informed of the decision of the Board in writing with a statement
of any recommendations made.
6. Final site development plan. If approved by the
Board, the developer shall, within twelve (12) months of the date
of the ordinance approving the preliminary site development plan,
submit to the Director a final site development plan which reflects
compliance with the conditions contained in the ordinance approving
the preliminary site development plan and may simultaneously apply
for appropriate building permits. Upon application, the Board of Aldermen
may, in its discretion, extend the twelve (12) month period for filing
a final site development plan. In no event shall the Board extend
the twelve (12) month period to more than thirty-six (36) months.
Failure to submit a final site development plan which reflects compliance
with the conditions contained in the ordinance approving the preliminary
site development plan within the time prescribed herein shall be deemed
a withdrawal of the application for site plan review. If subdivision
is required, a final plat of subdivision will be filed concurrently
with the final site development plan.
7. Review by Director. The Director shall review the
final site development plan for compliance with the authorizing legislation.
Upon finding of compliance, the Director shall so note upon the final
site development plan which shall include the date of said finding.
No building permits shall be issued by the Director unless a finding
of compliance is made.
8. Recording requirements. Upon a finding of compliance
with the authorizing legislation by the Director, the developer shall
record the final site development plan and the approving ordinance
with the Recorder of Deeds within sixty (60) days of the date of said
finding.
9. Procedure for amendment of conditions or plans. In
order to amend the recorded approved final site development plan,
the procedure, subject to the same standards of review required for
site development approval, shall be as follows:
a. The property owner or authorized representative shall submit an amended
final site development plan together with a processing cost deposit
which the Board shall prescribe to the Commission for review and recommendation.
The Commission shall then evaluate the request for consistency in
purpose and content with the nature of the proposal as originally
advertised for public hearing, and approved by the Board.
b. If the Commission determines that the proposed amendment to the final site development plan is not significant, the Commission shall, within ninety (90) days after receipt of said proposed amendment(s), submit a recommendation to the Board for approval and/or modification. Within thirty (30) days of receipt of the Commission recommendation, the Board shall accept or reject said recommendation and approve or disapprove said amendment(s) in accordance with the procedures set forth in Subsection
(4). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
If the Commission determines that the proposed amendment to the final site development plan is significant, the Commission shall hold a new public hearing on the matter in accordance with the proceedings specified in Subsection
(2) prior to submitting its recommendations to the Board for action in accordance with the procedures set forth in Subsection
(3). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
10. Guarantee of improvements. Unless otherwise provided
for in the conditions of the ordinance governing an approved development,
no building permits, or permits authorizing the occupancy or use of
a building, facility, commercial establishment, or service concern
shall be issued until required related off-site improvements are constructed
or escrow, or other acceptable instrument approved as to form by the
City Attorney, is posted guaranteeing the improvements. Temporary
building permits or other authorizations may be issued by the Director
to permit the completion of required related off-site improvements
pursuant to this Section. Required related off-site improvements may
include, but not be limited to, streets, sidewalks, sanitary and storm
sewers, street lights, and street trees. If an approved development
is developed in sections, this requirement shall also apply to all
major improvements necessary to the proper operation and function
of the section in question, even though such improvements may be located
outside of the section in question. The provisions of the City's subdivision
regulations respecting the installation or guarantee of subdivision
improvements and the inspections thereof together with the permits
and fees required therefor shall be applicable to the installation
or guarantee of improvements under this Section.
11. Trust indenture requirements. Whenever an applicant
files an application for a site to be developed and the site is to
be subdivided into two (2) or more individual lots, the applicant
shall submit a proposed trust indenture as to all land within the
site, which trust indenture must comply with the requirements set
forth in the subdivision regulations.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7004), 11-13-1989; Ord. No. 2325 §§1 — 2, 4-12-1999; Ord. No. 2430 §1, 2-16-2000]
A. The
owner or general agent of a building or premises where a violation,
as defined herein, has been committed or shall exist, or the lessee
or tenant of an entire building or entire premises where such violation
has been committed or shall exist, or the owner, general agent, lessee
or tenant of any part of a building or premises in which such violation
has been committed or shall exist, or the general agent, architect,
builder, contractor or any other person who commits, takes part or
assists in any such violation or who maintains any building or premises
in which any such violation shall exist, shall upon conviction be
punished by a fine of not less than ten dollars ($10.00) and not more
than two hundred fifty dollars ($250.00) for each and every day that
such violation continues, or by imprisonment for ten (10) days for
each and every day such violation shall continue, or by both such
fine and imprisonment in the discretion of the court. For subsequent
offenses involving the same violation at the same building or premises,
the punishment shall be a fine of not less than one hundred dollars
($100.00) or more than five hundred dollars ($500.00) for each and
every day such violation shall continue, or by imprisonment for ten
(10) days for each and every day such violation shall continue, or
by both such fine and imprisonment in the discretion of the court.
B. Any
such person who having been served with an order to remove any such
violation shall fail to comply with said order within ten (10) days
after such service or shall continue to violate any provisions of
this Chapter in the respect named in such order shall also be subject
to an additional civil penalty of two hundred fifty dollars ($250.00).
C. The
term "violation" shall include any violation of (1)
any provision of this Chapter, (2) any regulation or order of the
Board of Aldermen, the Planning and Zoning Commission, an authorized
building official, the Planning Director or any other authorized City
entity or official pertaining to any building or premises, (3) any
ordinance or resolution approving, conditioning, restricting or limiting
an approved land use in or on a building or premises, or (4) any other
condition or restriction of, or limitation on, an approved land use
in or on a building or premises.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7005), 11-13-1989]
Each of the remedies, fines and imprisonments set forth in Section
405.270 shall be cumulative and not exclusive remedies.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7006), 11-13-1989]
A. Initiation. The Board of Aldermen may from time to time,
on its own motion or on petition, amend, supplement, change, modify
or repeal by ordinance the boundaries of districts or the regulations
or restrictions thereunder or applicable thereto. Any proposed amendment,
supplement, change, modification or repeal shall first be submitted
to the Planning and Zoning Commission for its recommendations and
report. Any petition for an amendment or change of zoning shall be
accompanied by a site plan reflecting the proposed use of the property
and complying in all respects with the requirements for a site plan
set forth in Section 405.260(1) above. The Commission may recommend
and the Board may enact by ordinance a zoning district classification
other than that requested in a petition, provided that the recommendation
or ordinance is for a district classification of the same use type
as that requested in the petition.
B. Report And Public Hearing.
1. The Commission shall submit its report to the Board within ninety (90) days. If the Commission fails to submit its report within that period the Board shall consider the matter as though submitted to it by the Commission with an adverse recommendation. The Board, thereafter, shall hold a public hearing giving at least fifteen (15) days' notice in the time and manner required by law. For map amendments, the posting of signs on the subject property will be required as described in Section
405.200(G).
2. In cases of an adverse recommendation by the Commission, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (⅔) of the members
of the Board of Aldermen.
C. Protest. If a protest against such proposed amendment, supplement,
change, modification or repeal shall be presented in writing to the
City Clerk duly signed and acknowledged by the owners of thirty percent
(30%) or more, either of the area of the land (exclusive of streets,
places and alleys) included within such proposed amendment, supplement,
change, modification or repeal, or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distant from
the boundaries of the district proposed to be changed, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (⅔) of all members
of the Board of Aldermen.
D. Application Fee. Before any action shall be taken as provided
above (except when initiated by the Board of Aldermen), the party
or parties proposing or recommending a change in the district boundaries
or regulations shall deposit with the City a fee which the Board shall
prescribe to cover the approximate cost of this procedure and under
no condition shall said sum or any part thereof be refunded for failure
of said change to be adopted by the Board.
E. Report Of The Planning And Zoning Commission. Findings shall
be made by the Commission on each of the following matters based on
the evidence presented to it.
1. The public need for the proposed use.
2. The extent to which the proposed amendment and proposed use are in
compliance with and/or deviate from the adopted Comprehensive Plan.
3. The suitability of the property in question for the uses permitted
under the proposed zoning.
4. The adequacy of public facilities, such as sewer and water, and other
required public services.
5. The public health, safety, and general welfare will not be damaged.
6. The land values of adjoining properties will not be damaged.
|
The Commission shall not recommend the adoption of a proposed
amendment unless it finds that the adoption of such an amendment is
in the public interest and not solely for the interest of the applicant.
|
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7007), 11-13-1989]
A. Board Established. The appointments to be the Board of Adjustment
and its organization shall be governed by the terms of the Municipal
Code.
B. Rules Of Procedure. The Board of Adjustment may adopt from
time to time such rules and regulations as it may deem necessary.
Such rules and regulations shall be in writing and available at the
office of the City Clerk.
C. Vote Required. The concurring vote of four (4) members of
the Board of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of the Director, or to decide in favor of
the applicant on any matter upon which it is required to pass under
this Chapter.
D. Powers. The Board of Adjustment shall have the following
powers:
1. Review of orders, requirements, decisions or determinations
of the Director. Any person or any neighborhood organization
as defined in Section 32.105, RSMo., representing such person who
is aggrieved by any order, requirement, decision or determination
of the Director or any administrative official in the enforcement
of the Zoning Code alleged to be erroneous may appeal to the Board
of Adjustment. After a hearing in accordance with the provisions of
this Chapter, the Board of Adjustment may reverse, affirm or modify
the order, requirement, decision or determination appealed from in
accordance with the Zoning Enabling Act, Sections 89.010 — 89.490,
RSMo., (1986), as amended ("Enabling Act"), and the Zoning Code, included
in this Chapter.
2. Area variances. Area or non-use variances are deviations
from permitted uses within a given zoning district, for example bulk
area, height, density, setbacks and sideline restrictions. The Board
of Adjustment is authorized to grant area or non-use variances from
strict application of the Zoning Code upon application or appeal in
accordance with the Enabling Act, the Zoning Code, and the procedures
set forth herein, only upon a finding that:
a. The applicant has sufficiently demonstrated that strict application
of the Zoning Code would result in practical difficulties or unnecessary
hardship. There must be evidence of unique circumstances or conditions
such that, if the provisions of the Zoning Code were strictly applied,
the applicant would be deprived of reasonable use of the subject property
or structures. The circumstances or conditions must be peculiar to
the subject property and not generally prevalent in the neighborhood.
Evidence that greater profit would result if the variance were granted
is not sufficient proof of practical difficulties or unnecessary hardship;
b. To grant an area or non-use variance would be in harmony with the
general purpose and intent of the Zoning Code in the zoning district
in which the subject property is located, and would not be injurious
to the neighborhood or otherwise detrimental to the public welfare;
and
c. The deviation from strict application of the Zoning Code that would
be authorized by the area or a non-use variance would not constitute
a change in the district map, impair an adequate supply of light and
air to adjacent property, increase congestion in public streets, increase
the danger of fire, materially diminish or impair established property
values within the surrounding area, and would not in any other respect
impair the public health, safety, comfort, morals, and welfare of
the City.
Upon making the above findings, the Board of Adjustment is to
grant the minimum variance necessary to allow the applicant reasonable
use of his/her land.
3. Use variances. Use variances permit a use of property
other than one enumerated as a permitted use in the Zoning Code for
the particular zoning district in which that property is located.
The Board of Adjustment is authorized to grant use variances upon
application or appeal in accordance with the Enabling Act, the Zoning
Code, and the procedures set forth herein only upon finding that:
a. The applicant will be deprived of all beneficial use of the property
under any of the permitted uses in that zoning district. All beneficial
use is lost only where the property is not suitable for any use permitted
in the Zoning Code for that zoning district;
b. The appellant has sufficiently demonstrated unnecessary hardship
through actual proof and not mere conclusory or lay opinion that the
property in question cannot yield a reasonable return if used only
for a purpose or purposes permitted in the zoning district in which
that property is located;
c. The plight of the owner is due to exceptional or unique circumstances
and not due to general conditions in the neighborhood which may reflect
the unreasonableness of the Zoning Code itself;
d. The use to be authorized by the use variance would not alter the
essential character of the locality;
e. The proposed use to be authorized by the use variance would not constitute
a change in the district map, impair an adequate supply of light and
air to adjacent property, increase congestion in public streets, increase
the danger of fire, materially diminish or impair established property
values within the surrounding area, and would not in any other respect
impair the public health, safety, comfort, morals and welfare of the
City.
4. Parking variances. The Board of Adjustment is authorized
to grant variances from parking, loading or unloading regulations
in accordance with the Enabling Act, the Zoning Code, and the procedures
set forth herein, only upon finding that:
a. The use of the building or premises make unnecessary the full provision
of parking or lighting facilities; and
b. The requirements set forth herein for non-use variances are met.
5. Procedure for appeals to the Board of Adjustment.
a. Any person or any neighborhood organization as defined in Section
32.105, RSMo., aggrieved by any order, requirement, decision or determination
of the Director or any officer, department, board, or bureau of the
City relating to the Zoning Code, may appeal to the Board of Adjustment
within sixty (60) days of the application of such order, requirement,
decision or determination. An application to appeal must be filed
with the Board of Adjustment specifying the grounds for appeal within
sixty (60) days of the order, requirement, decision or determination
appealed from.
b. An appeal to the Board of Adjustment stays all proceedings in furtherance
of the order, requirement, decision or determination of the Director
appealed from, unless the Director certifies in writing to the Board
after the notice of appeal has been filed that, by reason of facts
specified in the certificate, a stay would in his/her opinion cause
imminent peril to life or property. Proceedings must be stayed by
a restraining order which may be granted by the Board, or by a court
of record upon application and notice to the Director and on good
cause shown.
c. The Board of Adjustment shall hear and decide appeals within a reasonable
time period.
d. The Board of Adjustment shall give at least fifteen (15) days' public
notice of its hearing on each appeal in a newspaper of general circulation
in the City. The Board of Adjustment shall also give due notice to
interested parties, including the appellant and persons owning property
located within three hundred (300) feet of the property which is the
subject of the appeal. Any interested party may appear at the hearing
of the Board of Adjustment on an appeal in person or by attorney.
e. Meetings of the Board of Adjustment shall be held at the call of
the Chairman and at such other times as the Board may determine. The
Chairman, or in his/her absence the Acting Chairman, may administer
oaths and compel attendance of witnesses. All meetings of the Board
of Adjustment shall be open to the public. The Board of Adjustment
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, and shall keep records of its examinations and other official
actions, all of which shall be filed in the office of the City Clerk
and shall be a public record. All testimony, objections thereto, and
rulings thereon, shall be taken down by a reporter employed by the
Board of Adjustment for that purpose. The Municipal Code, including
the Zoning Code, and the Comprehensive Plan and land use map which
is or may hereafter be in force, shall automatically be part of each
hearing before the Board of Adjustment to the extent applicable, without
being specifically introduced at the hearing.
f. After public hearing on any appeal from any order, requirement, decision
or determination of the Director or other administrative official
or on a request for a variance, the Board of Adjustment may, in accordance
with the Enabling Act and the Zoning Code, reverse, affirm, or modify
in whole or in part, the order, requirement, decision or determination
of the Director or other administrative official. The concurring vote
of four (4) members of the Board of Adjustment shall be necessary
to reverse or modify any order, requirement, decision or determination
of the Director or other administrative official or to grant a variance
in accordance with this Chapter.
g. The decision of the Board of Adjustment on each appeal shall be accompanied
by written findings of fact, specifying the reasons for the decision.
h. The decision of the Board of Adjustment shall be made a part of any
building permit ordered to be issued by a decision of the Board of
Adjustment.
i. Applications for building permits authorized by a decision of the
Board of Adjustment must be made within one (1) year after the decision
of the Board of Adjustment. Any variance granted by the Board of Adjustment
is automatically rescinded by operation of law after one (1) year
if no application for a building or other permit is made within that
period.
6. Appeals from the Board of Adjustment.
a. Any person or persons or any neighborhood organization as defined
in Section 32.105, RSMo. ,jointly or severally aggrieved by any decision
of the Board of Adjustment, including any officer, department, board,
council, or bureau of the City, may present to the Circuit Court having
jurisdiction in St. Louis County, a duly verified petition stating
that such decision is illegal in whole or in part, the grounds of
the illegality, and the request for relief therefrom. Such petition
must be presented to the court within thirty (30) days after the filing
of the decision in the office of the Board.
b. The court may allow a writ of certiorari directed to the Board of
Adjustment for review of the data and the records acted upon. The
court may reverse or affirm or may modify the decision brought up
for review.
c. Costs shall not be allowed against the Board, unless it shall appear
to the court that it acted with gross negligence or in bad faith or
with malice in making the decision appealed from.