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City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3865, 10-25-2018[1]]
A. 
In General. This Section governs non-conforming uses or structures, as defined by Section 400.030.
B. 
General Provisions.
1. 
Structures may be built on lots of record that were made non-conforming by this Code as to size, width or area; provided, however, that such structures shall conform to setbacks and other regulations of the Zoning District in which the property is located.
2. 
No non-conforming use shall be enlarged or extended unless such use is changed to a permitted use and complies with the requirements in the Zoning District in which the use is located. No non-conforming structure shall be enlarged, reconstructed, or structurally altered unless it is brought into compliance with the requirements in the Zoning District in which the structure is located, except as otherwise provided herein.
3. 
No non-conforming structure or use shall be moved in whole or in part for any distance whatsoever to any other location on the same or any other lot unless the entire structure or use shall thereafter conform to the provisions of the Zoning District in which it is located after being moved.
4. 
The existence of any present non-conforming use or structure anywhere in the City shall not be considered grounds for issuance of a variance at another location.
5. 
The number of dwelling units in a non-conforming residential dwelling shall not be increased.
6. 
If a non-conforming structure is damaged by fire, explosion, acts of God or public rioting to the extent of sixty percent (60%) or less of its reconstruction value as determined by data in the office of the Assessor of St. Louis County, it may be restored and not lose its non-conforming status; provided, however, that its restoration may not result in the structure or its non-conformity being enlarged.
C. 
Ordinary Repair And Maintenance.
1. 
The normal maintenance and repair or the replacement, installation, or relocation of non-bearing partitions, fixtures, wiring, or plumbing may be performed on any structure that is non-conforming or that contains a non-conforming use. Neither this nor any other provision of this Section shall be interpreted to authorize any increase in the size or degree of the non-conforming use or structure.
2. 
Nothing in this Section shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
D. 
Non-Conforming Accessory Uses. No use or structure which is accessory to a principal non-conforming use or structure shall continue after such principal use or structure ceases or is discontinued.
E. 
Discontinuance Of Non-Conforming Use Or Structure.
1. 
In the event the non-conforming use or use of a non-conforming structure is discontinued for a period of nine (9) months, regardless of an intent not to abandon or to again resume such use or occupy or use such structure, any subsequent use or occupancy or use of such structure shall comply with provisions of this Code including those of the Zoning Districts in which the structure or use is located.
2. 
Where no enclosed structure is involved, in the event the non-conforming use or use of the non-conforming structure is discontinued for a period of three (3) months, regardless of an intent not to abandon or to again resume such use or occupy or use such structure, any subsequent use or occupancy or use of such structure shall comply with provisions of this Code including those of the Zoning Districts in which the structure or use is located.
3. 
Nothing in this Code shall prevent the continuance of a non-conforming use or structure as authorized in this Code, unless a discontinuance is necessary for the safety of life and property.
F. 
Transfer Of Ownership. A non-conforming use or structure or the property on which such is located may be sold or transferred by its owner or any future owner or owners, and such new and future owner and owners shall be entitled to continue the non-conforming use or structure in conformance with this Section.
[1]
Editor's Note: Former Chapter 420, Zoning Districts — General Information, containing Sections 420.010 through 420.040, was repealed 10-25-2018 by Ord. No. 3865.
[Ord. No. 2865, 10-25-2018]
A. 
Purpose. Certain land uses and developments present unique needs with respect to their proper location and relationship to other land uses. Within various Zoning Districts, certain uses may be permitted by Special Use Permit after analysis and judgment of the consequences of each such development by the Commission to ensure that the public health, safety and general welfare are protected and preserved.
B. 
Procedure. The following procedure shall be implemented in the consideration and determination of the issuance or non-issuance of the Special Use Permit:
1. 
Applications for Special Use Permits shall be filed with the Community Development Department at least thirty (30) days before the next regularly scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the applicant. The application shall be on City forms and shall specify the locations of the building, the height, the area and shall include a site plan for the lot. The site plan shall include a legal description, lot and building footing dimensions, appropriate zone district setbacks, landscaping and parking requirements, contours and drainage ways, proposed or existing easements, public improvements and, if possible or necessary, an artist's rendering in the horizontal view. The application shall specify the use sought to be permitted by the Special Use Permit. The Director may require submittal of a traffic study when deemed appropriate. The application shall further state why the use is needed and the applicant's opinion as to the effect of the use on surrounding properties. At the time that the application is filed, a fee shall be paid to the City of Fenton. The fees for Special Use Permits shall be set forth in Addendum "A" to Title IV.
2. 
Each such application shall be verified by at least one (1) of the owners or authorized representatives of the owners of property requesting the Special Use Permit, attesting to the truth and correctness of all facts and information presented with the application.
3. 
The Director Shall Review The Application As To Form. Upon the determination by the Director that the form of the application is appropriate and all required information has been provided, the Director will present the matter to the Commission. The application shall be set for hearing before the Commission within sixty (60) days of the date of the filing of a complete application. The notice of the hearing shall include the posting of public notice on the affected property; publication for no less than fifteen (15) days preceding the hearing in a newspaper of general circulation within the area of the City of Fenton. In addition, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance of any published or notified hearing, the petitioner shall be responsible for reimbursement of any re-publication and/or mailing notification costs prior to any action by the Commission.
4. 
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet high by three (3) feet wide, to be placed on all parcels of land on which an application for a special permit has been filed with the Commission.
a. 
Sign or signs shall be placed on such parcels of land, at a point nearest to the right-of-way of any street or roadway abutting such parcel and so as to be clearly visible to the traveled portion of such street or roadway. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b. 
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
c. 
The Director may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such special permit pending before the Commission.
d. 
Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set out in Section 100.060 of this Code.
5. 
Failure to comply with any additional notice or posting requirements of this Section which are greater than required by State law shall not be a basis for invalidation of any approval or enactment.
6. 
The Commission, after public notice, shall conduct a hearing at which the applicant shall present such information, as the applicant deems necessary, to substantiate its request for a Special Use Permit. The Commission shall hear any person wishing to speak in favor of the application after which time the Commission shall hear any person wishing to speak in opposition to the application, after which time the applicant may address or rebut any issues presented by the opposition. The Commission shall then close the public participation portion of the hearing. The Commission shall thereafter conduct a deliberation and discussion of the application, giving due consideration to the following:
a. 
Said use is designated, located and proposed to be operated in a manner that the public health, safety and general welfare will be protected.
b. 
Visual compatibility with adjacent land uses and surrounding area, including building height, form, materials and landscaping.
c. 
Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress to and within the site; traffic control; adequacy of off-street parking.
d. 
Said use will not cause substantial injury to the value of adjacent parcels or other property in the surrounding area.
e. 
The use authorized by Special Use Permit will conform to the applicable regulations of the district in which it is to be located.
These discussions shall be in public forum, but no public participation shall be allowed. After review and deliberation, a simple majority of the Commission is required to pass the proposition. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation.
7. 
The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for recommending approval and/or its reasons for making a negative recommendation. The Commission shall also recommend special conditions, if any, to the Board.
8. 
The failure of the Commission to act within ninety (90) days after the date of submission of a complete application for the Special Use Permit in proper form to the Director shall be deemed approval and such application shall then be submitted directly to the Board.
9. 
After the Commission has advised the Board of its recommendation of approval or negative recommendation, the Board shall review the recommendation of the Commission, after which time the Board shall consider the issuance of the Special Use Permit by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact. The Special Use Permit permitted by ordinance shall contain the special terms and conditions of the Special Use Permit which shall be strictly adhered to by the applicant.
10. 
The permitted special use shall be reviewed annually by the Director to assure that the use and building are in compliance with the terms of the Special Use Permit. If the Director determines non-compliance with the Special Use Permit, notice of non-compliance shall be forwarded to the holder of the Special Use Permit. Failure to achieve compliance within a reasonable time, but not less than ten (10) days' notice of the Director shall be deemed cause to terminate the Special Use Permit. Upon thirty (30) days' notice, the Commission may cause a hearing to be held to determine whether or not the property or use is in compliance, and if deemed to be in non-compliance the Commission may recommend to the Board termination of the Special Use Permit. The Board by ordinance may terminate the Special Use Permit acting upon the recommendation of the Commission.
[Ord. No. 2865, 10-25-2018]
Whenever the public necessity, convenience, general welfare and good zoning practice require, the Board may order, after a public hearing, report thereon by the Commission and subject to the procedure provided in this Code, an amendment, supplement or change in the regulations, zoning district boundaries or classification of property. Amendment, supplement, re-classification or change (including special permits) may be initiated by the Chairperson of the Commission, the Director, the Board or by a verified application of one (1) or more of the owners or authorized representatives of the owners of property within the area proposed to be changed.
[Ord. No. 2865, 10-25-2018]
A. 
Process For Filing Petitions. The following procedure shall be implemented for filing a petition:
1. 
Petitions for any change of zoning, boundaries or any reclassification of zones as shown on the official Zone District Map shall be addressed to the Board and filed with the Community Development Department at least thirty (30) days before the next scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the applicant. The petition shall specify the location of the proposed change in zoning and as necessary include the height, area and site plan for the lot. The site plan, if provided, shall include a legal description, lot and building footing dimensions, appropriate zone district setbacks, landscaping and parking requirements, contours and drainage ways, proposed easements, public improvements and, if possible or necessary, an artist's rendering in the horizontal view. At the time the petition is filed, a fee shall be paid to the City of Fenton. The fees for a change in zoning shall be as set forth in Addendum "A" to Title IV.
2. 
The petition will be on City forms and accompanied by such data and information which may be prescribed for by the Commission or Director so as to assure the fullest practicable presentation of facts for the Commission to consider in their review. Upon receipt at the department, the Director shall review the application as to form. Upon determination of the Director that the form of the application is appropriate and all necessary information is provided, the Director will present the matter to the Commission.
3. 
Each such petition shall be verified by at least one (1) of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.
B. 
Notice For Hearing. The petition shall be set for public hearing before the Commission within sixty (60) days of the date of the filing of a complete petition. The Director shall cause public notice of such hearing to be given. The notice procedure shall be as follows:
1. 
Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. In addition, for development-initiated change of zoning petitions, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance of any published or notified hearing, the petitioner shall be responsible for reimbursement of any re-publication and/or mailing notification costs prior to any action by the Commission; For non-development-initiated changes in zoning (i.e., text amendments or Zoning Code revisions), notice of the time and place of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance, supplemented by announcement in the City's monthly newsletter and/or website.
2. 
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet high by three (3) feet wide, to be placed on all parcels of land on which an application for a zoning change has been filed with the Commission.
a. 
Sign or signs shall be placed on such parcels of land at a point nearest to the right-of-way of any street or roadway abutting such parcel and so as to be clearly visible to the traveled portion of such street or roadway. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b. 
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
c. 
The Director may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a zoning change pending before the Commission.
d. 
Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set out in Section 100.060 of this Code.
3. 
It shall not be necessary to publish notice or hold public hearings on amendments to this Code pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Code. Failure to comply with any additional notice or posting requirements of this Section which are greater than required by State law shall not be a basis for invalidation of any approval or enactment.
4. 
Such notice shall contain the approximate street location or address, the name of the person seeking such zoning change, the present zoning classification and the zoning classification sought or the nature and reason of such request.
C. 
Public Hearing And Decision. The Commission, after public notice, shall conduct a hearing at which the applicant shall present such information, as the petitioner deems necessary, to substantiate its request for a change in zoning. The Commission shall hear any person wishing to speak in favor of the petition, after which time the Commission shall hear any person wishing to speak in opposition to the petition, after which time the petitioner may address or rebut any issues presented by the opposition. The Commission shall then close the public participation portion of the hearing. The Commission shall thereafter conduct a deliberation and discussion of the petition. This discussion shall be in a public forum, but no public participation shall be allowed. After review and deliberation, the Commission shall vote whether to grant the change in zoning. A simple majority of the Commission is required to pass the proposition. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation. The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for recommending approval and/or its reasons for making a negative recommendation. After the Commission has advised the Board of its recommendation of approval or negative recommendation, the Board shall review the recommendation of the Commission, after which time the Board shall consider the petition by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact.
D. 
Appeal/Protest. In case of written protest against any change in zoning regulations, restrictions or boundaries 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 a two hundred fifty (250) foot distance 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 the full Board of Aldermen. The provisions of this Section shall apply equally to all changes or amendments.