[R.O. 2008 §26-110; Ord. No. 1903 §1, 11-24-1997; Ord. No. 1918 §§1 — 2, 1-26-1998; Ord. No. 1978 §§1 — 2, 1-11-1999; Ord. No. 2036 §1, 11-22-1999; Ord. No. 5165 §1, 12-13-2010]
A. 
Establishment And Purpose. The Creve Coeur Planning and Zoning Commission (Commission hereafter) is hereby established to advise the City Council on how best to preserve and protect the existing residential and business community, to provide for, plan, guide and direct the development, redevelopment and growth of the City and to encourage high standards of architectural, site and landscape design and to encourage public participation.
B. 
Composition, Appointment, Compensation, Removal.
1. 
The Commission shall consist of seven (7) members. The members shall be U.S. citizens and residents of the City for at least one (1) year immediately preceding appointment and throughout their term of service. All members shall be qualified by knowledge or experience to act on questions pertaining to the development of the City. The Commissioners shall hold no other office or position in City Government. The Mayor shall appoint the Commissioners with the consent and approval of a majority of the City Council. Appointments shall be for terms of three (3) years, with the terms of all Commissioners expiring on June thirtieth (30th) of the last year of the members' term. Appointments to fill vacancies shall be for the unexpired portion of that term, although an individual may be reappointed for a further term.
2. 
Compensation for service on the Commission shall be as determined periodically by the City Council. Members may be removed for cause by the City Council. A member so removed may request and receive a written statement of charges and a public hearing before the City Council.
C. 
Officers And Staff. The Mayor shall appoint a Chairman with the consent and approval of the City Council. The Commission shall elect a Vice Chairman from among its members. The City Council, at its discretion, may provide for necessary expenses of the Commission incurred in the performance of its duties.
D. 
Rules And Regulations.
1. 
As necessary and as long as not inconsistent with the provisions of the City Code or other ordinances of the City, the Commission may provide such rules and regulations as it may deem necessary to carry out the provisions of this Chapter. The Commission shall by rule establish a regular meeting time and procedure for giving notice of its meetings and shall file these regulations in the office of the City Clerk. The Commission shall have the authority to call special meetings as it deems necessary.
2. 
The seven (7) voting members of the Commission shall transact the official business of the Commission with four (4) voting members constituting a quorum. If a quorum is present, the votes of a majority of those attending shall be required for recommendation of any action or measure or for transaction of any business. However, four (4) affirmative votes of voting members shall be required for approval of a request of a rezoning (Section 405.1060), an amendment to the text of this Chapter (Section 405.1060), a conditional use permit (Section 405.1070) or a site development plan, site concept plan or minor site development plan (Section 405.1080).
E. 
Powers And Duties. The Commission shall have the following powers and duties:
1. 
To prepare and approve a comprehensive plan for the physical development of the City or portions thereof and recommended modifications of the same from time to time as deemed in the City's best interest.
[Ord. No. 5563, 1-8-2018]
2. 
To prepare and submit to the City Council for its approval a zoning ordinance and Zoning Map with such regulations as to the location, height, width, bulk and appearance of buildings and other structures, the use of land and buildings and the layout, improvement and landscaping of the site of any proposed development or redevelopment of property within the City of Creve Coeur, as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the City.
3. 
To consider all applications in the manner prescribed elsewhere in this Chapter and Chapter 410.
4. 
To petition the City Council on its own initiative to amend, supplement, change or repeal this Chapter or Chapter 410 or any part thereof or to amend the zoning ordinance or Zoning Map as the Commission determines to be in the City's best interest.
5. 
To submit an annual written report to the City Council containing the Commission's recommendations concerning this Chapter, a summary of its activities during the past year and its recommendations on specific community goals and objectives for the future and programs for achieving these.
6. 
To recommend to the City Council the preparation of such municipal, State or national legislation as may, in the interest of the City, be necessary in carrying out the recommendations or suggestions of the Commission.
7. 
To prepare and submit to the City Council such other reports relating to its investigations, transactions and recommendations as it deems proper or as required by the Mayor or the City Council.
8. 
To promulgate site development standards, architectural standards and guidelines for new construction, reconstruction or alterations for the purpose of assuring the mutual compatibility of buildings and their surroundings and the appearance, function and permanence of the location, form, shape, massing and exterior materials of building and site improvements.
[R.O. 2008 §26-111; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5123 Exh. A, 2-22-2010; Ord. No. 5165 §1, 12-13-2010]
A. 
Establishment And Purpose. The Creve Coeur Board of Adjustment is hereby established to further the general purpose and intent of this Chapter by varying its terms in appropriate circumstances, subject to conditions and safeguards and in accord with the other provisions herein.
B. 
Composition, Appointment, Compensation, Removal. The Board of Adjustment shall consist of five (5) members and three (3) alternates who shall be residents of the City. The members and alternates shall be appointed by the Mayor with the consent and approval of a majority of the City Council. Appointments shall be for terms of five (5) years with an expiration date of June thirtieth (30th). Appointments to fill vacancies shall be for the unexpired portion of the term only. Compensation for services on the Board of Adjustment shall be determined periodically by the City Council. Members of the Board of Adjustment may be removed for cause by the City Council. A member thus removed may request and receive a written statement of charges and a public hearing before the City Council.
C. 
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.
D. 
Rules And Regulations. The Board of Adjustment may adopt such rules as necessary from time to time to carry out the provisions of this Chapter, provided they are not inconsistent with the provisions of this Chapter or other ordinances of the City. Meetings of the Board of Adjustment shall be held as called by the Chairperson and at such other times as the Board of Adjustment shall determine. The Chairman, or in his/her absence the Acting Chairperson, court reporter or City Clerk, 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.
E. 
Powers And Duties. The Board of Adjustment shall have the following powers and duties:
1. 
To hear and decide all matters referred to it and upon which it is required to pass under this Chapter.
2. 
To interpret the provisions of this Chapter in such a way as to carry out its intent and purpose.
3. 
To hear appeals in a manner prescribed in Section 405.1110(I) of this Chapter, where it is alleged there is error in any order, requirement, decision or determination made in the enforcement or interpretation of this Chapter.
4. 
To authorize variances upon appeal in accordance with the provisions of Section 405.1110 of this Chapter.
5. 
To permit a variance in the yard requirements of any district where there are severe practical difficulties or extreme hardships in the carrying out of these provisions due to an irregular shape or size of the lot, the sites of pre-existing buildings, topographical or other site conditions; provided, that such variance shall not have a serious adverse impact on any adjoining property or the general welfare or establish an unsatisfactory precedent for other locations and situations.
6. 
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on the date of adoption of this Chapter.
[R.O. 2008 §26-112; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5165 §1, 12-13-2010]
A. 
Appointment. A Zoning Administrator shall administer and interpret this Chapter pursuant to Section 120.130 of this Code.
B. 
Duties. The Zoning Administrator or his/her duly designated and acting deputy shall enforce and perform those tasks necessary for administration of this Chapter and of Chapter 410, Subdivision and Development of Land. In addition to and in furtherance of this authority, the Zoning Administrator shall:
1. 
Determine compliance with all relevant zoning provIsions, standards and conditions of all applications for building permits as provided in this Chapter and other applicable City ordinances.
2. 
Conduct inspections of all buildings, structures and use of land to determine compliance with, or violations of, the provisions of this Chapter.
3. 
Furnish to the various departments, officers or employees of the City vested with the authority to issue permits or licenses such information as will ensure the proper administration of this Chapter.
4. 
Receive, check for compliance with the various submission requirements contained herein and Chapter 410.
5. 
Forward to the Commission and Board of Adjustment, as applicable, all papers constituting the record upon which actions appealed from are taken.
6. 
Report annually in writing to the Commission and the City Administrator on the administration of this Chapter with special attention to enforcement problems and deficiencies in its content, procedures and standards.
7. 
Maintain permanent and current records of this Chapter including reports, memoranda and correspondence relating to the various actions and determinations of the Planning and Zoning Commission, Board of Adjustment and City Council relative to this Chapter.
8. 
Perform the duties of Executive Secretary to the Board of Adjustment.
9. 
Notify in writing, if any violations of the provisions of this Chapter are found, the persons responsible for such violation. In giving notification, the Zoning Administrator shall indicate the nature of the violation and order the action necessary to correct it. He/she shall order discontinuation of any illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions or alterations, discontinuance of any illegal work being done or take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions.
10. 
Act as liaison between the other departments of the City and the Planning and Zoning Commission.
11. 
From time to time prepare and submit to the City Council for its consideration a recommended schedule of fees and charges to be assessed in connection with the procedures outlined in this Chapter.
[R.O. 2008 §26-113; Ord. No. 1903 §1, 11-24-1997; Ord. No. 4091 §1, 6-25-2007; Ord. No. 5165 §1, 12-13-2010]
A. 
Generally. The City Council may, from time to time, on the receipt of a recommendation from the Planning and Zoning Commission, amend, modify or revise by ordinance the boundaries and/or classification of districts (hereafter referred to as a "rezoning") or the regulations or restrictions herein established (hereafter referred to as a "text amendment"). Written application for any amendment may be filed by the Mayor, any member of the City Council or Planning and Zoning Commission or the Zoning Administrator. Applications may also be filed by any governmental body or person who either owns property that would be affected by the proposed amendment or who has a financial, contractual or proprietary interest in property that would be affected by the proposed amendment and also submits the property owner's consent to the application.
B. 
Application And Submission Requirements. The application shall be made on a form provided by the Zoning Administrator. The application shall be signed by the applicant and shall state the applicant's name, mailing address, telephone number, and (if available) e-mail address as well as:
1. 
Text amendments. An application for text amendment shall set forth the new text to be added and existing text to be deleted.
2. 
Rezoning. An application for a rezoning shall include a legal description of the property to be changed from one category to another, as well as a map or overlay on the existing map graphically describing said change, and any required site concept or site development plan. An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures adopted by the Planning and Zoning Commission and shall be filed with the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free.
Every request for rezoning of property to one (1) of the following zoning districts shall be accompanied by a site concept or site development plan for approval pursuant to Section 405.1080:
"AR"
Attached Single-Family Residential
"HE"
Higher Education
"PH"
Planned Hospital
"PO"
Planned Office
"RO"
Research and Office Park
"MX"
Mixed Use
"PC"
Planned Community
"GC"
General Commercial
"CB"
Core Business
"LI"
Light Industrial
The action of the Planning and Zoning Commission approving, disapproving or conditionally approving the site concept or site development plan shall accompany its recommendation to the City Council regarding the rezoning.
C. 
Limitations Of Filing.
1. 
An application for text amendment or rezoning shall not be accepted by the Zoning Administrator:
a. 
If the application does not comply with all the requirements of this Section and any regulation published pursuant thereto or if required fees and escrows have not been submitted.
b. 
If a previous application for rezoning the same property was approved or denied within twelve (12) months of this new application. The application shall be accepted, however, if the Zoning Administrator determines that substantial new facts warrant reapplication.
2. 
An application for a text amendment or rezoning filed by the Mayor, a member of the City Council or the Planning and Zoning Commission or the Zoning Administrator may be accepted at any time regardless of the time limitations stated above.
3. 
After the Zoning Administrator has accepted and determined to be complete an application for rezoning by a private person, the application may not be modified as to the area proposed to be rezoned or as to the class of zone requested, unless the Zoning Administrator, the Planning and Zoning Commission or the City Council, at their discretion, allow such modification.
D. 
Application Review Procedure.
1. 
Zoning Administrator. The Zoning Administrator shall receive the application and determine whether it is complete with respect to all applicable submission requirements, Upon an affirmative determination, the Zoning Administrator shall promptly: (1) forward the application to the Planning and Zoning Commission, Mayor and City Council, (2) cause notice of the application to be publicly posted at the Government Center in the same manner as Commission meeting agendas, (3) cause a sign regarding the rezoning to be posted on the affected property, or for text amendment at the Government Center, and (4) cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the Zoning Administrator's review and any accompanying coordinated review of a site concept and site development plan shall have been completed prior to date of the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and submit a report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting,
2. 
Planning and Zoning Commission. The Planning and Zoning Commission shall consider the application along with the staff report and decide whether or not to recommend approval.
3. 
Public hearing. Prior to the Commission making its decision regarding an application, the City Clerk shall set a date for a public hearing before the Commission and publish a public notice as required under Section 405.1120 of this Code and post it on the City website. In the instance of a rezoning application, the City Clerk shall also send written notice of said public hearing to the owners of the subject property and all owners of property located within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property for which a rezoning is sought, stating the nature of the proposed Zoning District Map amendment and advising of the date, time and location of the public hearing. For a text amendment no notice shall be mailed, but notice of the hearing shall also be published in the City newsletter. No application for text amendment or rezoning may be approved until after such hearing is held.
4. 
City Council. After receipt of a recommendation from the Commission, the City Council shall consider the application. In case of a protest against a text amendment or rezoning duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change 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 shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council.
E. 
Standards. Zoning regulations shall generally be made:
1. 
In accordance with a comprehensive plan;
2. 
To lessen congestion in the streets;
3. 
To secure safety from fire, panic and other damages;
4. 
To promote health and the general welfare;
5. 
To provide adequate light and air;
6. 
To prevent the overcrowding of land;
7. 
To avoid undue concentration of population;
8. 
To preserve features of historical significance; and
9. 
To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Additionally, such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.
Zoning regulations should be changed if the public welfare is not served by the zoning or if the public interest served by the zoning is greatly outweighed by the detriment to private interests. In making this determination, the City should consider the adaptability of the subject property to its zoned use and the effect of zoning on property value in assessing private detriment. The character of the neighborhood, the zoning and uses of nearby property, and the detrimental effect that a change in zoning would have on other property in the area are relevant to the determination of public benefit.
[R.O. 2008 §26-114; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2091 §2, 11-27-2000; Ord. No. 5123 Exh. A, 2-22-2010; Ord. No. 5165 §1, 12-13-2010; Ord. No. 5381 §6, 7-14-2014; Ord. No. 5620, 12-10-2018; Ord. No. 5864, 11-27-2023]
A. 
Generally.
1. 
The purpose of conditional use permits is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the City may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.
2. 
The City Council may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly allowed as a conditional use in a particular zoning district; however, the City Council reserves full authority and discretion to deny any request for a conditional use including but not limited to because it determines the use as proposed does not clearly meet one (1) or more of the standards set forth in Subsection (E) of this Section or to impose conditions of approval of the use to address concerns related to those standards. The City Council may revoke approval at any time upon a determination that a previously approved conditional use has become unsuitable and/or incompatible in its location based on deviations in the use from the original proposal pertaining to the standards of Subsection (E) of this Section .
3. 
An application for a conditional use permit may be filed by the owner of the subject property or any person with a financial, contractual or proprietary interest in the subject property who also submits the owner's consent to the application.
B. 
Application And Submission Requirements. The application and all required fees and reserve deposits shall be filed in the Department of Community Development using forms provided by the Zoning Administrator. The application shall be signed by the applicant and shall state the applicant's name, mailing address, telephone number, and (if available) e-mail address. The application shall contain a metes and bounds legal description of the property and such information as the Planning and Zoning Commission may prescribe, and shall include those items specified in Section 405.1080 regarding site concept and site development plan approval, as applicable.
C. 
Limitations Of Filing. An application for conditional use permit shall not be accepted by the Zoning Administrator:
1. 
If the application does not comply with all the requirements of this Section and any regulation published pursuant thereto or if required fees and escrows have not been submitted.
2. 
If a previous application for the same conditional use for the same property was denied within twelve (12) months of this new application. The application may be accepted, however, if the Zoning Administrator determines that substantial new facts warrant reapplication.
D. 
Application Review Procedure.
1. 
Zoning Administrator. The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly: (1) forward the application to the Planning and Zoning Commission, Mayor and City Council; (2) thereafter cause notice of the application to be publicly posted at the Government Center in the same manner as Commission meeting agendas; (3) cause a sign regarding the application to be posted on the affected property; and (4) cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the Zoning Administrator's review and accompanying coordinated review of the site concept and site development plan shall have been completed by the agenda preparation date for the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting.[1]
[1]
Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.
2. 
Planning And Zoning Commission. The Planning and Zoning Commission shall consider the applications under the standards of Subsection (E) of this Section and Section 405.470, as applicable to the requested conditional use, and decide whether to recommend approval to the City Council.
3. 
Public Hearing. Prior to the Commission making its recommendation regarding an application, the City Clerk or designee shall set a date for a public hearing before the Commission and publish a public notice as required under Section 405.1120 of this Code and post it on the City website. The City Clerk or designee shall also send written notice to all owners of property located within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property for which a conditional use permit is sought, stating the nature of the proposed use and advising of the date, time and location of the public hearing. No application for a conditional use permit may be approved until after such hearing is held.
4. 
City Council. After receipt of a recommendation from the Commission, the City Council shall consider the application.
E. 
Standards. The burden of persuasion shall rest with the applicant to clearly establish to the satisfaction of the City Council that the proposed conditional use will meet the following criteria. The City Council shall not approve a conditional use unless it finds that the application and information presented clearly indicate that the proposed conditional use:
1. 
Complies with all applicable provisions of this Zoning Ordinance Chapter 405 including but not limited to environmental performance standards presented in Section 405.550, the criteria in Section 405.470 and the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs.
2. 
Will contribute to and promote the welfare and convenience of the community at the specific location.
3. 
Will not cause substantial injury to the value of neighboring property.
4. 
Is consistent with the applicable provisions of the City's Comprehensive Plan and any applicable neighborhood or sector plans, unless good cause is demonstrated for deviation there from.
5. 
Will provide, if applicable, erosion control and on-site stormwater detention in accordance with the standards contained in this Chapter.
6. 
Will be compatible with the character of the surrounding area and thus will not impose an excessive burden or have a substantial negative impact on surrounding or adjacent users or on pedestrian or vehicular traffic or on community facilities or services, including but not limited to emergency services.
F. 
Upon final consideration of an application, if the motion to approve the proposed ordinance granting the conditional use permit fails, then the Director of Community Development shall prepare a proposed record of decision of disapproval, to be presented for consideration by the City Council at its next regular meeting or such later date as may be determined by the City Council. The City Council may take such time as it determines necessary before adopting a proposed record of decision of disapproval.
G. 
Conditions And Restrictions. In approving a conditional use permit application, the City Council may impose conditions and restrictions as necessary to assure that the standards of Section 405.1070(E) are complied with and the general intent of this Chapter is carried out. Exercise of the rights granted pursuant to the issued permit shall constitute acceptance of all conditions and restrictions imposed by the City Council. Any future enlargement or alteration in the use of the structure or site must be approved by the City Council upon receipt of the recommendation of the Planning and Zoning Commission as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.1150 of this Chapter.
H. 
Time Limitations. Any applicable time limitations shall be met, such as those pertaining to proposed wireless communications facilities and support structures under Sections 67.5090, RSMo., et seq., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009.[2]
[2]
Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.
I. 
Expiration.
1. 
A conditional use permit granted by the City Council shall not be valid for a period longer than one (1) year from the date it is granted, unless within such period:
a. 
A building permit is obtained, and construction is begun. construction shall be deemed to consist of clearing the site, completion of footings, basement or building slab and inspection of such work.
b. 
If a building permit is not required, an occupancy permit is obtained and the authorized use is commenced.
c. 
Notwithstanding the foregoing, a conditional use permit granted for a wireless communications facility or support structure shall not expire.
2. 
The City Council may grant extensions to the one-year period of not more than one hundred eighty (180) days each, without notice or hearing, provided that a written request for such extension is filed by the original applicant and approved by the City Council prior to the date the conditional use permit is scheduled to expire.
[R.O. 2008 §26-115; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2024 §1, 9-27-1999; Ord. No. 5165 §1, 12-13-2010; Ord. No. 5243 §4, 2-13-2012; Ord. No. 5381 §7, 7-14-2014; Ord. No. 5431 §15, 7-27-2015]
A. 
Purpose And Intent. The purpose of the site concept, site development plan and minor site plan approval procedures is to enable the City to consider potential impacts upon the area in the vicinity of the property, to ensure consistency with good planning practice and to ensure high standards of site design for the general welfare of the City and its residents.
B. 
Types Of Site Plans.
1. 
Site plans shall be divided among site concept plans, site development plans and minor site plans. Within this Section, requirements for site development plans do not apply to site concept plans or minor site plans unless specifically indicated.
2. 
A site development plan shall be required for:
a. 
Any conditional use.
b. 
Any project which includes the development of a parcel of land that contains no buildings or for which the existing buildings are to be removed and a new building or buildings constructed.
c. 
Any development that is adding more than five thousand (5,000) square feet of new impermeable surface to a site, and
d. 
Any development which will add less than five thousand (5,000) square feet of new impermeable surface to a site where such site has previously received one (1) or more minor site plan approvals and the sum total of the impermeable surface added and proposed to be added to the site exceeds five thousand (5,000) square feet.
3. 
Minor site plans shall be required for:
[Ord. No. 5728, 1-25-2021]
a. 
Any proposed alteration involving significant new impermeable surfaces or exterior changes to a building or site provided that any such expansion, change or redevelopment shall not add more than five thousand (5,000) square feet of new impermeable surface to the site. More than one (1) minor site plan may be approved for an individual site, provided that the sum total of the new impermeable surface of all of the minor site plans does not exceed five thousand (5,000) square feet.
4. 
If there is any question or ambiguity in these regulations when determining whether a proposed development must file a site development plan or a minor site plan, the applicant shall be required to file a site development plan and follow the procedures pertaining thereto.
C. 
Application And Submission Requirements, Generally.
1. 
An application for site concept or site development plan approval or minor site plan approval may be filed by the owner of the property to be developed according to the submitted plan or any person with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan who also submits the owner's consent to the application.
2. 
All applications for site concept or site development plan approval or minor site plan shall be filed in the office of the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free. An application shall contain information as prescribed herein as well as such additional information as the Planning and Zoning Commission may prescribe by administrative regulations.
a. 
All applications shall be signed by the applicant and shall state the applicant's name, mailing address, telephone number, and (if available) e-mail address.
b. 
The site concept or site development plan or minor site plan shall include all necessary data and drawings in order that the Zoning Administrator can determine whether the proposed use and development complies with the district requirements and that City departments affected by the project may assess the impact of the proposed development on public facilities and services and on the surrounding area.
D. 
Site Concept Plans. When a site or project greater than ten (10) acres in size or a tract of a different size as required elsewhere in this Chapter provides for the construction of a complex of buildings and site improvements, such as hospital, college or universities, and mixed use developments to be developed over an extended period of time or in multiple phases, a site concept plan shall be submitted for approval by the Planning and Zoning Commission and, if required by the zoning ordinance, the Creve Coeur City Council. This site concept plan shall contain at least the following information:
1. 
The location of the parcel in relation to all surrounding and adjacent uses, buildings and zoning;
2. 
The location of the parcel in relation to major arterials and/or highways and any roadways or drives connecting the parcel to those major thoroughfares;
3. 
The boundaries, dimensions and area of the parcel;
4. 
The proposed use and development of the parcel including principal and accessory uses;
5. 
The location and size of each existing structure and building on the parcel;
6. 
The footprint of each proposed building or structure on the parcel;
7. 
The height and number of stories of all proposed buildings and structures;
8. 
The amount of land area covered by all proposed buildings, structures, drives and parking facilities;
9. 
The ratio of floor area to land area (FAR);
10. 
Approximate locations of existing and proposed utility easements and stormwater retention areas;
11. 
Existing and proposed contours at vertical intervals of not more than five (5) feet;
12. 
Two (2) section profiles through the site showing preliminary building form, existing natural and proposed final grade;
13. 
Preliminary plan for sanitation and drainage facilities;
14. 
Drawings shall contain the project name, street names, a scale, north arrow and the date drawn and the scale for all drawings shall be no smaller than one (1) inch equals fifty (50) feet.
A site development plan shall then be submitted with applicable fees and escrow, for each specific building or phase within the project, for review and approval of the appropriate body. Such site development plan shall be submitted in advance of or in conjunction with an application for a building permit. Of primary importance in the review of a site development plan will be a determination that the plan complies with the site concept plan approved for the total development or project
Either the City of Creve Coeur or the applicant may call for updates to the site concept plan at any time, as conditions or circumstances change.
E. 
Site Development Plans.
1. 
For a site development plan to be accepted for review, the following information shall be either placed on the site development plan or on a separate sheet accompanying the plan:
a. 
All submissions to the City's Planning and Zoning Commission and City Council shall be properly sealed and signed by a licensed architect, professional engineer or land surveyor registered in the State of Missouri pursuant to laws and regulations established by the Missouri Board for Architects, Professional Engineers and Land Surveyors. An original seal, signature and print date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction of a licensed architect, professional engineer or land surveyor. All other submissions shall be copies of the original set.
b. 
Location map, north arrow and plan scale.
c. 
Current zoning classification, proposed zoning classification, subdivision name, lot number and zoning of adjacent parcels.
d. 
Title block including name of proposed project, name, address and phone number of preparers and project applicant or owner.
e. 
Proposed use of each building and distance from adjacent property lines and required setback lines.
f. 
The location and size of each building on the site.
g. 
Legal description of the parcel or lot, the dimensions and area of the lot or site.
h. 
The height and number of stories of the proposed building or buildings.
i. 
Building schematic elevations depicting general size, shape and special design elements proposed as well as proposed materials to be used. Include two (2) sections at ninety degrees (90°) from each other through the proposed site and building(s).
j. 
Location and identification of all easements (existing and proposed).
k. 
Identification of utilities serving the site, water shed, fire district and school district.
l. 
Location of existing and proposed sewage treatment, stormwater collection and detention (if applicable) and preliminary stormwater runoff calculations (if applicable) — amount of detention required and provided.
m. 
Existing and proposed contour lines or elevations based on mean sea level datum.
n. 
Site coverage data in a percentage form (a ratio of building and paved area to green space).
o. 
The ratio of floor area to the site area (FAR).
p. 
The location and number of proposed parking spaces, surface lot or structures, in relation to the applicable parking regulations in Article VII. The layout shall include curb cuts, sidewalks, dimensional driveways and typical parking spaces showing physically disabled parking and accessibility.
q. 
Location and height of all light poles and trash enclosures.
r. 
Existing and proposed landscaping including a concept landscape plan as described in Section 405.540 including related site improvements such as walls, berms, fences, street furniture, water features and walkways.
s. 
Photometric study.
2. 
The site development plan shall be submitted with the appropriate applications, fees and escrows and shall contain, at a minimum, the information required above. Additional information to be placed on the site development plan beyond the requirements listed above may be requested by authorized departmental representatives of the City of Creve Coeur. Possible additional information includes, but is not limited to, report on project features, anticipated project schedule or phasing schedule, floodplain study and traffic impact study.
F. 
Minor Site Plans. An application for minor site plan approval shall include applicable fees and escrow and a site plan containing the following:
1. 
All submissions to the City's Planning and Zoning Commission and City Council shall be properly sealed and signed by a licensed architect, professional engineer or land surveyor registered in the State of Missouri pursuant to laws and regulations established by the Missouri Board for Architects, Professional Engineers and Land Surveyors. An original seal, signature and print date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction and control of a licensed architect, professional engineer or land surveyor. All other submissions shall be copies of the original set.
2. 
Location map, north arrow and plan scale.
3. 
Current zoning classification, subdivision name, lot number and zoning of adjacent parcels.
4. 
Title block including name of project, name, address and phone number of preparers and project applicant or owner.
5. 
Proposed use of any new or expanded building and distance from adjacent property lines and required setback lines.
6. 
The location and size of each building on the site.
7. 
Legal description of the parcel or lot, the dimensions and area of the lot or site.
8. 
The height and number of stories of any proposed building or addition to an existing building.
9. 
Location and identification of all existing and proposed easements.
10. 
Proposed changes to contour lines or elevations based on mean sea level datum.
11. 
Site coverage data in a percentage form (ratio of building and paved area to green space).
12. 
Floor area ratio (FAR).
13. 
The number of existing and proposed parking spaces and the location of any proposed parking spaces in relation to the applicable parking regulations in Article VII of this Chapter.
14. 
The layout of any proposed curb cuts, sidewalks, dimensional driveways and typical parking spaces showing physically disabled parking and accessibility. If no changes are proposed to the parking area, this information will not be required.
15. 
Location and height of all proposed light poles and trash enclosures, if applicable.
16. 
Existing and proposed landscaping including a concept landscape plan as described in Section 405.540 including related site improvements such as walls, berms, fences, street furniture, water features and walkways.
G. 
Review Procedure, Site Concept And Site Development Plans.
1. 
A site concept or site development plan shall be submitted with the application for site concept or site development plan approval on a form provided by the Zoning Administrator which shall contain, at a minimum, that information required by any district specific regulations in addition to the application and submission requirements of Section 405.1080. An application for site concept or site development plan approval shall not be accepted by the Zoning Administrator if the application does not comply with all the requirements of this Section and any regulation pursuant thereto or if the required fees and escrows have not been submitted.
2. 
The Zoning Administrator shall coordinate the review and analysis of the site concept or site development plan application by the City staff including other affected City departments before any final action may be taken on the application.
3. 
The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly:
a. 
Forward the application to the Planning and Zoning Commission, Mayor and City Council,
b. 
Cause notice of the application to be publicly posted in the same manner as Commission meeting agendas,
c. 
Cause a sign regarding the application to be posted on the affected property, and
d. 
Cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the coordinated review shall have been completed prior to date of the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting.
4. 
In considering any application for approval of a site development plan, the Planning and Zoning Commission and City Council shall consider the following factors:
a. 
The relationship of proposed uses, functions, sites and buildings within the development tract to each other;
b. 
The relationship of proposed uses, functions, sites and buildings within the tract to existing land uses and the permitted uses of adjoining tracts in accordance with correct zoning;
c. 
The provisions and distribution of adequate parking facilities;
d. 
The provision of proper means of access to and from public roads;
e. 
The provision of site amenities including landscaping and fences;
f. 
Applicable design guidelines; and
g. 
Any other factors relevant to the public health, safety and convenience and general welfare of the residents of the City.
5. 
After the Planning and Zoning Commission receives the site concept or site development plan application and associated documents, it shall review the application and report it has received from the Zoning Administrator. The Planning and Zoning Commission may then either approve, disapprove or conditionally approve the site concept or site development plan application or forward its recommendation to the City Council if required elsewhere by this Chapter.
6. 
Once a site development plan, which contains the necessary information required by Section 405.1080, receives approval of the Planning and Zoning Commission, or the City Council if required elsewhere by this Chapter, further review of the final building, construction and site improvement plans by the Planning and Zoning Commission or the City Council will not be required, provided those final plans are consistent with and in substantial compliance with the approved site development plan,
The City staff will review the final plans for consistency with the approved site development plan. Should the City staff, in its judgment, note "substantive changes" as defined in Section 405.120 between the final plans and the approved site development plan, the plans will be referred back to the Planning and Zoning Commission and, if required, the City Council for review and approval of the changes prior to issuance of any construction permits by the City staff.
H. 
Review Procedure, Minor Site Development Plans.
1. 
A minor site development plan shall be submitted with the application for minor site development plan approval on a form provided by the Zoning Administrator which shall contain, at a minimum, that information required by any district specific regulations in addition to the application and submission requirements of Section 405.1080(F). An application for minor site development plan approval shall not be accepted by the Zoning Administrator if the application does not comply with all the requirements of this Section and any regulation pursuant thereto or if the required fees and escrows have not been submitted.
2. 
The Zoning Administrator shall coordinate the review and analysis of the minor site plan application by the City staff including other affected City departments before any final action may be taken by on the application.
3. 
The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly:
a. 
Forward the application to the Planning and Zoning Commission, Mayor and City Council,
b. 
Cause notice of the application to be publicly posted in the same manner as Commission meeting agendas,
c. 
Cause a sign regarding the application to be posted on the affected property, and
d. 
Cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the coordinated review shall have been completed prior to date of the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting.
4. 
After the Planning and Zoning Commission receives the minor site plan application and associated documents, it shall review the application and report it has received from the Zoning Administrator. The Planning and Zoning Commission may then approve, disapprove or conditionally approve the minor site plan.
I. 
Time Limitations. Any applicable time limitations shall be met, such as those pertaining to proposed wireless communications facilities and support structures under Sections 67.5090, RSMo. et seq. and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009.[1]
[Ord. No. 5620, 12-10-2018]
[1]
Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.
J. 
Conditions And Restrictions.
1. 
In approving a site concept, site development plan or minor site plan application, the Planning and Zoning Commission or City Council may impose conditions and restrictions and may vary the standards and prescribe development standards within the range of such discretion as prescribed elsewhere in this Chapter, so long as the general intent of this Chapter is carried out. In no event, however, shall any permitted use or use regulations be varied so as to make them less restrictive than prescribed in the district regulations contained in Article VI of this Chapter.
2. 
In its review and approval of a site concept, site development or minor site plan application for any zoning district, the Planning and Zoning Commission or City Council may increase the minimum requirements designated in the applicable sections of this Chapter including, but not limited to, front yard, side yard or rear yard setbacks based upon its review of the individual site's topography, the building's orientation in relationship to street rights-of-way and adjoining properties, the building materials used and the mass and height of the building. The purpose of such increases in the minimum requirements shall be to minimize any adverse impacts of the proposed development on adjoining or nearby properties and the general community.
3. 
If the Planning and Zoning Commission or City Council imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted final approval of a site development plan or minor site plan and building and occupancy permits.
4. 
Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.1150 of this Chapter.
K. 
Period Of Validity For Site Concept Plan, Site Development Plan And Minor Site Plan Approval.
1. 
Site concept plans approved by the City of Creve Coeur shall be valid for a period of up to eight (8) years from the date of approval. After the eighth year, a site concept plan will no longer be valid unless an extension is granted as set forth below. The City of Creve Coeur may grant one (1) one-year extension prior to the expiration of the site concept plan upon written request of the applicant submitted to the City at least one hundred eighty (180) days prior to the expiration date and granted prior to the expiration date.
2. 
Upon such written request for a one-year extension, the Planning and Zoning Commission and City Council, when required, does, however, have the power to disapprove the extension or to attach new conditions to the extension, based upon any change in circumstances or changes in the City's ordinances since the time that the application was originally approved. Where the application for a one-year extension contains changes, which the Zoning Administrator concludes substantially or materially alters the initial application, the Zoning Administrator shall initiate a new site concept plan review procedure as stated in Section 405.1080.
3. 
An application to amend an existing site concept plan may be submitted at least one hundred eighty (180) days before the date of expiration and granted prior to the expiration date. The City does, however, have the power to disapprove the application or to attach new conditions to the existing site concept plan, based upon any change in circumstances or changes in the City's ordinances since the time that the application was originally approved. Once the City of Creve Coeur has granted an amendment to an existing site concept plan which has not yet expired, such amended site concept plan is subject to a period of validity no longer than eight (8) years from the date of approval of the amended plan, unless a one-year extension is granted as set forth above. An application to amend an existing site concept plan shall be subject to the same procedures as an original application.
4. 
No site development plan or minor site plan approval shall be valid for a period longer than twelve (12) months from the date it is approved, unless within such period a building permit is obtained and substantial construction is commenced. Substantial construction shall be deemed to consist of clearing the site, completion of footings, basement or building slab and inspection of such work. The Planning and Zoning Commission and the City Council, when required, may grant extensions not exceeding twelve (12) months each upon written request of the original applicant prior to the expiration of such period and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Commission and the Council, as applicable, have the power in such cases to attach new conditions to their re-approval or to disapprove the reapplication. Where the application for re-approval contains changes which the Zoning Administrator concludes materially alter the initial application, the Zoning Administrator shall initiate a new site development plan review procedure as stated in Section 405.1080 or a new minor site plan review procedure as stated in Section 405.1080.
5. 
Notwithstanding the foregoing, a site concept plan or site development plan approved for a wireless communications facility or support structure shall not expire.
[1]
Editor's Note — Ord. no. 5165 §1, adopted December 13, 2010, repealed sections 405.1090 "building permits" and 405.1100 "occupancy permits" in their entirety. Sections 405.1090 — 405.1100 derived from R.O. 2008 §§26-116 — 26-117; ord. no. 1903 §1, 11-24-1997; ord. no. 3063 §9, 5-23-2005.
[R.O. 2008 §26-118; Ord. No. 1903 §1, 11-24-1997; Ord. No. 1945 §1, 6-22-1998; Ord. No. 5165 §1, 12-13-2010]
A. 
Authorization For Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, the Board of Adjustment may vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures, signage or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. Applications may be filed by any governmental body or person who either owns property that would be affected by the proposed variance or who has a financial, contractual or proprietary interest in property that would be affected by the proposed variance and also submits the property owner's consent to the application.
B. 
Application And Submission.
1. 
An application for variance shall be filed in the office of the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free. The Zoning Administrator shall review the application to determine whether it complies with all applicable requirements. Upon an affirmative determination, the Zoning Administrator shall promptly:
a. 
Forward the application to the Board of Adjustment, Mayor and City Council;
b. 
Cause notice of the application to be publicly posted at the Government Center in the same manner as Commission meeting agendas,
c. 
Cause a sign regarding the application to be posted on the affected property, and
d. 
Cause the application to be made publicly available on the City website,
all at least ten (10) days prior to the date of the meeting of the Board of Adjustment at which the application is first considered. The Zoning Administrator shall prepare a report describing the circumstances of the application, The Zoning Administrator shall forward the report and any recommendations or actions of any other City department or agency to the Board of Adjustment, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of the meeting.
2. 
The application shall contain the following information, as well as such additional information as the Board of Adjustment may prescribe by regulation:
a. 
The particular requirements of this Chapter which prevent the proposed construction;
b. 
The characteristics of the subject property which prevent compliance with the requirements of this Chapter;
c. 
The particular hardship which would result if the specific requirements of this Chapter were applied to the subject property; and
d. 
The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed construction.
C. 
Hearing And Procedural Rules. The Board of Adjustment shall hold a public hearing on each application for variances. The City Clerk shall publish notice in accordance with the provisions of Section 405.1120. The Board of Adjustment shall also send written notice by first class mail stating the nature of the proposed variance or appeal to all owners of property located within three hundred (300) feet of the boundaries of the property for which a variance or appeal is sought as well as to the owners of the subject property.
D. 
Criteria For Variances, Generally. The Board of Adjustment shall not grant a variance as authorized herein unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support all of the following conclusions:
1. 
The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district;
2. 
The variance requested is because of a unique hardship not created by the applicant or owner of the property;
3. 
The granting of the variance shall not adversely affect adjacent property owners or residents;
4. 
The strict application of the provisions of this Chapter from which a variance is requested will cause severe practical difficulty or extreme hardship for the property owner represented in the application;
5. 
The variance desired will not adversely affect the public health, safety, order, convenience or general welfare of the community; and
6. 
Granting the variance desired will not violate the general spirit and intent of this Chapter.
E. 
Criteria For Area Variances. In addition to the criteria listed in Section 405.1110(D) an applicant for an area variance or a variance to any regulation contained in the zoning ordinance, except for regulations dealing with the use of land which are included in Section 405.1110(F), must meet the following criteria:
1. 
By reason of exceptional narrowness, shallowness or shape of the specific piece of property or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually create a hardship to the property in a manner dissimilar to that of other similarly situated property in the zoning district in which it is located.
2. 
Granting the variance would not result in the diversion of additional stormwater that would adversely affect adjacent property.
F. 
Criteria For Use Variances. In addition to the criteria listed in Section 405.1110(D), an applicant for a use variance must meet the following criteria:
1. 
The applicant must be suffering unnecessary hardship in carrying out the strict letter of the ordinance. Unnecessary hardship can be shown by the applicant if he/she demonstrates the following:
a. 
He/she is deprived of all beneficial use of the property or that he/she would incur unwarranted economic hardship in achieving a permitted use;
b. 
The conditions causing the hardship are unique and peculiar to the applicant's property and are not prevalent in the neighborhood; and
c. 
The hardship must be due to conditions not personal to the owner, but rather to conditions affecting the land, thereby making the land unsuitable for the permitted uses in the zone in which it lies.
2. 
The applicant must prove that relief is necessary because of the unique character of the property.
3. 
The proposed variance will not conflict with the City's Comprehensive Plan.
4. 
The use proposed by the applicant must be specific and must be a use that is allowed as a permitted use in at least one (1) other zoning district in the City.
G. 
Decisions And Records. The Board of Adjustment shall render and send to the applicant a written decision on an application for a variance without unreasonable delay and in no case after more than thirty (30) days of the decision. The Zoning Administrator shall be informed of the decision and shall be responsible for enforcement. The Zoning Administrator shall promptly:
1. 
Forward the decision to the Mayor and City Council;
2. 
Forward the decision to all persons who participated in the public hearing and the property owner; and
3. 
Make the decision publicly available on the City website.
H. 
Period Of Validity. No variance granted by the Board of Adjustment shall be valid for a period longer than three hundred sixty-five (365) days from the date on which it grants the variance, unless within such period:
1. 
A building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently toward completion; or
2. 
An occupancy permit is obtained and a use or occupancy commenced. The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
I. 
Authorization For Appeals — Appeals To The Board Of Adjustment. Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer or by the interpretation or administration of this Chapter; provided however, that the Board of Adjustment shall not have jurisdiction to hear appeals from conditional use permits (see Section 405.1070), residential designed development (see Section 405.450(D)) or other decisions from the City Council related to this zoning ordinance.
J. 
Procedure For Appeals.
1. 
Time for appeals. Notice of appeal shall be filed within a reasonable time, not to exceed thirty (30) days from the event or action appealed from occurred.
2. 
Filing. The person taking the appeal shall file in the office of Community Development. A fee shall be paid to the Community Development Department at the time the appeal is filed; the amount of the fee shall be determined by the City Council.
3. 
Procedure. The Board of Adjustment shall notify the officer or the department from whom the appeal is taken. The officer or department shall immediately transmit to the Board of Adjustment all the papers and documents constituting the records of the actions or events which are being appealed. The Zoning Administrator shall receive the appeal and determine whether it complies with all applicable submission requirements. Upon an affirmative determination, the Zoning Administrator shall promptly:
[Ord. No. 5431 §16, 7-27-2015]
a. 
Forward the appeal to the Board of Adjustment, Mayor and City Council,
b. 
Cause notice of the appeal to be publicly posted at the Government Center in the same manner as Commission meeting agendas,
c. 
Cause a sign regarding the appeal to be posted on the affected property, and
d. 
Cause the appeal to be made publicly available on the City website,
all at least ten (10) days prior to the date of the meeting of the Board of Adjustment at which the application is first considered. The Zoning Administrator shall prepare a report describing the circumstances of the application. The Zoning Administrator shall then forward the report and any recommendations or actions of any other City department or agency to the Board of Adjustment, Mayor and City Council in advance of the meeting at which the appeal is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of the meeting.
4. 
Public hearing. The Board of Adjustment shall set a date for a public hearing and notice of this hearing shall be given according to the provisions of Section 405.1120. The hearing shall be held no later than sixty (60) days from the date the appeal is filed. The Board of Adjustment shall also send written notice by first class mail stating the nature of the proposed variance or appeal to all owners of property located within three hundred (300) feet of the boundaries of the property for which a variance or appeal is sought as well as to the owners of the subject property.
5. 
Decisions on appeals. Within thirty (30) days of the close of the public hearing, the Board of Adjustment shall affirm or reverse, fully or partly, or modify the order, requirement, decision or determination or other event or action appealed from. The Board of Adjustment shall be guided in its deliberations by the Comprehensive Plan of the City and any special area plans and the purpose and intent of this Code and all Sections thereof. The Zoning Administrator shall promptly:
a. 
Forward the decision to the Mayor and City Council;
b. 
Forward the decision to all persons who participated in the public hearing and the property owner; and
c. 
Make the decision publicly available on the City website.
6. 
Stay of proceedings. An appeal stays all proceedings that concern the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after he/she received notice of appeal that by reason of facts certified by him/her, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except in the following:
a. 
In accordance with a restraining order issued by the Board of Adjustment or a court of record;
b. 
If the appellant shows good cause why a stay should not be allowed and upon notice to the officer or department from whom the appeal is taken and that there is to be no stay of proceedings.
K. 
Appeals To The Circuit Court — Authorization. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.
[R.O. 2008 §26-119; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5165 §1, 12-13-2010]
A. 
Whenever the provisions of this Chapter require publication of notice of a public hearing under this Section, the procedures herein shall govern.
1. 
Time of publication, content. It is the responsibility of those officials conducting the hearing to see that at least fifteen (15) days' notice of the time and place of the hearing is published in a newspaper of general circulation in the City of Creve Coeur. The notice shall state the time and place of the hearing and the subject matter of the hearing. When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons prior to the hearing.
2. 
Record of proceedings. The official or officials holding the hearing shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony.
3. 
Whenever the provisions of this Chapter require posting of a sign:
a. 
For matters concerning a single residential lot, the sign shall be at least one and one-half (1.5) feet by two (2.0) feet;
b. 
For other matters the sign shall be at least two (2.0) feet by three (3.0) feet.
[R.O. 2008 §26-120; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5165 §1, 12-13-2010]
Upon receipt of the recommendations of the City Administrator and the Zoning Administrator, the City Council shall periodically establish a schedule of fees, charges and expenses, escrows, and a collection procedure for all matters pertaining to this Chapter. The schedule of fees shall be filed with the City Clerk and in the office of the Zoning Administrator. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any matter or on any appeal provided by this Chapter.
[R.O. 2008 §26-121; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5165 §1, 12-13-2010]
A. 
Zoning Administrator. This Chapter shall be enforced by the Zoning Administrator with the assistance and cooperation of the Building Official. The construction, reconstruction and/or alteration of buildings shall not be undertaken and the development of land shall not be commenced except in accordance with the provisions of this Chapter. No permit or application for the construction, alteration or change of use of buildings or land shall be approved if the proposed use or activity would be in violation of this Chapter.
B. 
Notice Of Violation And Sanctions. If the Zoning Administrator finds that any of the provisions of this Chapter are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall take any other action authorized by law to ensure compliance with or to prevent violation of the provisions of this Chapter.
C. 
Conformance With Approved Plans And Conditions. All permits issued on the basis of plans and/or applications approved by the Building Commissioner, Zoning Administrator, Planning and Zoning Commission and/or City Council shall authorize only the use, arrangement and/or construction set forth in such approved plans and/or applications and no other use, arrangement or construction.
[RSMo. §89.120; R.O. 2008 §26-122; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5165 §1, 12-13-2010]
A. 
Violations. Violations of this Chapter shall include, but are not limited to, the following:
1. 
The use, alteration or construction of buildings or the use or improvement of land of a site not in accordance with the provisions of this Chapter or with approvals given or permits issued pursuant to this Chapter.
2. 
Failure to obtain permits as required by this Chapter.
3. 
Failure to comply with the terms, conditions or restrictions of a variance (Section 405.1080) issued pursuant to this Chapter.
B. 
Persons Liable For Violation. Those chargeable, singly or jointly, with violations of this Chapter shall include, but are not limited to, the following:
1. 
Those who commit, assist in or otherwise participate in a violation.
2. 
The owner or other persons who maintain the building, premises, property or other place where the violation has been committed or exists.
3. 
The owner's agent or person in charge of the building, premises, property or other place where the violation has been committed or exists.
4. 
The lessee or tenants of all or part of the building, premises, property or other place where the violation has been committed or exists.
5. 
The developer, agent, architect, contractor, subcontractor or any other person who performs work or enters into a contract for work in violation of this Chapter.
C. 
Sanctions. The Building Official and the Zoning Administrator shall enforce this Chapter and are authorized to institute any appropriate actions or proceedings to prevent or to halt such unlawful use of such construction.
D. 
Violations And Penalties.
1. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, or of any ordinance or other regulation made under authority conferred by Sections 89.010 to 89.140, RSMo., the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.
2. 
The owner or general agent of a building or premises where a violation of any provision of said regulations 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 the 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 be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each and every day that 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.
3. 
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).