[Ord. No. 330 §1(3), 7-12-1999]
A.
To
assist the Board of Aldermen in administering and enforcing the regulations
contained in this Chapter, the following are established:
[Ord. No. 330 §1(4), 7-12-1999; Ord. No. 729 §1, 6-16-2008; Ord. No. 745 §§1 — 3, 6-15-2009]
A.
Composition. Pursuant to Section 89.310, RSMo., the City
of Foristell may make, adopt, amend and carry out a City Plan and
appoint a Planning and Zoning Commission. The Commission shall consist
of not more than twelve (12) and not less than seven (7) members of
which at least five (5) are citizens appointed by the Mayor and approved
by the Board of Aldermen. The remaining members will be the Mayor,
a member of the Board of Aldermen selected by the Board of Aldermen
and the City Code Enforcement Officer. All citizen members of the
Commission shall serve without compensation. The term of each appointment
shall be for four (4) years except that the terms of the citizen members
first (1st) appointed shall be for varying periods so that succeeding
terms will be staggered. Any vacancy in a membership shall be filled
for the unexpired term by appointment fore mentioned. The Board of
Aldermen may remove any citizen member for cause stated in writing
and after public hearing. The number of members of the Foristell Planning
and Zoning Commission shall consist of seven (7) members and two (2)
alternates appointed by the Mayor and approved by the Board of Aldermen.
In the event that the member of the Board selected by the Board is
unavailable for a scheduled meeting, the Mayor may designate another
Board member to attend such meeting subject to approval by the Board
if time permits.
B.
Organization. The Commission shall elect annually from its
membership a Chairman, Vice Chairman and from time to time shall provide
such rules and regulations consistent with this Code and State laws
for its own organization and procedures. The Commission shall appoint
the City Clerk or their designee as the official recording secretary
for the Planning and Zoning Commission. The Commission shall hold
regular meetings and special meetings as its rules provide and shall
keep public record of its proceedings. The Commission shall be required
to obtain Board of Aldermen approval to appoint employees or staff
necessary for any work, to contract City planners or other professionals
for any services or to make any other expenditures. The Commission
shall meet the second (2nd) Thursday of each month or as so decided
by the Commission.
C.
Reports. The Commission shall submit a copy of the Draft
Planning and Zoning Commission meeting minutes to the Board of Aldermen
to be included in the Board of Aldermen information packet at the
next regularly scheduled Board meeting.
D.
Purposes, Powers And Duties. The Commission shall:
1.
Advise and recommend to the Board of Aldermen for adoption, based
on comprehensive surveys and studies of existing conditions and probable
future growth, a plan for the City's physical development, including
the location, length, width and arrangements of the streets, alleys,
boulevards and parkways; bridges and viaducts; parks, playgrounds,
recreation areas or other public grounds or improvements; the platting
of public property into lots, streets or alleys; the location of railroad
or streetcar lines, transportation or other channels of communication
of any kind; the grouping of public buildings; the design and placement
of memorials, art works, power and lighting plants, street lighting
standards, telegraph, telephone and electric poles, street name signs,
billboards or projecting signs; the elimination of railroad grade
crossings; and other items pertaining to the welfare, housing, appearance
or beauty of the City or any portion thereof.
2.
Recommend in connection with the City plan's execution and detailed
interpretation, such changes and adjustments deemed desirable.
3.
Prepare and recommend to the Board of Aldermen rules controlling
land subdivision and/or use.
4.
Recommend the approval or disapproval of plats for land subdivision
and/or use.
5.
Recommend legislation intended to further the purposes of City planning.
6.
Prepare and have available forms for the following procedure: amendment
applications, permit applications, variance applications and any other
applications or permits deemed necessary.
7.
Assume such other powers and duties the Board of Aldermen delegates
or State Statutes provide relative to planning of the City of Foristell.
E.
Vote Required. A majority vote of the Commission's full
membership shall be required for the adoption, amendment or extension
of its recommendations to the Board of Aldermen or for the approval
or denial of any application over which it has authority.
[Ord. No. 330 §1(5), 7-12-1999; Ord. No. 452 §1, 7-16-2001; Ord. No. 745 §4, 6-15-2009]
A.
Composition. The Board of Adjustment shall consist of five
(5) members appointed by the Board of Aldermen. The members shall
be appointed for five (5) years with the first (1st) appointments
being staggered so that only one (1) vacancy comes up each year. Members
shall serve without compensation. The members of the Board of Adjustment
shall hold no other City office. Members of the Board of Adjustment
may be removed by the Board of Aldermen for cause stated in writing
and after public hearing.
B.
Organization. The Board of Adjustment shall elect annually
from among its members a Chairman, Vice Chairman and Secretary and
shall adopt such rules and regulations consistent with this Zoning
Code and State laws for its own organization and procedures. The Board
shall meet at the call of the Chairman and at such times as it determines
or is required by the Board of Aldermen and shall keep public record
of its proceeding. The Board shall require Board of Aldermen approval
to make any expenditures or to obtain assistance from City employees
in performing its duties.
C.
Reports. The Board shall submit a copy of the approved Board
of Adjustment meeting minutes to the Board of Aldermen to be included
in the Board of Aldermen information packet at the next regularly
scheduled Board meeting.
D.
Powers And Duties. The Board shall:
1.
Hear and decide all matters referred to it or upon which it is required
to pass under this Chapter.
2.
Hear and decide appeals made by any person or persons severally or
jointly aggrieved by any order, requirement, decision or determination
made by the Zoning Enforcement Officer or other official in the enforcement
of these regulations; affirm, reverse wholly or partly, or modify
the order, requirement or decisions appealed from and make such order,
requirement or decision as, in its opinion, ought to be made.
3.
Render decisions on appeals when it has been determined that a permit
has been incorrectly issued or denied, or when it has determined that
the zoning order has been incorrectly interpreted or when the appellant
proves undue and/or unnecessary hardship due to the provision or provisions
herein contained as applied to a specific lot or tract. In cases of
unnecessary or undue hardship, due to a peculiar characteristic of
a specific lot or tract is proven, the Board of Adjustment may issue
a variance, signed by the Chairman and setting out the terms of the
variance, as long as there is no substantial detriment to the public
good and without substantially impairing the intent, purpose and integrity
of the zoning plan as embodied in this zoning ordinance. In no case
shall the Board of Adjustment decide an appeal from legislative action
of the Board of Aldermen.
4.
Fix a reasonable time for the hearing of appeals and give public
notice thereof by publication at least one (1) time in a local newspaper
of general circulation not less than five (5) nor more than fifteen
(15) days prior to said hearing. The Board shall also give notice
by U.S. mail to the owners or agents of property adjacent, abutting
or fronting upon the property involved in the appeal. The Board shall
render its decision within thirty (30) days of such hearing. At the
hearing any party may appear in person or by agent or by attorney.
The appellant and the Zoning Officer appealed from shall be notified
in writing of the decision of the Board of Adjustment.
5.
Take appeals to the Board by any owner, lessee or tenant of land
or public officer, department, board or bureau affected by any decision
of the Planning and Zoning Commission. Such appeals shall be made
within a period of no more than sixty (60) days and in the manner
provided by the rules of the Board of Adjustment. An appeal shall
stay all proceedings of the action appealed, unless the Zoning Officer
shall certify to the Board by reason of facts, that in his/her opinion,
imminent peril to life, property or the public good is at stake.
6.
Be subject to a required majority vote of the Board's full membership
(four (4) of the five (5)) to decide in favor of any applicant's appeal.
7.
The Zoning Officer shall transmit to the Board all papers constituting
the record upon which the action appealed was taken.
8.
Shall require the appellant to submit the proper application requesting
an appeal or variance, such legal descriptions, maps, plans and other
information to completely describe the decisions or interpretation
being appealed and the reason therefor, along with the names and addresses
of the residents and/or owners of property adjacent, abutting or fronting
on the property in dispute.
9.
The action of the Board of Adjustment shall be final unless an appeal
is taken to the District Court of the County within thirty (30) days
therefrom. No case shall be reopened nor shall any application be
accepted constituting the same appeal involving the same property
upon which the Board has taken final action for at least one (1) year
from the date of said final action.
10.
Any person jointly or severally may present to the District Court
of the County a petition, duly verified, setting forth that a Board
decision is illegal, in whole or part, and specifying the grounds
of the illegality, such petition to be presented to the court within
thirty (30) days from the Board of Adjustment's final action relative
thereto, and the court may wholly or partly reverse, affirm or modify
the decision brought for review.
E.
Fees. The fee for filing an appeal to the Board of Adjustment
shall be as set out in Appendix A to this Chapter.
[Ord. No. 330 §1(6), 7-12-1999]
A.
Appointment. The Zoning Enforcement Officer shall be appointed
by the Board of Aldermen and a vacancy in this office shall be filled
in accordance with the procedures set out in the City of Foristell
ordinances. Removal shall be in accordance with the procedure set
forth in the personnel manual.
B.
Powers And Duties. The Zoning Enforcement Officer or his/her
authorized representative shall:
1.
Attend all regular meetings of the Board of Aldermen, the Planning
and Zoning Commission and the Board of Adjustment.
2.
Have the right of entry at any reasonable time to cause any building,
structure, place or premises to be inspected and examined; the right
to order in writing the remedying of any condition found therein violating
any requirement of these regulations; and the right to issue a stop
order by written notice served on any person engaged in doing such
work or causing such condition found in violation of these regulations
and such person(s) served shall cease such activity until authorized
by the Officer to proceed.
3.
Maintain permanent and current records of all the transactions relative
to these regulations, including but not limited to, mapping, meetings,
applications, issue permits or other dispositions and provide an information
service for the citizens of the City of Foristell on all matters concerning
zoning therein.
4.
Examine all applications for zoning-related permits and/or for administration
action and determine if said applications and submissions therewith
conform to all provisions of these regulations.
5.
If all provisions of these regulations have been met:
a.
Have the authority to issue permits for building/zoning and temporary use permits for those items listed in Section 400.110 of this Chapter.
b.
Submit applications and attachments to the proper administrative
authority for its determination.
c.
Upon Commission approval, issue permits for conditional use, temporary
use and transitional area.
6.
Initiate, direct and review from time to time a study of the provisions
of this Chapter and make such reports available to the Planning and
Zoning Commission at least annually or more often as directed.
7.
Initiate and direct for review applications for land use and/or land
subdivision.
[Ord. No. 330 §1(7), 7-12-1999; Ord. No. 360 §1, 1-13-2000; Ord. No. 504 §1, 10-7-2002; Ord. No. 553 §1, 8-4-2003; Ord. No. 698 §§2 —
3, 11-20-2006; Ord. No.
714 §1, 7-2-2007]
A.
Application
forms shall be available at City Hall for the following:
1.
Amendments. The Board of Aldermen may amend the
regulations imposed in the districts created by this Title and amend
said district boundary lines provided such amendment conforms to the
purpose and intent of these regulations, according to the following
procedure:
a.
Amendments may be proposed by any citizen, organization or governmental
body.
b.
An application for an amendment shall be filed with the Zoning Enforcement
Officer on the appropriate form and accompanied by such information,
including the names and current addresses of all property owners that
adjoin, abut or front the property in question, if any, and the filing
fee as may be required. The submitted application shall be reviewed
by the Zoning Enforcement Officer for completeness and transmitted
to the Commission and the Board of Aldermen for their review and action.
c.
The Board of Aldermen shall conduct a public hearing for each amendment
application at such time and place as it shall establish and publish
notice at least once in a newspaper of local distribution not less
than fifteen (15) days before such hearing date, said notice shall
also be mailed to all property owners within an area determined by
lines drawn parallel to and one hundred eighty-five (185) feet distant
from the boundary(s) of the property(s) that are being amended.
d.
The Commission shall hold public hearings on the proposed amendment
before submitting its final report to the Board of Aldermen. Where
the purpose and effect of the proposed amendment is to change the
zoning classification of a particular property, the Commission shall
consider:
Relatedness of the proposed amendment to goals and outlines
of the City's long-range plan; existing uses of property within the
general area of the property; the zoning classification of property
within the general area of the property; the suitability of the property
to the uses permitted under the existing zoning; the trend of development,
if any, which has taken place under its present zoning.
e.
The Board of Aldermen shall approve or deny any proposed changes
in zoning.
f.
In case of a written protest against proposed changes in zoning by
the owners of thirty percent (30%) or more, either of the area of
land (exclusive of streets and alleys) included in such zoning change
or within an area determined by lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundaries of the area proposed
to be changed, the proposed change in zoning shall only become effective
upon a favorable vote of two-thirds (⅔) of the Board of Aldermen.
g.
At least fifteen (15) days' notice of the time and place of such
hearing shall be published in an official paper or a paper of general
circulation in such municipality.
2.
Appeals. The decision of the Board of Aldermen shall
be final unless an appeal is taken to the District Court of the County
within thirty (30) days. The court may wholly or partly reverse, affirm
or modify the decision of the Board of Aldermen.
3.
Permits. The following permits and the procedures
for obtaining them are established:
a.
General. Zoning permits shall be a part of the building
permit and hereafter referred to as building permits.
(1)
No building or other structure, no use or reuse of land shall
be erected, constructed, reconstructed, moved or demolished, nor shall
it be altered without first making application for, paying the required
fee and being issued a permit in accordance with the terms, restrictions
and regulations in this Zoning Code Ordinance.
(2)
All permits are subject to conformity to plans, drawings and
other submissions, including all information on the application therefor
and shall be revoked if found to be out of conformance therewith.
No plan alterations, after approval, will be permitted unless subsequent
approval as required by this Zoning Code has been obtained.
(3)
All buildings, structures and uses of land must be in compliance
with the size and measurement restrictions and regulations established
in this Zoning Code.
(4)
Cooperatives, condominiums and all other forms of property ownership
do not affect the provisions of these regulations and all requirements
shall be observed as though the property were under single ownership.
(5)
For all structures or buildings that will be used as a residence,
an occupancy permit shall be required upon transfer of ownership of
said property.
(6)
Horses may be kept in "A-1" Agricultural zoning districts as
defined. Horses can also be kept in "R-1" and "R-2" Residential zoning
districts on a minimum of three (3) acres or more with a limitation
of three (3) acres for one (1) horse and one (1) horse per acre thereafter.
Horses are allowed in any district that has a permissive use and/or
conditional use allowing horses.
4.
Building and zoning. Zoning permits shall be a part
of the building permit and hereafter referred to as building permits:
a.
Applications shall be filed with the Zoning Officer on forms prescribed
setting forth the legal description and including a duplicate set
of plans drawn to scale indicating:
(1)
The shape and dimensions of the land and adjacent right-of-ways.
(2)
A general description of any existing or proposed buildings
or structures including dimensions, shape and location on the premises.
(3)
The intended use and its location.
(4)
The location and dimensions of off-street parking and loading
spaces and the means of ingress and egress to same.
(5)
Any other information deemed necessary for consideration in
enforcing the provisions of this Chapter. Any additional information
requested by the Zoning Officer that might be needed to clarify or
aid in the issuance of permits.
b.
The Officer shall act within thirty (30) days of receiving any permit
application. In event an application does not meet the requirements
of these regulations, the Officer shall so notify the applicant and
the applicant may request the decision to be reviewed by the Commission.
If the Commission upholds the Officer's decision, the applicant may
appeal to the Board of Adjustment in accordance with the appeals procedures
herein.
c.
Each principal building or structure to be constructed, erected or
altered shall require a separate permit, except accessory buildings
or appurtenances may be included in the permit for the principal building
upon payment of additional fee and when construction is simultaneous.
d.
Each permit shall expire one (1) year from the date of issuance;
however, extensions maybe made where warranted if applied for at least
sixty (60) days prior to expiration of current permit. A building
permit shall expire if construction has not started within six (6)
months of issuance of the permit.
e.
Each permit shall be posted upon the premises for which it is issued
in plain view from the nearest street.
f.
A permit issued in accordance with this Code may be revoked by the
issuing Officer, if such Officer finds, prior to completion of the
structure therefor, a departure has been made from the approved plans,
specifications and/or requirements or conditions required under the
terms of the permit, or the same was issued under false representation,
or any other provision of these regulations is being violated.
g.
Failure, refusal or neglect of any property owner or his/her authorized
representative to apply for and secure a valid permit, including payment
of the prescribed fee, shall be reason for the immediate issuance
of a "Stop Order" by the Officer. Said order to be posted on or near
the property in question in a conspicuous place, and no further construction
shall proceed until compliance is observed and recorded by the Zoning
Officer.
h.
Where building or construction has proceeded without a valid permit,
the issuance fee of a subsequent permit shall be increased to double
the original permit fee.
5.
(Reserved)
6.
Temporary use.
a.
An application for a temporary use permit shall be made to the Zoning
Officer and said permit may be issued by the Zoning Officer for a
period of not more than sixty (60) days or as otherwise provided by
ordinance for any of the following uses:
b.
The following temporary uses require Planning Commission approval
prior to permit issuance and may be authorized for a period not to
exceed six (6) months:
(1)
Temporary entertainment events;
(2)
Temporary special events;
(3)
Other temporary uses not specifically listed above.
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In authorizing any of the uses in this Subsection, there may
be imposed such reasonable requirements as to landscaping, screening
and other features of the development as are deemed necessary to protect
adjacent property and prevent objectionable or hazardous conditions.
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7.
Transitional areas. Any land or use facing or adjacent
to (either directly or across a public street), or overlapping into,
a zoning district permitting uses characteristically different in
use or intensity from those of the district in which the subject property
or use is located is eligible for its owner or legal agent to apply
for a transitional area permit thereby placing the subject land or
use under the jurisdiction of the said adjacent district.
a.
Only uses listed as permitted in said adjacent zoning district will
be permitted in transitional areas.
b.
An application for a transitional area permit shall be filed with
the Zoning Officer and transmitted to the Commission stating the planned
use of the transitional area which may not be subsequently changed
unless reapplication is made for the different proposed use.
c.
The applicant must submit such plans and profiles as are required
in the building/zoning permit Section of this Chapter and such other
information and details as are necessary for Commission review.
d.
The Commission shall follow the procedures for conditional use permits
and shall determine the proposed use would not be detrimental to any
properties adjacent thereto.
e.
If an application is approved, the applicant will be required to
file in the County Recorder's office a covenant stating the use approved
and that the property shall not be used for any other purpose unless
rezoned or reapplication is made to the City. Proof of recording will
be required prior to permit issuance.
f.
The effective date of an approved transitional area will be thirty
(30) days from the date of Commission approval, and the Official Zoning
Map shall be marked with the letters "TA" to indicate those lots so
approved.
8.
Uses not listed. The amendment procedure shall be
followed for establishing a use not previously identified in these
regulations after determination is made by the Planning and Zoning
Commission based on the following:
a.
The recommendation of the Commission to the Board of Aldermen shall
be rendered within a reasonable time, not to exceed sixty (60) days
from application and shall include a definition and state the class
or classes of districts in which the proposed use will be added and
whether it is a permitted or conditional use.
b.
The determination of the use shall be effective upon the Board of
Aldermen approval, pending a formal amendment.
c.
Application shall be made in writing on the same forms used for conditional
use but marked "unlisted use".
9.
Variances.
a.
The Board of Adjustment may grant specific variances from the strict
application of these regulations when, by reason of exceptional narrowness,
shallowness, shape or substantial size of specific parcels of property
or by reason of exceptional topography conditions or other extraordinary
situations or conditions of specific regulations or amendments thereto
would result in a practical difficulty or unnecessary hardship upon
the owner of said property, provided:
(1)
Such relief or modification can be granted without substantial
impairment of the intent, purpose and integrity of these regulations
and of the City's Comprehensive Plan;
(2)
This shall not permit a land use not authorized by these regulations
for a specific zoning district;
(3)
If the owner complied with the specific regulations to which
he/she is requesting said variance, he/she would not be able to make
any reasonable use of his/her property;
(4)
The difficulties or hardship are peculiar to the property in
question, in contrast with those of other property in the same district;
(5)
The hardship is not the result of the applicant's own action;
and
(6)
The hardship is not merely financial or pecuniary.
b.
Application for variances shall be processed as follows:
(1)
The application shall be on the appropriate form and submitted,
with the fee and such legal descriptions, maps, plans and other information
to completely detail the proposed use and existing conditions, to
the Officer who shall transmit it to the Board of Adjustment for review.
(2)
The Board of Adjustment shall conduct a public hearing according
to the procedures established for variance permits and make its recommendation
within thirty (30) days therefrom.
10.
General. In each instance where approval of a use
or development of property is made subject to conditions by the Board
of Aldermen or Board of Adjustment, by issuance of a conditional use
permit, transitional area permit or variance, a copy of the document
shall be:
a.
Duly recorded, in the County Recorder's office, by the property owner(s)
prior to the commencement of said use or development; and
b.
Furnished by said property owner(s) to the operator, lessee, tenant
or manager and their successors, each of whom shall forward to the
Officer an acknowledgment of having read and accepted said conditions
to the use or development so affected.
[Ord. No. 553 §2, 8-4-2003]
A.
Purpose.
1.
Conditional uses are land uses which are considered by the City to
be essentially desirable, necessary or convenient to the community
but by their nature or their operation may generate large amounts
of traffic, may attract a large number of persons to the site of the
use, thus creating noise or other pollutants, may have a detrimental
effect upon the value or potential development of other properties
in the neighborhood, or a potential for accidents or danger to public
health and safety. These uses require the consideration and exercise
of planning judgment on location, operation and site planning.
2.
It is hereby declared that certain land uses and developments present
unique problems with respect to their proper location and relationship
to other land uses. The location of such uses shall not be in conflict
with the Comprehensive Plan. Therefore, analysis and judgment of the
consequences of each development and use is necessary to preserve
and to promote the public health, safety and general welfare. Such
land uses and developments are identified in each particular zoning
district under conditional uses.
B.
Procedures.
1.
An application for a conditional use permit shall be filed with the
Zoning Officer and transmitted to the Planning and Zoning Commission
on the approved form at least twenty (20) days prior to any regular
Commission meeting. Additional submissions may be required, to include
a plot plan and other such details necessary to properly assess the
suitability of the use within the subject district.
2.
The applicant shall file a declaration of the use to be made by the
owner if the application is granted. The declaration must provide
the land use will be solely that which is stated in the application
and if such use is abandoned or is proposed to be changed, the subsequent
use shall be in conformity with the zoning restrictions in the underlying
zoning district.
3.
With the application, a plot plan showing the legal dimensions of
the tract, location of all improvements and existing structures, grade
elevations, setback requirements, location and type of any screening
effort, specific plan for restoring the land after the conditional
use is abandoned or discontinued and such other items as the Commission
shall deem reasonably necessary to properly process the application.
4.
Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the Planning and
Zoning Commission and filed with the City Clerk. The application shall
be filed on forms prescribed for that purpose by the Commission and
be accompanied by the following:
a.
Filing fees as established by the Board of Aldermen.
b.
Legal description of the property.
c.
Property survey, boundary plat or a parcel map obtained from the
St. Charles County or the Warren County Assessor's office.
d.
A development plan, either in narrative form or a preliminary site
plan, to indicate the intended use of the property. (Site plan should
include the requirements of the site plan Section of land development
Section of this Code).
e.
A current certificate of title or deed to the property indicating
ownership.
5.
Public hearing. All applications shall be subject
to a public hearing before the Planning and Zoning Commission. The
City Clerk shall hold the public hearing within forty-five (45) days
of receipt of a complete application. To be complete the application
must contain the minimum application information requirements. Any
such hearing may, for good cause at the request of the applicant or
in the discretion of the Commission, be continued. At least fifteen
(15) calendar days' notice of the time and place of such hearing shall
be published in an official newspaper or a newspaper of general circulation
within the City. The public hearing requirements shall be the same
if a petition for a conditional use permit is initiated by resolution
of intention by the Planning and Zoning Commission or the Board of
Aldermen.
a.
The applicant will be responsible for providing names of all property
owners within three hundred (300) linear feet of the property for
which a conditional use permit has been requested. Such notices of
the public hearing will be mailed by the City Clerk and shall be postmarked
at least fifteen (15) calendar days prior to the hearing.
b.
The City Clerk will post the property with notice of the public hearing.
Such notice shall be posted at least fifteen (15) calendar days prior
to the hearing.
c.
Following the hearing of such application, the Planning and Zoning
Commission shall approve, approve with modifications or conditions,
or deny the same and the Commission to the Board of Aldermen shall
make a report of its action, together with a recommendation for approval
or denial.
6.
Burden of proof. In presenting an application for
a conditional use permit to the City for review and approval, the
burden of proof shall rest with the applicant to provide any necessary
evidence required by the Commission or Board of Aldermen to clearly
indicate that the proposed conditional use shall meet the following
criteria:
a.
The proposed conditional use complies with all applicable provisions
of these regulations, including intensity of use regulations, yard
regulations and use limitations.
b.
The proposed conditional use at the specified location will contribute
to and promote the welfare and convenience of the public.
c.
The proposed conditional use will not cause injury to the value of
other property in the neighborhood in which it is to be located.
d.
The location and size of the conditional use, the nature and intensity
of the operation involved in or conducted in connection with it, and
the location of the site with respect to streets giving access to
it are such that the conditional use will not dominate the immediate
neighborhood so as to prevent development and use of neighboring property
in accordance with the applicable zoning district regulations and/or
the City's Comprehensive Plan. In determining whether the conditional
use will so dominate the immediate neighborhood, consideration shall
be given to:
e.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in this Code.
f.
Adequate utility, drainage and other such necessary facilities have
been or will be provided.
g.
Adequate access roads or entrance and exit drives will be provided
and shall be so designed to prevent traffic hazards and to minimize
traffic congestion in public streets and alleys.
h.
Adequate provisions for internal traffic and pedestrian traffic are
made.
7.
Approval or denial of application.
a.
Subsequent to the aforementioned public hearing, the Planning and
Zoning Commission shall file a report with the Board of Aldermen in
which the Commission shall approve or deny the application and state
the reasons therefore.
b.
The Planning and Zoning Commission may permit those developments and uses for which the evidence submitted, as required in Subsection (B)(3) of this Section, reflect that such developments and uses are:
(1)
Consistent with good planning practice.
(2)
Can be operated in a manner that is not detrimental to the permitted
uses in the district.
(3)
Can be developed and operated in a manner that is visually compatible
with the permitted uses in the surrounding area.
(4)
Will not significantly increase traffic congestion or other
hazards.
(5)
Will not increase fire hazards.
(6)
Will not over tax public utilities at the desired intensity
of use.
(7)
Will not injure the value of neighboring property or create
limitations on the future development of neighboring properties.
(8)
Comply with the recommendations of the City's Comprehensive
Plan or any subarea plans that are applicable to the neighborhood
or sector of the City.
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If the facts of the case do not establish that the standards
set forth in this Chapter will be met, the Planning and Zoning Commission
shall deny the request.
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c.
The Commission may approve or deny said application based on the
desirability of said use on that particular site. The Commission may
provide approval contingent on acceptance and observance of specific
conditions including, but not limited to, the following.
d.
In approving conditional use permit applications, the Planning and
Zoning Commission may impose such conditions as it determines necessary
to meet the aforementioned standards. These conditions may include,
but are not necessarily limited to, the following:
(1)
Permitted uses, including maximum floor area;
(2)
Guarantees as to compliance with the terms of the approval;
(3)
Performance standards;
(4)
Height limitations;
(5)
Special yards, open spaces, buffer strips, walls, fences, hedges
and landscaping;
(6)
Minimum yard requirements;
(7)
Off-street parking and loading requirements;
(8)
Sign regulations;
(9)
Minimum requirements for site development plans;
(10)
Limits on time of day for conduct of specific activities;
(11)
Time limitations for duration of the use or subsequent review;
(12)
A period in which the use shall be exercised or the approval
shall lapse;
(13)
Architectural elevations of any proposed structures; and
(14)
All proposed landscaping.
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These, and any other conditions deemed necessary by the Board
of Aldermen, may be made more restrictive than the minimum requirements
of the respective zoning district within which the conditional use
will be located.
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e.
The Commission's decision shall be final unless overruled by the
Board of Aldermen within thirty (30) days. Should the Board of Aldermen
take no action on the Commission's decision within thirty (30) days,
the inaction shall be deemed an approval.
f.
All approvals of conditional use permits shall be recorded and are
in effect only as long as the owner of the property applying for the
permit remains the owner.
8.
Permit effective — when. A conditional use
permit or an amendment thereto shall become effective following approval
of the application by the Board of Aldermen pursuant to receipt of
a report from the Planning and Zoning Commission. In the event that
a conditional use permit is filed in conjunction with a change in
zoning, the permit shall not become effective until the date of enactment
of the ordinance authorizing the zoning change. In the event that
some other governmental authority or agency requires some additional
approval, the permit shall not become effective until that approval
is received.
9.
Effect of denial. Following denial by the Board
of Aldermen of an application for a conditional use permit, the City
Clerk shall notify the applicant in writing of such denial. No subsequent
application for the same use with reference to the same property or
part thereof concerning the same conditional use shall be filed by
any applicant until the expiration of twelve (12) months after the
denial. Although the applicant is restrained from reapplying for a
twelve (12) month period, no provision herein shall be construed to
prevent the Commission or the Board of Aldermen from initiating the
procedure provided in this Section by a resolution of intention at
any time within that twelve (12) month period or later.
C.
Protest And Board Review Of Planning Commission Decision.
1.
Protest by nearby property owners. In case a protest
against such conditional use is presented, duly signed, notarized
and acknowledged by the owners of more than thirty percent (30%) of
the area of land (exclusive of public streets and alleys) included
in such proposed change; or of the owners of thirty percent (30%)
of the land within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant form the boundaries of
property upon which the conditional use will be located, such conditional
use shall not become effective except by the favorable vote of three-quarters
(¾) of all the members of the Board of Aldermen. A notice of
protest must be filed within the ten (10) calendar days following
the Planning and Zoning Commission's decision, be in writing, filed
in duplicate with the City Clerk and accompanied by the signatures
and addresses of the property owners involved. The notice of protest
shall include a notarized verification from the person(s) collecting
the protestants' signatures that all signatures are correct and real.
Protestants' signatures and printed names shall match the record of
property ownership within the St. Charles County and/or the Warren
County Recorder of Deeds office as applicable. The protest shall specifically
state how the application, as initially filed or subsequently modified,
meets (or fails to meet) the criteria set forth in this Code.
2.
Board of Aldermen review of decision. The Board
of Aldermen shall review the Planning and Zoning Commission's decision
on an application for a conditional use permit at the regularly scheduled
meeting of the Board of Aldermen pursuant to the report of the Planning
and Zoning Commission on the application as received.
3.
Public hearing by the Board of Aldermen. Before
initiating any review or acting on any protest, the Board of Aldermen
shall set the matter for hearing. Written notice of such hearing shall
be published in a newspaper of general circulation at least fifteen
(15) days prior to the public hearing. The applicant, any citizen
of the City of Foristell, and all other parties of interest shall
be permitted to speak at the hearing.
4.
Board of Aldermen decision. Following the hearing
by the Board of Aldermen, the Board may affirm, reverse or modify,
in whole or in part, any determination of the Planning and Zoning
Commission. An affirmative vote of two-thirds (⅔) of the members
of the Board of Aldermen shall be required to reverse or modify any
determination of the Commission.
D.
Performance Guarantee. As a condition of approval of the
conditional use permit, the Planning and Zoning Commission (or the
Board of Aldermen) may require a deposit by the applicant with the
City Clerk as a performance guarantee in the form of cash, certified
check or other form of surety acceptable to the Board of Aldermen
in an amount sufficient to insure performance of any obligations of
the applicant to make any improvements shown upon the site plan accompanying
the conditional use permit application or attested to in any other
accompanying documents.
1.
Amount. The amount of the deposit shall be determined
by the City Engineer and shall be sufficient to insure completion
of the improvements within the time period specified by the approval.
2.
Legal form. The selected performance guarantee shall
be reviewed and approved by the City Attorney as to legal form.
3.
Release of guarantee. The City Clerk shall refund
to the applicant, after verification, amounts of any deposits equivalent
to the ratio of the work completed to the entire improvements secured.
Such refunds shall not exceed ninety-five percent (95%) of the total
deposit held. Upon completion of all the secured improvements in conformance
with all applicable City standards and specifications verified by
the City Engineer, the final five percent (5%) shall be released.
E.
Procedure To Amend An Approved Conditional Use Permit. In
order to amend an existing conditional use permit, the application
procedures, required materials, approval process and appeal process
shall be the same as for a new permit.
F.
Time Limit Of Conditional Use Permit. Conditional use permits shall be valid to the property owner for the subject property for an unlimited period of time subject to the requirements of Subsection (G) (below) unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning and Zoning Commission which may extend it for an unlimited period or for a specified additional period of time.
G.
Failure To Commence Construction Or Operation. Unless otherwise
stated in the conditions of a particular conditional use permit, substantial
work, construction or operation of the conditional use where construction
is not required shall commence within six (6) months of the effective
date of the permit unless such time period is extended through appeal
to and approval by the Planning and Zoning Commission. If no appeal
is made or no extension of time is received or granted, the permit
shall immediately terminate upon expiration of the initial six (6)
month period. When the conditional use permit commences, evidence
of commencement will be the issuance of a building permit, if construction
is required, or an occupancy permit, if construction is not required.
H.
Revocation Of Conditional Use Permit. Upon a finding that
an approved conditional use permit will or has become unsuitable and/or
incompatible in its location as a result of any nuisance or activity
generated by the use through non-compliance with any of the conditions
attached to its approval, the Board of Aldermen, after recommendation
from the Planning and Zoning Commission, reserves the full authority
to revoke the approval at any time.
I.
Transferability. All conditional use permits shall be approved
for the originating applicant for a specific location and may not
be transferred to any other location by that applicant. Should the
property, business or use for which the conditional use permit was
sought be transferred to a different ownership, the new owner shall
require a renewal of the original conditional use permit in the same
manner as an original request for a conditional use permit under this
Code.
J.
Specific Requirements For Individual Conditional Uses.
1.
Extraction of minerals, including rock, sand and gravel.
a.
b.
Height. No structure, building or outside storage
of extracted materials shall exceed sixty (60) feet in height or three
(3) stories, whichever is less.
c.
Parking. Parking requirements shall be in accordance
with the requirements of this Code.
d.
Landscaping.
(1)
A buffer of trees and shrubs of such density to obscure visible
evidence of extraction activities from adjoining property, not less
than twenty (20) feet in depth, shall be maintained along all boundaries
for such use, excepting at established entrances and exits. To the
extent that office buildings or other structures effectively screen
the extraction site and/or outside storage, the Planning and Zoning
Commission may reduce this requirement.
(2)
Existing vegetation may be used in combination with additional
supplementary plantings where required in complying with the requirements
of this Section.
(3)
Any and all plant materials shall be maintained thereafter for
the life of the use at the expense of the owner. Withered and/or dead
plant material shall be replaced within a reasonable period of time,
but no longer than one (1) growing season.
e.
Washing. No washing of gravel is permitted unless
a filtration system, approved by applicable Federal and State agencies,
is provided to prevent pollution of nearby streams and watercourses.
f.
Use of public roads. No public street, road or highway
will be used for the purpose of hauling without specific permission
of the Planning and Zoning Commission and the Board of Aldermen.
g.
Performance guarantees. A surety, acceptable to
the Board of Aldermen and approved by the City Attorney as to form,
shall be posted with the City Clerk to guarantee:
(1)
Reclamation of the excavation within a period of six (6) months
following cessation of excavation operations so that all banks shall
have not more than a three (3) to one (1) foot slope.
(2)
All public roads used for the purpose of material hauling shall
be maintained at the expense of the applicant on an "as needed" basis
for the life of the use and shall be returned to the City specifications
at the termination of the excavation process.
(3)
The amount of the surety shall be established by the City Engineer
and approved by the Board of Aldermen.
2.
Asphalt and concrete plants.
a.
Minimum lot size. Five (5) acres.
b.
Setbacks.
(1)
For buildings, parking, storage and other structures. All yard setbacks shall be fifty (50) feet as regulated in Subsection (J)(1)(a)(1) above.
(2)
Processing. All asphalt and/or concrete processing
shall be conducted no closer than three hundred (300) feet of any
property line or five hundred (500) feet of any existing residence
or commercial structure.
c.
Height. No structure, building or outside storage
of materials shall exceed sixty (60) feet in height.
d.
Parking. Parking requirements shall be in accordance
with the requirements of this Code.
f.
Use of public roads. No public road, street or highway
shall be used for the purpose of hauling either raw materials or finished
products without specific permission of Planning and Zoning Commission
and the Board of Aldermen.
g.
Environmental standards. All such uses shall comply
with all applicable State and Federal regulations.
h.
Performance guarantees. A surety, acceptable to
the Board of Aldermen and approved by the City Attorney as to form,
shall be posted with the City Clerk to guarantee:
(1)
All public roads used for the purpose of material hauling shall
be maintained at the expense of the applicant on an "as needed" basis
for the life of the use and shall be returned to the City specifications
at the termination of use.
(2)
The amount of the surety shall be established by the City Engineer
and approved by the Board of Aldermen.
[Ord. No. 330 §1(8), 7-12-1999]
A.
Fees — General.
1.
Until all applicable fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
2.
All procedures requiring public hearings shall require the cost of
publication and postage of mailed notices to be paid by the applicant.
3.
All procedures requiring for their evaluation professional services
such as surveying or engineering shall require the costs of said services
to be paid by the applicant.
4.
No fee shall be charged where the change or request is initiated
by the Planning and Zoning Commission or the Board of Aldermen.
B.
Fees — Specific. Permits and procedures shall require
the fees as follows:
C.
Penalties And Violations
1.
If any erection, construction, reconstruction, alteration, conversion,
maintenance or use is begun without obtaining the proper permit and
paying the proper fee, the fee will be double the normal fee.
2.
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 Sections 89.010 to 89.140, RSMo., or of this
Zoning Code, the City of Foristell, 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 legal 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 the authority of Sections 89.010 to 89.140 RSMo.
3.
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 whether
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 a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days for each and every day such violation
shall continue, or by both such fine and imprisonment.
4.
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 and/or two hundred fifty dollars ($250.00).
