[Ord. No. 10702, 2-18-2021]
The purpose of this article is to establish the review procedures
that will ensure that the regulations set forth in this Code are soundly
and consistently applied, and that this Code be properly administered.
[Ord. No. 10702, 2-18-2021]
(a)
Building permit required. No building or structure shall be erected,
added to, or structurally altered until a building permit has been
issued by the Building Commissioner for the applicable work approved
as authorized by this Code. No such building permit shall be issued
in violation of the provisions of this Code.
(b)
Certificate of occupancy.
(1)
Prior to the initial occupancy of any building or structure
and prior to any change in occupancy or use, after all requirements
of the City ordinances have been met, a certificate of occupancy shall
be issued by the Building Commissioner, stating that the proposed
use thereof complies with the requirements of the ordinances of the
City of Kirkwood.
(2)
No nonconforming use shall be maintained, renewed or changed
without a certificate of occupancy having first been issued by the
Building Commissioner.
(3)
No permit for excavation for the erection or alteration of,
or repairs to, any building shall be issued until an application has
been made for a certificate of occupancy.
[Ord. No. 10702, 2-18-2021]
The requirements of this section shall apply to all applications
and procedures subject to development review under this Code, unless
otherwise stated.
(a)
Authority to file applications.
(1)
Unless otherwise specified in this Code, development review
procedures established in this article and this Code may be initiated
by any person with a financial, contractual, or proprietary interest
in the property to be developed according to the submitted plan.
(2)
The Planning and Zoning Commission or City Council may initiate
Code text and Map amendments under this Code with or without written
authorization or application from the property owners who may be affected.
(b)
Application submission schedule. The schedule for the submission
of applications in relation to scheduled meetings and hearings of
the review bodies shall be established by the Director of Public Services,
and made available to the public.
(c)
Application contents.
(1)
Applications required under this Code shall be submitted in
a form, in such numbers, and in a manner (digital or hard copy) as
established by the Director of Public Services, and made available
to the public.
(2)
The Director of Public Services may waive any of the items required
as part of an application. However, such a waiver shall not prohibit
the Planning and Zoning Commission, City Council, Board of Adjustment,
or Architectural Review Board from requesting items previously waived
by the Director of Public Services or any other additional information
as deemed appropriate by such body.
(d)
Complete application determination.
(1)
The Director of Public Services shall only initiate the review
and processing of applications submitted as part of this Code if such
application is determined to be complete.
(2)
An application shall be determined to be complete if the applicant
has submitted all of the forms, plans, maps, and other submittal information
required for the specified application, in the numbers required.
(3)
The Director of Public Services shall make a determination of
application completeness within 14 days of the application filing.
(4)
If the application is determined to be complete, the application
shall then be processed according to the procedures and time lines
set forth in this Code.
(5)
If an application is determined to be incomplete, the Director
of Public Services shall provide written notice to the applicant along
with an explanation of the application's deficiencies. No further
processing of an incomplete application shall occur until the deficiencies
are corrected and the Director of Public Services determines that
the application is complete.
(6)
The City shall not be required to process an incomplete application,
forward an incomplete application to any decisionmaking body, or be
subject to any required time lines of review for incomplete applications.
(7)
If the applicant fails to correct all deficiencies and submit
a complete application within 90 days of the notice provided by the
Director of Public Services, the incomplete application shall not
be reviewed, the applicant's original filing fee shall be forfeited,
and the incomplete application shall be deemed withdrawn. The Director
of Public Services may grant one sixty-day extension if just cause
is shown.
(8)
No reconsideration of an incomplete application shall occur
after expiration of the ninety-day period or any granted extension,
and an applicant in need of further development approval under the
Code shall, pursuant to all of the original requirements this Code,
submit a new application, and submit a new filing fee.
(9)
If any false or misleading information is submitted or supplied
by an applicant on an application, that application shall be deemed
incomplete.
(e)
Simultaneous processing of applications.
(1)
Whenever two or more forms of review and approval are required
under this Code, the Director of Public Services shall determine the
order and timing of review.
(2)
The Director of Public Services may authorize a simultaneous
review of applications so long as all applicable requirements are
satisfied for all applications.
(f)
Preapplication meetings.
(1)
Prior to filing an application, an applicant may request a meeting
with the Director of Public Services or other staff members for a
preapplication meeting to discuss the proposed application or project.
(2)
The purpose of the preapplication meeting shall be to discuss
the proposed application or project, review submittal requirements,
and discuss compliance with the provisions of this Code and consistency
with the recommendations of the Comprehensive Plan prior to the submission
of an application.
(3)
The applicant should be prepared to provide all of the application submittal requirements established for the applicable review procedure pursuant to § 25-16(c).
(4)
No action can be taken by the staff until the applicant submits
an actual application and/or plan to the City pursuant to the laws
and policies of the City. Therefore, all discussions that occur between
the applicant and/or applicant's representative and staff that occur
prior to the date the applicant submits an actual application and/or
plan are not binding on the City and do not constitute official assurances
or representations by the City or its officials regarding any aspects
of the plan or application discussed.
(g)
Fees.
(2)
The fees shall be in addition to any other fees that may be
imposed by the City, state, St. Louis County, or other agency having
jurisdiction.
(3)
Such fees are adopted to cover the cost to the City for investigations,
legal advertising, postage, and other expenses resulting from the
administration of the respective zoning activities.
(4)
Application fees are not refundable except where the Director
of Public Services determines that an application was accepted in
error, or the fee paid exceeds the amount due, in which case the amount
of the overpayment will be refunded to the applicant.
(h)
Professional services, legal services, and associated studies.
(1)
The City has and continues to reserve the authority to charge
and collect reimbursement for third-party building plan, site, or
other review of any application, including, but not limited to, civil
engineer, traffic engineer, landscape architect, urban forester, arborist,
attorney, or any other professional costs and associated expenses.
The City may implement an administrative escrow and/or deposit procedure
whereby funds are deposited with the City in an amount equal to estimated
third-party costs.
(2)
If the City makes a determination that an application requires
professional services, the City may utilize its own professional staff,
such as the City Attorney's office, Director of Public Services, City
Forester, or may engage a professional to conduct the study and deliver
the results to the City. The applicant shall pay the cost of the professional
service plus administrative costs to the City of Kirkwood to retain
the professional.
(3)
The professional services shall not commence without agreement
of the applicant as to the costs of such study and the deposit with
the City of the estimated fee for the professional services plus administrative
costs of 10% of the estimated cost of the services or a minimum as
set by City Council, by resolution, from time to time. The applicant
shall be refunded any overpayment at the conclusion of the professional
report, except the administrative cost to the City, which is a nonrefundable
fee.
(4)
The professional report or study shall become the property of
the City for its sole use.
(i)
Public notification for public meetings.
(1)
For all public meetings required by this Code, the City shall
comply with the City of Kirkwood Municipal Code and all applicable
state requirements regarding public notice.
(2)
The Director of Public Services may post notice on any property
requesting action by the Planning and Zoning Commission except for
requests for time extensions.
(j)
Public notification for public hearings.
(1)
Applications for development approvals that require public hearings shall comply with all applicable state requirements and the public meeting notice requirements established in § 25-16(i), above.
(2)
The Director of Public Services shall be responsible for providing
the required notice as specified by this subsection.
(3)
Content. Notices for public hearings, whether by publication
or mail (written notice), shall, at a minimum:
(i)
Identify the address or location of the property subject to
the application;
(ii)
Indicate the date, time, and place of the public hearing;
(iii)
Describe the land involved by street address,
St. Louis County parcel identification number, or by legal description;
(iv)
Describe the nature, scope, and purpose of the application or
proposal;
(v)
Identify the location (e.g., the offices of the Director of
Public Services) where the public may view the application and related
documents; and
(vi)
Include a statement that the public may appear at the public
hearing, be heard, and submit evidence and written comments with respect
to the application.
(4)
Notice requirements. Published and mailed notice for public
hearings shall be provided as defined in Table 16-1.
|
Table 16-1
Notice Requirements for Public Hearings
| ||
|---|---|---|
|
Development Review Procedure
|
Published Notice
|
Written (Mailed) Notice
|
|
Code text amendment
|
Published notice required a minimum of 15 calendar days before
the applicable public hearing
|
No written notice is required for a text amendment.
|
|
Zoning Map amendment
|
Written notice to the applicant and all property owners shown
by the City tax records to be within 300 feet of the outermost boundaries
of the project shall be required prior to the hearing. City Council
may waive the written notice requirement in the event of a comprehensive
Zoning Map amendment.
| |
|
Site plan review, special use permit, variance, appeals
|
Published notice required a minimum of 15 calendar days before
the City Council or Board of Adjustment public hearing
|
Written notice to the applicant and all property owners shown
by the City tax records to be within 300 feet of the outermost boundaries
of the project shall be required prior to the City Council or Board
of Adjustment public hearing.
|
|
Development plan review
|
Published notice required a minimum of 15 calendar days before
the City Council hearings
|
Written notice to the applicant and all property owners shown
by the City tax records to be within 300 feet of the outermost boundaries
of the project shall be required prior to the City Council public
hearing.
|
(6)
Written (mailed) notice.
(i)
Written notification of property owners shall apply only to the initial public hearing and shall not be required for any continuation of said hearing, provided that the continuation complies with § 25-16(k)(2), below.
(ii)
Written notice shall be sent by first-class mail prior to the
public hearing date at which the item will be considered.
(7)
Constructive notice.
(i)
Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt has been
made to comply with applicable notice requirements. Minor defects
in notice shall be limited to errors in a legal description, typographical
or grammatical errors, or errors of actual acreage that do not impede
communication of the notice to affected parties. Failure of a party
to receive written notice shall not invalidate subsequent action.
In all cases, however, the requirements for the timing of the notice
and for specifying the time, date, and place of a hearing shall be
strictly construed. If questions arise at the hearing regarding the
adequacy of notice, the decision-making body shall direct the department
having responsibility for notification to make a formal finding as
to whether there was substantial compliance with the notice requirements
of this Code, and such finding shall be made available to the decisionmaking
body prior to final action on the request.
(ii)
When the records of the City document the publication, mailing,
and/or posting of notices as required by this chapter, it shall be
presumed that notice of a public hearing was given as required by
this section.
(8)
Incorrect notice. If there is an instance where notice is not provided, or is incorrectly provided [excluding minor issues addressed in § 25-16(j)(7)], due to an error outside of the applicant's control, the hearing or meeting shall be rescheduled for the next regularly scheduled meeting or may be rescheduled as a special meeting at the discretion of the applicable review board or City Council.
(k)
Conduct of public meetings and hearings.
(1)
Rights of all persons. Any person may appear at a public hearing
and submit information or evidence, either individually or as a representative
of a person or an organization. Each person who appears at a public
hearing shall be identified, state his or her address, and if appearing
on behalf of a person or organization, state the name and mailing
address of the person or organization being represented.
(2)
Continuance of a public meeting or hearing, or deferral of application
review.
(i)
An applicant may request that a review or decisionmaking body's
consideration of an application at a public meeting/hearing be deferred
by submitting a written request for deferral to the Director of Public
Services prior to the publication of notice as may be required by
this Code. The Director of Public Services may grant such requests,
in which case, the application will be considered at the next regularly
scheduled meeting.
(ii)
A request for deferral of consideration of an application received
by the Director of Public Services after publication of notice of
the public hearing as required by this Code shall be considered as
a request for a continuance of the public hearing, and may only be
granted by the review or decisionmaking body.
(iii)
The review or decisionmaking body conducting
the public hearing may, on its own motion or at the request of the
applicant, continue the public hearing to a fixed date, time, and
place. No additional notice is required if the fixed date, time, and
place is announced at the time of the continuance.
(l)
Withdrawal
of application. Any request for withdrawal of an application shall
be either submitted in writing to the Director of Public Services
by the applicant prior to action by the review or decisionmaking body.
(1)
The
Director of Public Services shall approve a request for withdrawal
of an application if it has been submitted prior to publication of
notice for the public hearing on the application in accordance with
this Code.
(2)
If
the request for withdrawal of an application is submitted after publication
of notice for the public hearing in accordance with this Code, the
request for withdrawal shall be placed on the public hearing agenda
and acted upon by the review or decisionmaking body. Such action shall
not be deemed as a decision on the subject application.
(m)
Examination and copying of application and other documents. Documents and/or records may be inspected and/or copied in accordance with state law. At a minimum, the documents and/or records shall be available in the office of the Director of Public Services during the same time that notice is required in § 25-16(i) and § 25-16(j).
(n)
Effect of any approvals.
(1)
The issuance of any approval, certificate, or permit under this
Code shall authorize only the particular development, alteration,
construction, use, or similar activities approved in the subject application.
(2)
All development, alterations, construction, use, or similar activities authorized by approvals established in this Code shall be maintained in accordance with such approvals and this Code or such activity shall be deemed a violation of this Code, subject to the penalties of Article XIII, Enforcement and Penalties.
(3)
All approvals shall run with the land or use and shall not be
affected by change in ownership unless otherwise specifically stated.
(o)
Modifications or amendments of approved applications.
(1)
For any review procedure, the Director of Public Services is
authorized to allow minor changes related to design of an approved
application where the change is insignificant and has minimal impact
to the overall design of the development or subdivision. This shall
not give the Director of Public Services the authority to vary the
requirements of this Code or any conditions of approval.
(2)
Where the Director of Public Services determines that the proposed
modification, amendment, or change is not minor, the applicant shall
be required to resubmit an application and payment of additional fees
for the application to be reviewed in accordance with the procedures
and standards established for its original approval.
(p)
Reapplication
after denial of an application. If an application is denied, the applicant
may:
(1)
Appeal
the decision in accordance with the applicable appeals procedure established
in this Code or state law; or
(2)
Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Director of Public Services shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in § 25-16(d). If it does not, the Director of Public Services shall return the application, with reasons for their determination in writing, along with any paid fees;
(3)
Submit
the same application after a twenty-four-month waiting period; or
(4)
Submit
a new application if the proposed use and design of the site will
be entirely different than the denied application.
(q)
Subsequent development.
(1)
Development authorized by any approval under this section and
this Code shall not be carried out until the applicant has secured
all other approvals required by this Code or any other applicable
provisions of the City or other agencies with jurisdiction over the
proposed activity.
(2)
The granting of any approval, certificate, or permit shall not
guarantee the approval of any other required certificate, permit,
or application.
(3)
The City shall not be responsible for reviewing the application
for compliance with any permits, certificates, or other approvals
that may be required by the St. Louis County, state, or other agencies
having jurisdiction.
(r)
Computation of time.
(1)
In computing any period of time prescribed or allowed by this
Code, the date of the application, act, decision, or event from which
the designated period of time begins shall not be included. The last
date of the period of time to be computed shall be included, unless
it is a Saturday, a Sunday, or a legal holiday, in which case the
period runs until the end of the next day that is not a Saturday,
a Sunday, or a legal holiday as observed by the City of Kirkwood where
the City administrative offices are closed for the entire day.
(2)
When the period of time is prescribed in days, the presumption
shall be that it is in calendar days, including Saturdays, Sundays,
and legal holidays unless otherwise stated.
(3)
When the period of time prescribed is less than seven days,
intermediate Saturdays, Sundays, and legal holidays shall be excluded
from the computation (i.e., business days and not calendar days).
(4)
All specified time periods shall be counted as consecutive days,
weeks, months, etc., unless otherwise specified.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the Code text and Zoning Map amendment procedure
is to provide a process for amending the Zoning Map and text of this
Code.
(b)
Applicability. This section shall apply to requests to amend the
text of this Code or amend the Zoning Map of the City of Kirkwood,
Missouri, hereafter referred to as the "Zoning Map."
(c)
Initiation.
(1)
Any person who has authority to file an application [See § 25-16(a).] may initiate an amendment by filing an application with the Director of Public Services.
(2)
City Council may initiate a Code text or Map amendment by passing
a motion to initiate such amendment and referring said motion to the
Planning and Zoning Commission.
(3)
The Planning and Zoning Commission may initiate a Code text
or Map amendment by adopting a motion to make such an amendment.
(d)
Code text or Map amendment review procedure. The review procedure for a Code text or Map amendment shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application.
(i)
For amendments that are not initiated by the Planning and Zoning Commission or City Council, the applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.
(ii)
Amendments initiated by City Council or the Planning and Zoning
Commission shall be reviewed in accordance with the procedure of this
section.
(2)
Step 2: Staff review and transmission to the Planning and Zoning
Commission. Upon determination that a Zoning Map amendment application
is complete, the Director of Public Services shall distribute the
application and any related reports and documentation to the Planning
and Zoning Commission prior to the meeting where the application is
to be reviewed.
(3)
Step 3: Planning and Zoning Commission review and recommendation.
(i)
When the application is determined to be complete, the Planning
and Zoning Commission shall review the Code or Zoning Map amendment
application at a public meeting.
(iii)
In reviewing the application, the Planning and
Zoning Commission shall, at a minimum, consider the reports and opinions
transmitted by the Director of Public Services and the review criteria
for Zoning Map or text amendments as established in this section.
(iv)
In making its decision, the Planning and Zoning Commission may
recommend approval, approval with modifications, or denial of the
application.
(v)
If the Planning and Zoning Commission fails to act within 90
days from the date the application is determined to be complete, or
an extended period of time as may be agreed upon by the Planning and
Zoning Commission and the applicant, then the application shall move
forward to Step 4 with a recommendation of approval.
(4)
Step 4: City Council review and decision.
(i)
Following receipt of the Code text or Zoning Map amendment application
and recommendation from the Planning and Zoning Commission, the City
Council shall hold a public hearing to review the application.
(iii)
In reviewing the application, City Council shall
at a minimum, consider the reports and opinions transmitted by the
Director of Public Services, the recommendation from Planning and
Zoning Commission, and the review criteria of this section.
(iv)
Voting requirements.
a.
In the case that the Planning and Zoning Commission recommends
denial of the application or in the case of a protest [See § 25-17(d)(4)(iv)b, below.] the City Council
can only approve the application, or approve with modifications, with
a favorable vote of two-thirds of all members of City Council.
b.
A protest petition against any amendment application may be
presented, in writing, to the City Clerk, in the form of a document
duly signed and acknowledged by the owners of 30% or more either of
the area of the land (exclusive of streets, places and alleys) included
within the areas subject to such application or within an area determined
by lines drawn parallel to and 185 feet distant from the boundaries
of the district proposed to be amended.
c.
If there is no protest or if the Planning and Zoning Commission
recommends approval or approval with modification, the City Council
may adopt, adopt with some modification, or deny the recommendation
of the Planning and Zoning Commission with the concurrence of a simple
majority of all members of City Council.
(e)
Review criteria.
(1)
Zoning Map amendments. Recommendations and decisions on Zoning
Map amendment applications shall be based on consideration of the
following review criteria. Not all criteria may be applicable in each
case, and each case shall be determined on its own facts.
(i)
The proposed amendment is consistent with the Comprehensive
Plan, other adopted City plans, and the stated purposes of this Code;
(ii)
The proposed amendment is necessary or desirable because of
changing conditions, new planning concepts, or other social or economic
conditions;
(iii)
The proposed amendment will promote the public
health, safety, convenience, and general welfare;
(iv)
The uses that would be permitted on the property if it were
reclassified would be compatible with the uses permitted on other
property in the immediate vicinity;
(v)
Adequate utility, sewer, and water facilities, and all other
needed public services exist or can be provided to serve the uses
that would be permitted on a property if it were reclassified;
(vi)
The proposed amendment is not likely to result in significant
adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife, and vegetation, or such impacts
will be substantially mitigated;
(vii)
The proposed amendment will not constitute an
instance where special treatment is given to a particular property
or property owner that would not be applicable to a similar property,
under the same circumstances;
(viii)
The proposed amendment is not likely to result
in significant adverse impacts upon other property in the vicinity
of the subject tract; and
(ix)
The proposed amendment would correct an error in the application
of this Code as applied to the subject property.
(2)
Zoning and Subdivision Code text amendments. Recommendations
and decisions on text amendment applications shall be based on consideration
of the following review criteria:
(i)
The proposed amendment is consistent with the Comprehensive
plan, other adopted City plans, and the stated purposes of this Code;
(ii)
The proposed amendment is necessary or desirable because of
changing conditions, new planning concepts, or other social or economic
conditions;
(iii)
The proposed amendment will promote the public
health, safety, convenience, and general welfare; and
(iv)
The proposed amendment would correct an error in the application
of this Code as applied to the subject properties.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the development plan review process is to
set forth a procedure for certain intense uses, development activities
in downtown, planned commercial districts, and community unit plans.
The intent is to encourage opportunities for a broader mixture of
uses and more intense development where such uses would be appropriate
as recommended by the Comprehensive Plan and other adopted plans and
as determined appropriate by the City of Kirkwood through this development
plan review process. Additionally, the development plan review process
provides for a thorough review of community unit plan applications
where a property contains difficult terrain.
(b)
Applicability.
(1)
No construction or expansion of a building or structure, or
use of land, buildings, or structures, shall be permitted in the following
districts without the review and approval of a development plan pursuant
to this section:
(2)
No construction or expansion of a mixed-use building or mixed-use
development, or alteration of a site with such development, in the
B-2 General Business District shall be permitted without the review
and approval of a development pursuant to this section.
(3)
No construction or expansion of a development, permitted as a community unit plan pursuant to Article IV, Community Unit Plans, shall be permitted without the review and approval of a development pursuant to this section.
(4)
Where a development plan is required, no building permit shall be issued until a site plan has been approved in accordance with the requirements of this section and § 25-19, where required.
(5)
If the Director of Public Services determines that the proposed
development involves only accessory or temporary structures, contains
a single building on a lot, or is of such a small scale as to not
warrant the need for a separate development plan and site plan review,
the Director of Public Services may authorize a simultaneous review
of the development plan and site plan. The Director of Public Services
shall always retain the authority to require any development to go
through a two-step development plan and site plan review process.
(6)
A change in use, reoccupancy of an existing building, or the
internal construction or change in floor area of a building or structure
that does not increase gross floor area, increase the intensity of
use, or affect parking or landscaping requirements on a site that
meets all of the development standards of this Code shall not require
a development plan approval.
(c)
Development plan review procedure. The review procedure for a development plan review shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.
(2)
Step 2: Staff review and transmission to the Planning and Zoning
Commission. Upon determination that a development plan application
is complete, the Director of Public Services shall distribute the
application and any related reports and documentation to the Planning
and Zoning Commission prior to the hearing where the application is
to be reviewed.
(3)
Step 3: Review and recommendation by the Planning and Zoning
Commission.
(i)
Within 120 days after the application is determined to be complete,
the Planning and Zoning Commission shall review the development plan
application at a public meeting.
(iii)
In reviewing the application, the Planning and
Zoning Commission shall, at a minimum, consider the reports and opinions
transmitted by the Director of Public Services and the review criteria
for development plans as established in this section.
(iv)
In its review of an application, the Planning and Zoning Commission
may request that the applicant supply additional information that
the Planning and Zoning Commission deems necessary to adequately review
and evaluate the proposed development.
(v)
In making its decision, the Planning and Zoning Commission may
recommend approval, approval with modifications or supplementary conditions,
or denial of the application.
(vi)
If the Planning and Zoning Commission fails to act within 120
days from the date the application is determined to be complete, or
an extended period as may be agreed upon by the Planning and Zoning
Commission and the applicant, then the application shall move forward
to Step 4 with a recommendation of approval.
(4)
Step 4: Review and decision by the City Council.
(i)
Following receipt of the development plan application and recommendation
from the Planning and Zoning Commission, the City Council shall hold
a public hearing to review the application.
(iii)
In reviewing the application, the City Council
shall, at a minimum, consider the reports and opinions transmitted
by the Director of Public Services, the recommendation from the Planning
and Zoning Commission, and the review criteria for development plans
as established in this section.
(iv)
In its review of an application, the City Council may request
that the applicant supply additional information that the City Council
deems necessary to adequately review and evaluate the proposed development.
(v)
The City Council shall also have the authority to return the
application to the Planning and Zoning Commission for further study
and report.
(vi)
In making its decision, the City Council may approve, approve
with modifications or supplementary conditions, or deny the application
by resolution.
(5)
Step 5: Final site plan review.
(i)
No building permit shall be issued to construct any part or
all of the development in the district or for the mixed-use development
in the B-2 District until such time as the City Council has approved
a site plan for the subject development. However, site grading to
prepare the tract for development may be permitted by the City Council
as a condition of approval of the development plan.
(ii)
The site plan shall be reviewed in accordance with § 25-19; however, a public hearing shall not be required for the final site plan review when said plan is consistent with the approved development plan.
(iii)
A site plan review shall not be required for
single-family dwellings approved as part of a community unit plan.
(d)
Review criteria. Decisions on development plan review applications
shall be based on consideration of the following criteria:
(1)
The development is consistent with all the requirements of this
Code, and other related codes and ordinances enforced by the City;
(2)
The development complies with the applicable zoning district
regulations;
(3)
The development will result in a harmonious grouping of buildings
within the proposed development and in relationship to existing and
proposed uses on adjacent property;
(4)
The development will preserve and be sensitive to the natural
characteristics, including topography, of the site in a manner that
complies with the applicable regulations set forth in this Code and
is not designed in a manner that will adversely affect the normal
and orderly development or improvement of surrounding properties;
(5)
Adequate provision is made for safe and efficient pedestrian,
bicycle, and vehicular circulation within the site and to adjacent
property;
(6)
The development plan demonstrates functional and beneficial
uses of open space areas, and preservation and protection of natural
features of a development site, inclusive of preservation, planting,
maintenance, restoration, protection, and survival of desirable tree
canopy areas within the development site;
(7)
The development plan takes into consideration the impact on
neighboring residential properties resulting from nonresidential uses
within the development, including but not limited to protecting the
existing neighborhood assets and quality of life;
(8)
The development plan accommodates rational and cost-effective
development in relation to public services and the installation and
maintenance of public and private infrastructure by reducing the distance
utilities are extended and installed, and/or by reducing the width
and length of streets;
(9)
The development plan takes into consideration the impact on
nearby historic districts and landmarks, whether designated locally
or nationally;
(10)
The design of the site surface drainage provides for the reasonable
removal of stormwater so as not to adversely affect neighboring properties;
(11)
All structures have access to a public street, walkway, or other
area designated for common use;
(12)
The proposed development does not adversely affect off-site
public services, including sewer, water, and streets, nor adversely
affect the character of the neighborhood, nor adversely affect the
general welfare of the community;
(13)
Pedestrian and cyclist connectivity will be provided in accordance
with the Kirkwood Pedestrian and Bicycle Plan;
(14)
Points of ingress/egress to the development are controlled and
designed in such manner as to minimize conflicts with adjacent properties
and developments;
(15)
Adequate provision is made for emergency vehicle access and
circulation; and
(16)
If the project is to be carried out in progressive stages, each
stage shall be so planned that the foregoing criteria are complied
with at the completion of each stage.
(e)
Alternative equivalency review. Any application for alternative equivalency review proposed as part of the development plan shall be considered simultaneously with the site plan review and shall be further subject to the requirements of § 25-22.
(f)
Time limit. Within 12 months of the date the development plan is approved, the applicant shall file a site plan application (See § 25-19.) or the development plan approval shall expire unless an alternative time schedule has been approved as part of the development plan review.
(g)
Amendments to approved development plans.
(1)
The owner or owners of any tract of land with an approved development plan (or existing use and development) shall file an application for amendment to said plan in compliance with § 25-16 and this section.
(2)
If the proposed amendment substantially modifies the approved
development plan by intensity of use, traffic impact, or construction
or expansion of a structure or parking area by more than 5,000 square
feet, the plan shall be reviewed in the same manner as the original
development plan application in accordance with this section.
(3)
If the proposed amendment modifies the site plan of the approved development plan, the amendment shall be reviewed by the Planning and Zoning Commission and City Council as a final site plan in accordance with § 25-19.
(4)
Minor revisions to the final site plan may be approved by the
Director of Public Services if such revisions satisfy the intent of
the approved site plan.
(h)
Appeals. Any person or entity claiming to be injured or aggrieved
by any final action of the City Council shall have the right to appeal
the decision to the St. Louis County Circuit Court.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of this section is to require site plan review for buildings, structures, and uses to analyze the impacts on natural resources, traffic patterns, adjacent parcels, and the character of future development. The regulations contained herein are intended to provide and promote orderly developments within the City to meet the purposes of this Code as established in § 25-1 and furthermore to ensure:
(1)
The compatibility with adjoining and neighboring parcels;
(2)
The maintenance and improvement of the general welfare and character
of the developments within the community, with proper attention to
setting and the avoidance of unsightly appearances; and
(3)
Other factors conducive to the proper development of the City.
(b)
Applicability and review authority.
(1)
Unless specifically exempted in § 25-19(c), no construction or expansion of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.
(2)
Minor site plan review applicability.
(i)
The Director of Public Services shall be responsible for reviewing and making a decision on site plan review applications for any application where the proposed use, building, or structure is permitted or permitted with standards as established in § 25-35 unless the application contains a simultaneous application for alternative equivalency review or site plan modifications, in which case the site plan shall be subject to major site plan review.
(ii)
The Director of Public Services shall have the authority to
forward a minor site plan review application to the Planning and Zoning
Commission and City Council for review as a major site plan if the
Director of Public Services finds:
a.
That the proposed use or development could potentially create
significant impacts on an adjacent property based on the intensity
or proximity of the proposed use or development; or
b.
There is difficulty in interpreting the application of a standard
or regulation as it pertains to the subject site.
(3)
Major site plan review applicability.
(i)
Any use, building, or structure that is considered a special use in § 25-35 or that requires a development plan approval prior to a site plan review shall be reviewed as a major site plan.
(ii)
Any site plan application that includes a request for alternative equivalency review (See § 25-22.) shall be classified as a major site plan.
(iii)
All other development and activities not identified in § 25-19(b)(2) above, or activities specifically exempted from site plan review, shall be reviewed as a major site plan.
(c)
Exemptions. The following activities shall be exempted from site
plan review under this section:
(1)
Construction or modification of single-family dwellings;
(2)
Construction or modification of accessory structures or uses
established on a lot with a single-family dwelling; and
(3)
A change in use, reoccupancy of an existing building, or the
internal construction or change in floor area of a building or structure
that does not increase gross floor area, increase the intensity of
use, or affect parking or landscaping requirements on a site that
meets all of the development standards of this Code.
(d)
Minor site plan review procedure. The review procedure for a minor site plan review shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application. The applicant shall submit an application in accordance with § 25-16 and with the provisions of this section.
(2)
Step 2: Staff review and decision.
(i)
The Director of Public Services shall make a decision on the
minor site plan review application. In making their decision, the
Director of Public Services may approve or deny the application.
(ii)
Prior to finalizing approval of the application, the Director
of Public Services shall have the authority to provide comments to
the applicant regarding necessary revisions to bring the application
into full compliance. The application shall not be deemed formally
approved until the applicant makes all of the appropriate changes
and submits all necessary revised forms, maps, plans, and documents
to the Director of Public Services. The Director of Public Services
shall make a final decision within 30 days after the resubmission
of revised plans that show compliance with this Code.
(e)
Major site plan review procedure. The review procedure for a major site plan review shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application. The applicant shall submit an application in accordance with § 25-16 and with the provisions of this section.
(2)
Step 2: Staff review and transmission to the Planning and Zoning
Commission. Upon determination that a site plan application is complete,
the Director of Public Services shall distribute the application and
any related reports and documentation to the Planning and Zoning Commission
prior to the meeting where the application is to be reviewed.
(3)
Step 3: Review and recommendation by the Planning and Zoning
Commission.
(i)
The Planning and Zoning Commission shall review the site plan
application at a public meeting.
(iii)
During the public meeting, the Planning and Zoning
Commission will hear a presentation from the applicant and allow other
interested parties to make comments.
(iv)
In reviewing the application, the Planning and Zoning Commission
shall, at a minimum, consider the reports and opinions transmitted
by the Director of Public Services and the review criteria for site
plans as established in this section.
(v)
In its review of an application, the Planning and Zoning Commission
may request that the applicant supply additional information that
the Planning and Zoning Commission deems necessary to adequately review
and evaluate the proposed development.
(vi)
In making its decision, the Planning and Zoning Commission may
recommend approval, approval with modifications or supplementary conditions,
or denial of the application.
(vii)
If the Planning and Zoning Commission fails to
act within 120 days from the date the application is determined to
be complete, or an extended period of time as may be agreed upon by
the Planning and Zoning Commission and the applicant, then the application
shall advance to Step 4 with a recommendation of approval.
(4)
Step 4: Review and decision by the City Council.
(i)
Following receipt of the site plan application and recommendation
from the Planning and Zoning Commission, the City Council shall hold
a public hearing to review the application.
(iii)
In reviewing the application, the City Council
shall at a minimum, consider the reports and opinions transmitted
by the Director of Public Services, the recommendation from the Planning
and Zoning Commission, and the review criteria for site plans as established
in this section.
(iv)
In its review of an application, the City Council may request
that the applicant supply additional information that the City Council
deems necessary to adequately review and evaluate the proposed development.
(v)
The City Council shall also have the authority to return the
application to the Planning and Zoning Commission for further study
and report.
(vi)
In making its decision, the City Council may approve, approve
with modifications or supplementary conditions, or deny the application
by resolution.
(vii)
If the City Council imposes conditions or restrictions, it shall designate specific requirements that must be met before an applicant may be granted final approval of a site plan. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Code punishable as set forth in Article XIII, Enforcement and Penalties.
(f)
Alternative equivalency review. Any application for alternative equivalency review proposed as part of the site plan shall be considered simultaneously with the site plan review and shall be further subject to the requirements of § 25-22.
(g)
Site plan modification. Modifications from existing zoning requirements
might be considered by the Planning and Zoning Commission and the
City Council in relation to property line setbacks [except for the
setback line(s) directly adjacent to properties zoned residentially],
street frontage occupation, landscape requirements, and parking requirements
designed for conventional development. If the developer can demonstrate
that one or more of the numbered objectives listed below are achieved
at a higher level than the minimum requirements in an effort to provide
additional community benefit to justify the requested modification
of certain zoning requirements, the City may grant a modification
to one or more of the zoning requirements listed above. Final determination
of whether the proposed design warrants modification from existing
zoning requirements is at the sole discretion of the City Council.
(1)
Provision of landscaping that is of an equal or higher quality
than is possible under the regulations otherwise applicable to the
property. Quality includes vegetation that is appropriate for the
climate as well as quantity.
(2)
Functional and beneficial uses of open space areas and preservation
and protection of natural features of a development site, inclusive
of preservation, planting, maintenance, restoration, protection and
survival of desirable tree canopy areas within a development site.
(3)
Consideration of the impact on neighboring residential properties
resulting from nonresidential uses within the development, including
but not limited to protecting the existing neighborhood assets and
quality of life.
(4)
Rational and cost-effective development in relation to public
services and the installation and maintenance of public and private
infrastructure by reducing the distance utilities are extended and
installed, and/or by reducing the width and length of streets.
(5)
Design for efficient and effective traffic circulation, both
within and adjacent to the development site, and the encouragement
of pedestrian and nonmotorized pathway utilizing site features compliant
with the land use plan.
(6)
Providing safe access to the development for all users, including
pedestrians, cyclists, and individuals with disabilities.
(7)
To decrease or minimize negative stormwater impacts by reducing
the amount of impervious surfaces in site development.
(8)
Consideration of the impact on nearby historic districts and
landmarks, whether designated locally or nationally.
(h)
Review criteria. Decisions on site plan review applications shall
be based on consideration of the following criteria:
(1)
The development is consistent with recommendations in the approved
Comprehensive Plan and other plans and policies adopted by the City;
(2)
The development complies with all the requirements of this Code,
and other related codes and ordinances enforced by the City;
(3)
The development complies with the applicable zoning district
regulations;
(4)
The development meets all the requirements or conditions of
any applicable development approvals (e.g., special use approvals,
variance approvals, etc.);
(5)
The development will result in a harmonious grouping of buildings
within the proposed development and in relationship to existing and
proposed uses on adjacent property;
(6)
The development will preserve and be sensitive to the natural
characteristics, including topography, of the site in a manner that
complies with the applicable regulations set forth in this Code and
is not designed in a manner that will adversely affect the normal
and orderly development or improvement of surrounding properties;
(7)
The application includes a reasonable plan and guarantees for
the private care and maintenance of all open spaces or green spaces;
(8)
The site plan takes into consideration the impact on nearby
historic districts and landmarks, whether designated locally or nationally;
(9)
Adequate provision is made for safe and efficient pedestrian,
bicycle, and vehicular circulation within the site and to adjacent
property;
(10)
The development will provide adequate lighting for safe and
convenient use of the streets, walkways, driveways, and parking areas;
(11)
The landscaping and buffering will be preserved in its natural state, insofar as reasonably practicable, by minimizing tree and soil removal, and by topographic modifications that result in harmony with adjacent areas giving consideration to the landscape requirements set forth in Article VIII, Landscaping and Buffering Standards;
(12)
The design of the site surface drainage provides for the reasonable
removal of stormwater so as not to adversely affect neighboring properties;
(13)
All structures have access to a public street, walkway or other
area designated for common use;
(14)
The proposed development does not adversely affect off-site
public services, including sewer, water, and streets, nor adversely
affect the character of the neighborhood, nor adversely affect the
general welfare of the community;
(15)
Pedestrian and cyclist connectivity will be provided in accordance
with the Kirkwood Pedestrian and Bicycle Plan;
(16)
Fences and walkways are used, as appropriate, for the protection
and enhancement of property, for the safety of pedestrians, and for
the privacy of its occupants and occupants of adjacent property;
(17)
Points of ingress/egress to the development are controlled and
designed in such manner as to minimize conflicts with adjacent properties
and developments;
(18)
Adequate provision is made for emergency vehicle access and
circulation; and
(19)
If the project is to be carried out in progressive stages, each
stage shall be so planned that the foregoing criteria are complied
with at the completion of each stage.
(i)
Performance guarantees. As part of the site plan review process, a performance guarantee shall be required in accordance with § 25-75 to ensure restoration of the site, protection and installation of public improvements, and compliance with the conditions of approval, including the requirements for drives, walkways, utilities, parking, public improvements, landscaping, screening, and the like.
(j)
Significance of an approved plan.
(1)
An approved site plan shall become, for the proposed development,
a binding commitment of the specific elements approved for development.
The approved site plan may be transferred to another person, corporation,
or group of individuals or corporations prior to the issuance of a
building permit. Such a transfer shall occur only if the new ownership
entity satisfies the administrative, financial, legal, and all other
performance guarantees approved with the original site plan.
(2)
All construction and development under any building permit shall
be in accordance with the approved site plan. Any departure from such
plan shall be cause for revocation of the building permit, and the
property owner or other responsible parties are subject to penalties
as prescribed by this Code.
(k)
Minor site plan reporting. The Director of Public Services shall
provide the Planning and Zoning Commission and City Council with quarterly
reports on all decisions made related to minor site plan applications.
(l)
Phased development.
(1)
In the event an applicant desires to present a site plan identifying
the construction of a complex of buildings and site improvements to
be developed over an extended period of time, a detailed site plan
shall be submitted for approval by the Planning and Zoning Commission
and City Council in accordance with this section for each specific
building project. The site plan shall include a proposed time schedule
for each phase of the project.
(2)
Such detailed site plans may be submitted in advance of or in
conjunction with an application for a building permit.
(3)
Of primary importance in this review will be a determination
that the detailed site plan complies with the site plan approval for
the total development or project.
(4)
In instances of phased development, the portions of the site
not under active construction shall be maintained according to all
City codes and in no way shall the active construction cause the remaining
portions to become a property maintenance issue.
(m)
Time limit.
(1)
Within 12 months of the date the site plan is approved, the applicant shall be required to gain approval of a building permit for the relevant work and have commenced substantial construction. Failure to comply with this timing shall result in the expiration of the site plan approval unless an alternative time schedule has been approved as part of a phased development [See § 25-19(k).] or as part of a development plan approval, where applicable.
(2)
The City Council may, by resolution, grant up to two extensions not exceeding 12 months each upon written request submitted no later than 30 days prior to the date such site plan approval shall expire. Such written request shall include the original application, documentation of a need for a time extension, and a filing fee in accordance with § 25-16. The City Council shall have the authority in such cases to attach new conditions to its reapproval or disapprove the reapplication. Where the application for reapproval contained changes that the City Council concludes materially alter the initial application, it shall refer the application to the Director of Public Services who shall initiate a new site plan review procedure in accordance with the provisions herein.
(n)
Appeals. Any person or entity claiming to be injured or aggrieved
by any final action of the City Council shall have the right to appeal
the decision to the St. Louis County Circuit Court.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of a special use permit is to allow consideration
for certain uses that, due to the use's unique and special nature
relative to location, design, size, operations, circulation, or general
impact on the community, may be appropriate in the designated districts
but need to be evaluated on a case-by-case basis.
(b)
Applicability.
(1)
This section shall apply to all applications for establishment
of a new special use.
(2)
This section shall also apply to any proposed change, modification,
enlargement, or alteration of an approved special use, or the site
development conditions, or operations of an approved special use unless
the Director of Public Services determines that the alteration is
minor in nature, in which case, the alteration can be reviewed through
the building permit application.
(c)
Existing use reclassified as a special use. In the event an existing
use that was permitted, without a special use permit approval, at
the time the use was established is thereafter reclassified as a special
use in the applicable district due to a zoning text amendment, such
use shall be considered to be an approved special use without any
further action. However, any subsequent change to such use shall require
review and approval by the Planning and Zoning Commission in accordance
with this section. Such use, provided that it is established as a
special use in the applicable district, shall not be considered a
nonconforming use.
(d)
Special use permit review procedure.
(1)
A special use permit application shall be reviewed in the same
manner as a major site plan review, as set forth in § 25- 19(e),
except that the City Council may approve, approve with modifications
or supplementary conditions, or deny the application by ordinance.
[Ord. No. 10718, 7-1-2021]
(3)
In reviewing the application, the Planning and Zoning Commission
and City Council shall, at a minimum, consider the reports and opinions
transmitted by the Director of Public Services and the review criteria
for site plans as established in this section. City Council shall
also consider any recommendation from the Planning and Zoning Commission.
(4)
As part of City Council's public hearing, City Council shall
determine whether such buildings, structures, or use will:
(e)
Review criteria. Decisions on a special use application shall be based on consideration of the following review criteria. All special uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards established in § 25-36.
(1)
The proposed special use is established as an allowed special
use in the applicable zoning district;
(2)
The proposed use and design are consistent with the general
purpose of this Code;
(3)
The proposed use complies with any use-specific standards as
may be established for the special use;
(4)
Any building or structure constructed, reconstructed, or altered
as part of a special use in a residential zoning district shall, to
the maximum extent feasible, have an exterior appearance that the
Planning and Zoning Commission and City Council deem compatible with
surrounding residential buildings in scale, height, and massing.
(5)
The special use shall have suitable landscaping, screening,
and fencing wherever deemed necessary by the Planning and Zoning Commission
and City Council to protect surrounding uses;
(6)
The proposed use will comply with all applicable development
standards subject to provisions for waivers and/or variances as established
in this Code;
(7)
The proposed use will be harmonious with the existing or intended
character of the general vicinity, and that such use will not change
the essential character of the same area;
(8)
The proposed use will not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental
to any persons, property, or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare, or odors;
(9)
The circulation on and access to the property shall be so designed
as not to create an interference with traffic on surrounding public
thoroughfares;
(10)
The design of the buildings, structures, and site will not result
in the destruction, loss or damage of a natural, scenic, or historic
feature of major importance;
(11)
The proposed use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in
the district; and
(12)
Wherever no specific areas, frontage, height, or setback requirements
are specified in the requirements for a specific special use, then
such use shall be subject to the site development standards for the
applicable zoning district.
(f)
Additional criteria and conditions.
(1)
The City Council may impose additional conditions, guarantees,
and safeguards as it deems necessary to protect the general welfare
and individual property rights, and to ensure that the special use
will meet the intent and purposes of this Code.
(2)
All activities, programs, and other events proposed on plans
shall be directly related to the special use so granted, and shall
be adequately and properly supervised so as to prevent any hazard
and to assure against any disturbance or nuisance to surrounding properties,
residents, or to the community in general.
(g)
Revocation of a special use permit approval. The breach of any condition, safeguard, or requirement shall constitute a violation of this Code. Such violation may result in revocation of said approval and shall be punishable as specified in Article XIII, Enforcement and Penalties.
(h)
Time limit.
(1)
A special use permit approval shall be deemed to authorize only
one particular special use, and said permit shall automatically expire
if, for any reason, the special use shall be voluntarily abandoned
for more than 120 consecutive days.
(2)
The applicant shall have commenced operation of the special
use or commenced construction of the special use within one year of
the approval of the special use permit or the special use approval
shall expire.
(3)
The applicant may seek to extend the expiration date established
in the subsections above by submitting a request to City Council,
in writing, no later than 30 days prior to the date such special use
approval will expire. The City Council may extend such application
for an additional one year from the anticipated date of expiration,
unless the conditions pertaining to the granting of such special use
permit have materially changed and such special use permit would not
have been granted if an original application were then submitted.
Subsequent one-year extensions may be granted; provided, however,
that no more than three such extensions may be granted. No special
use permit shall be deemed to terminate pending consideration by the
City Council of a timely filed application for extension.
(4)
Unless expressly authorized at the time of the granting of a
special use permit, or upon subsequent application after notice and
hearing in the same manner as provided for in the original application,
all construction and site development shall be completed within 18
months after the issuance of the related building permit or the special
use permit shall expire.
(5)
As part of the special use approval, the City Council may authorize
alternative time limits for building permit issuance based on the
scale of the proposed development.
(6)
Upon expiration of a special use approval, a new application,
including all applicable fees, shall be required before a special
use application will be reviewed.
(i)
Appeals. Any person or entity claiming to be injured or aggrieved
by any final action of the City Council shall have the right to appeal
the decision to the St. Louis County Circuit Court.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the architecture review is to provide a procedure
by which to review building construction, renovation, and expansion,
as well as signs, in a manner that encourages development that will
contribute to the City of Kirkwood's unique sense of place. The purpose
is not to set a specific architectural style or mandate uniformity
but rather to encourage creativity while simultaneously improving
design quality in neighborhoods, gateways, downtown, and business
activity areas that reflects the community's physical and historic
character, while adding to it in appropriate ways.
(b)
Applicability.
(1)
The Architectural Review Board is responsible for architectural
review in the City of Kirkwood and its decisions are either advisory
or binding based on the types and locations of the buildings and structures
as defined herein.
(2)
No building permit for construction, reconstruction, or other
exterior alteration of buildings and structures identified in this
section shall be issued without a decision of the Architectural Review
Board as set forth in this section unless otherwise stated.
(3)
Advisory decisions. Architectural review shall be required for
the construction or expansion of all new single-family dwellings and
the construction and expansion of all accessory buildings related
to single-family dwellings.
(4)
Binding decisions. Architectural review shall be required and
shall be binding for all of the following development and activities:
(5)
The following development and activities are exempt from architectural
review:
(i)
Painting or general maintenance of a structure;
(ii)
Changes in occupancy not involving structural or exterior work;
and
(iii)
Any interior renovations that will not alter
and/or affect the exterior elevations and facade of the building or
structure or any architectural features that are visible from the
outside.
(c)
Architectural review procedure. The review procedure for architectural review shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application.
(i)
The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.
(ii)
In submitting an application, the Director of Public Services
or the Architectural Review Board may request that the applicant provide
exhibits, sketches, examples of materials, renderings, or other documentation
to assist in its decision.
(2)
Step 2: Staff review and transmission to the Architectural Review
Board. Upon determination that an Architectural Review Board application
is complete, the Director of Public Services shall distribute the
application and any related reports and documentation to the Architectural
Review Board prior to the meeting where the application is to be reviewed.
(3)
Step 3: Architectural Review Board review and decision.
(i)
The review of applications by the Architectural Review Board
shall be as set forth in this subsection.
(ii)
The following shall apply to all applications for architectural
review, regardless if the decision is related to signs, advisory decisions,
or binding decisions.
a.
Following receipt of the building permit application, the Architectural
Review Board shall hold a public meeting to review the application.
b.
Notification of the public meeting shall be provided in accordance with § 25-16(i), but the Director of Public Services shall post notice on the property when the Architectural Review Board is making a binding decision.
c.
In reviewing the application, the Architectural Review Board
shall, at a minimum, consider the reports and opinions transmitted
by the Director of Public Services and the review criteria of this
section.
(iii)
Advisory decisions.
a.
Within 180 days after the building application is determined
to be complete, the Architectural Review Board shall review any application
for a development or activity that is subject to an advisory decision
on architectural review.
b.
For advisory decisions, the Architectural Review Board shall
not be authorized to deny an application; however, if the Architectural
Review Board and the applicant fail to reach an agreement on design
modifications to a structure subject to an advisory decision within
180 days, the Building Department shall process the building permit
application as submitted by the applicant.
c.
If the Architectural Review Board fails to act within 180 days
from the date the application is determined to be complete, or an
extended period of time as may be agreed upon by the Architectural
Review Board and the applicant, then the application shall be considered
approved as submitted by the applicant, as described in this section.
(iv)
Binding decisions.
a.
Within 90 days after the Architectural Review Board application
is determined to be complete, the Architectural Review Board shall
review any application for a development or activity that is subject
to a binding decision on architectural review, and shall at a minimum,
consider the reports and opinions transmitted by the Director of Public
Services, all documents and reports submitted by the applicant, and
review criteria of this section.
b.
If the Architectural Review Board fails to act within 90 days
from the date the application is determined to be complete, or an
extended period of time as may be agreed upon by the Architectural
Review Board and the applicant, then the application shall be considered
approved as submitted.
c.
A master sign plan application shall be subject to the above
deadline.
d.
In making its decision, the Architectural Review Board may approve,
approve with modifications or supplementary conditions, or deny the
application.
(v)
Sign permit (binding) decisions.
a.
Within 30 days after the building application is determined
to be complete, the Architectural Review Board shall review any application
for a sign subject to architectural review.
b.
If the Architectural Review Board fails to act within 30 days
from the date the application is determined to be complete, or an
extended period of time as may be agreed upon by the Architectural
Review Board and the applicant, then the application shall be considered
approved as submitted.
(vi)
Additional review for historic structures or structures in historic
districts. If the application concerns a structure that is located
within a locally designated historic district, or if the structure
itself is a designated local landmark, the architectural review process
will include the following additional steps:
a.
The Landmarks Commission will review the proposed development
or activity and make a decision prior to the Architectural Review
Board's review under this section.
b.
If there is a conflict between the Landmarks Commission decision
and the Architectural Review Board's decision, a joint meeting of
both boards will be held to discuss the application.
(d)
Review criteria. Decisions on architectural review shall be based
on consideration of the following criteria:
(1)
The proposed development complies with all the requirements
of this Code and other related codes and ordinances enforced by the
City;
(2)
The proposed development incorporates any applicable guidelines (See Article VII, Architectural Guidelines.) to the maximum extent feasible;
(3)
The application is appropriate to the preservation of the environmental,
architectural, or historic character (if applicable) of the structure
and property pursuant to the design criteria found in this Code; and
(4)
The proposed development meets all the requirements or conditions
of any applicable development approvals (e.g., planned development
approvals, special use approvals, variance approvals, etc.).
(e)
Time limit.
(1)
Within 12 months of the date the architectural review application
is approved, the applicant shall be required to gain approval of a
building permit for the relevant work and have commenced substantial
construction. Failure to comply with this timing shall result in the
expiration of the architectural review approval unless an alternative
time schedule has been approved by the Architectural Review Board.
(2)
The Architectural Review Board may grant up to two extensions
not exceeding 12 months each upon written request submitted no later
than 30 days prior to the date such architectural review approval
shall expire.
(f)
Appeals. Any person or entity claiming to be injured or aggrieved
by any binding decision of the Architectural Review Board shall have
the right to appeal the decision to the St. Louis County Circuit Court.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The alternative equivalency review is a procedure that allows
applicants to propose unique design options as an alternative to a
development standard established in this Code, provided that it meets
or exceeds the intent of the design-related provisions of this Code.
It is not a variance, waiver, or weakening of regulations; rather,
this procedure permits a site-specific plan that is equal to or better
than the strict application of a design standard specified in this
Code. An alternative equivalency approval shall apply only to the
specific site for which it is requested and does not establish a precedent
for assured approval of other requests.
(b)
Applicability. The equivalency provision review procedure shall be
available only for the following sections of this Code:
(c)
Review board.
(1)
Any alternative equivalency review application related to an
architectural guideline shall be reviewed by the Architectural Review
Board as part of the architectural review application.
(2)
All other alternative equivalency review applications shall
be reviewed by the Planning and Zoning Commission and City Council
as part of a development plan (if applicable) or site plan review
application.
(d)
Review timing. A request for an alternative equivalency review shall
be made concurrently with a development plan, site plan, or architectural
review application, whichever is applicable.
(e)
Alternative equivalency review procedure. The review procedure for an alternative equivalency review shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.
(2)
Step 2: Staff review and transmission to the applicable board
or commission. Upon determination that an alternative equivalency
review application is complete, the Director of Public Services shall
distribute the application to the Architectural Review Board or the
Planning and Zoning Commission, as applicable.
(3)
Step 3: Board review and decision.
(i)
The applicable review board shall consider the application as
part of the architectural review, site plan review, and/or development
plan review application as set forth in this article.
(ii)
The applicable board or commission shall make a decision on
the application. In making its decision, the applicable board or commission
may approve, approve with modifications or supplementary conditions,
or deny the application.
(iii)
If approved, any building permit application
shall demonstrate compliance with the equivalency provision review
approval.
(f)
Review criteria. Decisions on an alternative equivalency review application
shall be based on consideration of the following criteria:
(1)
That the proposed alternative achieves the intent of the subject
design or development standard to the same or better degree than the
subject standard;
(2)
That the proposed alternative achieves the goals and policies
of the Comprehensive Plan to the same or better degree than the subject
standard;
(3)
That the proposed alternative results in benefits to the community
that are equivalent to or better than compliance with the subject
standard; and
(4)
That the proposed alternative imposes no greater impacts on
adjacent properties than would occur through compliance with the specific
requirements of this Code.
(g)
Conditions. The Planning and Zoning Commission or the Architectural
Review Board, as applicable, may impose conditions on an approval
for an alternative equivalency review, provided that such conditions
are related to ensuring the performance of the equivalency provision
review to meet or exceed the subject standard. Such conditions may
include required time frames, amendments or revisions to the proposal,
or the ability to revoke an approval for an equivalency provision
review.
(h)
Decisions. Any decision on an alternative equivalency review application
shall not be binding on the City related to future applications requesting
an alternative to any of the applicable standards. Each case shall
be reviewed and decided upon based on the individual circumstances.
(i)
Time limit.
(1)
An approval of an alternative equivalency review application
shall expire if the related site plan approval or building permit
expires.
(2)
Upon expiration of an alternative equivalency review approval,
a new application, including all applicable fees, shall be required
before a new application will be reviewed.
(j)
Appeals. Any person or entity claiming to be injured or aggrieved
by any final action on an alternative equivalency review shall have
the right to appeal the decision based on the appeals procedure for
the architectural review, site plan review, and/or development plan
review, as applicable, with which the alternative equivalency review
application is being reviewed simultaneously.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the administrative waiver is to allow for
minor waivers of dimensional requirements where the applicant can
demonstrate a true practical difficulty, but that the request is minor
in nature and may be evaluated by the Director of Public Services
rather than the Board of Adjustment.
(b)
Applicability.
(1)
The Director of Public Services may grant administrative waivers
for any area or dimensional regulation that does not exceed 10% of
the applicable minimum or maximum regulation. Area and dimensional
regulations include, but are not limited to, minimum front, side,
and rear yard setbacks; maximum height of structures; maximum sign
height; maximum sign area, etc.
(2)
An administrative waiver may only be requested for applications
related to the expansion or alteration of an existing principal or
accessory building or structure on a lot where the principal use will
be a single-family dwelling. Administrative waivers shall not be considered
for the new construction of a building or structure.
(3)
An administrative waiver for a minimum lot area or lot width
requirement is prohibited.
(4)
The applicant shall be required to apply for a variance for
any waiver request that exceeds 10% or other variations from the Code
that do not qualify for administrative waivers.
(5)
Waivers for a side yard setback in the R-3 District that result
in a setback of less than eight feet are not eligible for consideration.
Waivers for a side yard setback in the R-4 District that result in
a setback of less than five feet are not eligible for consideration.
(c)
Administrative waiver review procedure and decision.
(1)
Administrative waivers shall be reviewed as part of the building
permit review.
(2)
In making a decision on the administrative waiver, the Director
of Public Services shall approve, deny, or refer the application to
the Board of Adjustment. All granted waivers shall be reported quarterly
to the Board of Adjustment.
(3)
In approving an administrative waiver, the Director of Public
Services may impose conditions as they may determine are required
to ensure compliance with the standards of this administrative waiver
section and the purpose of this Code. Any conditions established by
the Director of Public Services shall relate directly to the requested
administrative waiver.
(d)
Review criteria for administrative waivers. The review criteria for an administrative waiver shall be the same as an area or dimensional variance as established in § 25-24(c)(1).
(e)
Time limits. An approval of an administrative waiver shall expire
if the approval of the building permit expires or if the building
permit is revoked.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of a variance is to provide limited relief from
the requirements of this Code in those cases where strict application
of a particular requirement will create a practical difficulty or
unnecessary hardship. It is not intended that a variance be granted
merely to remove inconveniences or financial burdens that the requirements
of this Code may impose on property owners in general. Variances are
intended to address extraordinary, exceptional, or unique situations
that were not caused by the applicant's act or omission.
(b)
Variance review procedure. The review procedure for a variance shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).] is encouraged, but not mandatory, prior to submission of the application.
(1)
Step 1: Application. The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section.
(2)
Step 2: Staff review and transmission to the Board of Adjustment.
Upon determination that a variance application is complete, the Director
of Public Services shall distribute the application and any related
reports and documentation to the Board of Adjustment prior to the
meeting where the application is to be reviewed.
(3)
Step 3: Board of Adjustment review and decision.
(i)
Within a reasonable amount of time after the application is
determined to be complete, the Board of Adjustment shall hold a contested
public hearing on the variance application.
(ii)
The Board of Adjustment shall review the variance application
during a contested public hearing.
(iv)
In reviewing the application, the Board of Adjustment shall
at a minimum, consider all sworn testimony, documents, records, reports,
and the reports and opinions transmitted by the Director of Public
Services and the review criteria of this section.
(v)
The Board of Adjustment may request that the applicant supply
additional information that the Board of Adjustment deems necessary
to review and evaluate the request for a variance.
(vi)
In making its decision, the Board of Adjustment may approve,
approve with modifications or supplementary conditions, or deny the
application.
(vii)
In making its decision, the Board of Adjustment
shall make specific findings of fact based directly on the particular
evidence presented that the reasons set forth in the application,
and as presented by the applicant during the contested public hearing,
justify the approval, approval with modifications or supplementary
conditions, or denial of the variance application.
(viii)
In approving a variance, the Board of Adjustment
may impose conditions on the approval, the proposed use, and the premises
to be developed or used pursuant to such approval as it determines
are required to ensure compliance with the standards of this section
and the purpose of this Code. Any conditions established by the Board
of Adjustment shall relate directly to the requested variance.
(c)
Review criteria.
(1)
Area or dimensional variance. Where an applicant is seeking
an area or dimensional variance, the following factors shall be considered
and weighed by the Board of Adjustment to determine if a practical
difficulty exists that would justify approval of the variance. However,
no single factor listed below may control, and not all factors may
be applicable in each case. Each case shall be determined on its own
facts.
(i)
Whether special conditions and circumstances exist which are
peculiar to the land or structure involved and which are not applicable
generally to other lands or structures in the same zoning district.
Examples of such special conditions or circumstances are exceptional
irregularity; narrowness, shallowness or steepness of the lot; or
proximity to nonconforming and inharmonious uses, structures or conditions;
(ii)
Whether the variance is not substantial and is the minimum necessary
to make possible the reasonable use of the land or structures;
(iii)
Whether the essential character of the neighborhood
would be substantially altered or whether adjoining properties would
suffer substantial detriment as a result of the variance;
(iv)
Whether the variance would adversely affect the delivery of
governmental services, such as water, sewer, trash pickup;
(v)
Whether the property owner's request can be obviated through
some method other than a variance;
(vi)
Whether the spirit and intent behind the zoning requirement
would be observed and substantial justice done by granting a variance;
and
(vii)
Whether a strict interpretation of the provisions
of this Code would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this Code.
(2)
Use variance. In order to grant a use variance, the Board of
Adjustment shall determine that strict compliance with the terms of
this Code will result in unnecessary hardship to the applicant. The
applicant must demonstrate such hardship by clear and convincing evidence
that all of the following criteria are satisfied:
(i)
The property cannot be put to any economically viable use under
any of the permitted uses in the zoning district in which the property
is located;
(ii)
The variance requested stems from a condition which is unique
to the property at issue and not ordinarily found in the same zone
or district;
(iii)
The hardship condition is not created by actions
of the owner not including the purchase or acquisition of the property;
(iv)
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents;
(v)
If there is an existing building on the lot, that such building,
due to its design, cannot be reasonably reused for a permitted use
or special use in the district;
(vi)
The granting of the variance will not adversely affect the public
health, safety, convenience, or general welfare;
(vii)
The proposed use to be authorized by the use
variance would not constitute a change in the district map, impair
an adequate supply of light and air to adjacent property, increase
congestion in public streets, increase the danger of fire, materially
diminish or impair established property values within the surrounding
area, and would not in any other respect impair the public health,
safety, convenience, and general welfare of the City;
(viii)
The variance will be consistent with the general
spirit and intent of this Code; and
(ix)
The variance sought is the minimum that will afford relief to
the applicant.
(d)
Time limit.
(1)
The applicant shall submit a completed application for a building
permit within one year of the date the variance was approved or the
approval shall expire unless an alternative schedule was approved
by the Board of Adjustment in its approval.
(2)
Any variance granted by the Board of Adjustment that does not
require an application for a building permit is automatically rescinded
after one year from the date of the Board of Adjustment's decision
if no use of the variance is made within the one-year period.
(3)
The Director of Public Services shall notify the Board of Adjustment
of all variances which are rescinded.
(4)
Upon expiration of a variance approval, a new application, including
all applicable fees, shall be required before a new variance will
be reviewed.
(e)
Appeals of the Board of Adjustment decision.
(1)
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 City, may present
to the circuit court having jurisdiction in St. Louis County a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality and asking for
relief therefrom. Such petition must be presented to the court within
30 days after the filing of the decision in the office of the Board
of Adjustment.
(2)
Upon the presentation of such petition, the court may allow
a writ of certiorari directed to the Board of Adjustment to review
such decision of the Board of Adjustment and shall prescribe therein
the time within which a return thereto must be made and served upon
the relator's attorney, which shall not be less than 10 days and may
be extended by the court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may, on
application, on notice to the Board of Adjustment and on due cause
shown, grant a restraining order. The Board of Adjustment shall not
be required to return the original papers acted upon by it, but it
shall be sufficient to return certified or sworn copies thereof or
of such portions thereof as may be called for by such writ. The return
shall concisely set forth such other facts as may be pertinent and
material to show the grounds of the decision appealed from and shall
be verified. If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter, it
may take additional evidence or appoint a referee to take such evidence
as it may direct and report the same to the court with the findings
of fact and conclusions of law, which shall constitute a part of the
proceedings upon which a determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
(3)
Costs shall not be allowed against the Board of Adjustment unless
it shall appear to the court that it acted with gross negligence,
or in bad faith, or with malice in making the decision appealed from.
All issues in any proceedings under this section shall have preference
over all other civil actions and proceedings.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. This section sets out the procedures to follow when a person
claims to have been aggrieved or affected by an administrative decision
made in the administration or enforcement of this Code.
(b)
Applicability.
(1)
An appeal may be made where it is alleged there is an error
in any order, requirement, decision, or determination made by the
Director of Public Services, or any other administrative official
given the authority to make such order, requirement, decision, or
determination by this Code.
(2)
An appeal may not be made to the Board of Adjustment when the
Planning and Zoning Commission is making a recommendation to City
Council as part of a legislative action, such as a code text or map
amendment.
(c)
Initiation. The appeals may be taken by any person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
or by any officer, department, board or bureau of Kirkwood affected
by any order, requirement, decision or determination of the Director
of Public Services or any other administrative official given the
authority to make a decision as authorized by this Code.
(d)
Appeals review procedure. The review procedure for appeals shall
be as follows:
(1)
Step 1: Submission of appeal. The aggrieved party must file
an application to appeal within 30 days of the order, requirement,
decision or determination appealed from. The application to appeal
must be filed with the Director of Public Services and with the Board
of Adjustment specifying the grounds for appeal.
(2)
Step 2: Forwarding of the record to the Board of Adjustment.
Upon receiving the written appeal of an administrative decision or
determination, the Director of Public Services or other staff member
responsible for maintaining the related records shall transmit the
written appeal with all papers, documents, and other materials related
to the appealed decision or determination to the Board of Adjustment.
This material shall be included in the record of the appeal.
(3)
Step 3: Board of Adjustment review and decision.
(i)
The Board of Adjustment shall hold a contested public hearing within a reasonable period of time of the filing of the appeal, provided that adequate notification is provided pursuant to § 25-16(j).
(ii)
Any person affected by the appeal may appear at the contested
public hearing and testify under oath, in person, or by attorney or
agent and may submit documents and evidence into the record.
(iii)
Within a reasonable period of time following
the contested public hearing, the Board of Adjustment shall render
a decision on the appeal. The Director of Public Services shall notify
the appellant in writing of the decision of the Board of Adjustment.
An extended time frame may be authorized if agreed upon by the Board
of Adjustment and applicant.
(iv)
The decision of the Board of Adjustment shall become effective
immediately.
(v)
The order, requirement, decision or determination of the Board
may be made a part of any building permit ordered to be issued by
a decision of the Board.
(e)
Review criteria. A decision or determination shall not be reversed
or modified unless there is competent material and substantial evidence
in the record that the decision or determination is in error.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the minor subdivision process is to allow
for small subdivisions of land, consolidation of lots, or transfer
of a portion of a lot to an adjacent lot where there will not be the
creation of a new street, dedication of right-of-way (unless specifically
allowed herein), or a need for any public improvements. It is furthermore
the purpose of this section to allow for the administrative approval
of condominium plats.
(b)
Applicability.
(1)
For the purposes of this Code, a minor subdivision includes
a lot split, lot consolidation, or transfer of land between adjacent
property owners that complies with the following requirements.
(i)
The proposed subdivision is located along an existing public
street and involves no opening of any new street, or the widening
or extension of an existing street, or the installation of any other
public improvements;
(ii)
The subdivision shall not result in or create more than one
additional lot above the total number of parent lots (e.g., one lot
split from a larger parent lot or the consolidation of two pieces
of land from two adjacent lot splits), unless otherwise allowed in
the B-4 and B-5 Districts as established below;
(iii)
The subdivision shall be in compliance with all
applicable site development standards in this Code or with any approved
variance from such standards;
(iv)
The subdivision shall not require a subdivision modification;
(v)
The subdivision shall not require the dedication of rights-of-way;
and
(vi)
No landlocking of parcels shall occur as a result of the minor
subdivision, unless otherwise allowed in the B-4 and B-5 Districts
as established below.
(2)
A minor subdivision process shall be applicable for the creation
of condominium plats as defined by Chapter 448, RSMo.
(3)
A minor subdivision process shall be applicable for boundary
adjustments that result in or create no additional lot.
(4)
Where the City Council has approved a development plan in the
B-4 or B-5 District that includes the subdivision of land into any
number of lots and where the subject development plan includes a cross-easement
agreement or other form of agreement, such subdivision of land may
be reviewed as a minor subdivision, provided that the property remains
under the terms and conditions of the development plan.
(c)
Sale of land in subdivisions, start of construction, and permitting.
(1)
No owner, or authorized agent, of any land located within a
subdivision shall transfer, sell, agree to sell or negotiate to sell
any land by reference to, by exhibition of, or by the use of, a plan
or plat of a subdivision, nor proceed with any construction work before
such plan or plat has been approved and recorded in the manner prescribed
in these regulations.
(2)
Any sale or transfer contrary to the provisions of this section
is void. The description of such lot or parcel by metes and bounds
in the instrument of transfer or other documents used in the process
of selling or transferring shall not exempt the transaction from the
provisions of these regulations.
(3)
The Director of Public Services shall not issue building permits
for any structure or activity on a lot in a subdivision for which
a plat has not been approved and recorded in the manner prescribed
in these regulations.
(d)
Minor subdivision review procedure. The review procedure for a minor
subdivision shall be conducted as established in this section.
(1)
Step 1: Application.
(i)
The applicant shall submit an application in accordance with § 25-16, and with the provisions of this section and require the submission and approval of a preliminary plat and a final plat.
(ii)
A boundary adjustment shall be accomplished by plat prepared
by a surveyor licensed in the State of Missouri and shall include
an adequate legal description of the boundaries of the original lots
and of the adjusted lots.
(2)
Step 2: Review and decision by the Director of Public Services
and City Clerk.
(i)
The Director of Public Services and City Clerk shall review
the application and approve, approve with modifications that will
bring the application into compliance with codes, or deny the application
based on the review criteria established below.
(ii)
If the application is approved with modifications, the applicant
shall be required to revise all documents prior to final signing and
recording.
(e)
Review criteria. In order to approve a minor subdivision, the Director
of Public Services shall determine the following:
(1)
That the application complies with all applicable provisions
of this Code;
(2)
That the application complies with all other applicable regulations
and plans of the City;
(3)
That the Director of Public Services and any other applicable
review agencies have no objections that cannot be resolved by the
applicant; and
(4)
For condominium plats, such plat shall comply with the requirements
of a condominium plat as established by Chapter 448, RSMo.
(f)
Recording. After approval, the applicant shall then be responsible
for submitting the signed conveyance with the Recorder of Deeds of
St. Louis County and returning a copy of said recorded document to
the City.
(g)
Time limit. If the applicant does not record the plat within 90 days
of signed approval, the plat approval shall expire. After the plat
approval expires, any new minor subdivision will require a new application
and related fees in accordance with this Code.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. The purpose of the major subdivision process is to provide
a method of review for any subdivision that exceeds the scope of a
minor subdivision and which includes multiple lots, the creation or
expansion of new streets, and/or the installation of public improvements.
(b)
Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in § 25-26 shall be subject to the requirements of this section and require the submission and approval of a preliminary plat and a final plat.
(c)
Sale of land in subdivisions, start of construction, and permitting.
(1)
No owner, or authorized agent, of any land located within a
subdivision shall transfer, sell, agree to sell, or negotiate to sell
any land by reference to, by exhibition of, or by the use of, a plan
or plat of a subdivision, nor proceed with any construction work before
such plan or plat has been approved and recorded in the manner prescribed
in these regulations.
(2)
Any sale or transfer contrary to the provisions of this section
is void. The description of such lot or parcel by metes and bounds
in the instrument of transfer or other documents used in the process
of selling or transferring shall not exempt the transaction from the
provisions of these regulations.
(3)
The Director of Public Services shall not issue building permits
for any structure or activity on a lot in a subdivision for which
a plat has not been approved and recorded in the manner prescribed
in these regulations.
(d)
Major subdivision review procedure. The review procedure for a major subdivision shall be conducted as established in this section. A preapplication meeting [See § 25-16(f).)] is encouraged, but not mandatory, prior to submission of the application for any of the required plans.
(1)
Step 1: Sketch plan consideration (optional).
(i)
Prior to submitting a preliminary plat of a subdivision, a developer
may submit a sketch plan to the Director of Public Services.
(ii)
The submission of a sketch plan shall not require the payment
of a fee.
(iii)
The Director of Public Services shall review
and evaluate the sketch plan as soon as practical and shall advise
the developer of the general observations and feasibilities of the
proposed subdivision.
(2)
Step 2: Application and filing of a preliminary plat. The developer or subdivider shall submit an application and preliminary plat in accordance with § 25-16, and with the provisions of this section.
(3)
Step 3: Staff review and transmission to the Planning and Zoning
Commission. Upon determination that a preliminary plat application
is complete, the Director of Public Services shall distribute the
application and any related reports and documentation to the Planning
and Zoning Commission prior to the meeting where the application is
to be reviewed.
(4)
Step 4: Review and recommendation by the Planning and Zoning
Commission.
(i)
The Planning and Zoning Commission shall review the preliminary
plat application at a public meeting.
(iii)
In reviewing the application, the Planning and
Zoning Commission shall, at a minimum, consider the reports and opinions
transmitted by the Director of Public Services and the review criteria
for preliminary plats as established in this section.
(iv)
In its review of an application, the Planning and Zoning Commission
may request that the applicant supply additional information that
the Planning and Zoning Commission deems necessary to adequately review
and evaluate the proposed development.
(v)
In making its decision, the Planning and Zoning Commission may
recommend approval, approval with modifications or supplementary conditions,
or denial of the application.
(vi)
If the Planning and Zoning Commission fails to act within 120
days from the date the application is determined to be complete, or
an extended period of time as may be agreed upon by the Planning and
Zoning Commission and the applicant, then the application shall move
forward to Step 5 with a recommendation of approval.
(5)
Step 5: Review and decision by the City Council.
(i)
Following receipt of the preliminary plat application and recommendation
from the Planning and Zoning Commission, the City Council shall hold
a public meeting to review the application.
(iii)
In reviewing the application, the City Council
shall, at a minimum, consider the reports and opinions transmitted
by the Director of Public Services, the recommendation from the Planning
and Zoning Commission, and the review criteria for preliminary plats
as established in this section.
(iv)
In its review of an application, the City Council may request
that the applicant supply additional information that the City Council
deems necessary to adequately review and evaluate the proposed development.
(v)
The City Council shall also have the authority to return the
application to the Planning and Zoning Commission for further study
and report.
(vi)
In making its decision, the City Council may approve, approve
with modifications or supplementary conditions, or deny the application
by resolution.
(vii)
If the preliminary plat is approved by the Council
by resolution, the applicant is authorized to proceed with the preparation
of the final plat.
(7)
Step 7: Staff review and transmission to the Planning and Zoning
Commission. Upon determination that a final plat application, including
the improvement plans, is complete, the Director of Public Services
shall distribute the application and any related reports and documentation
to the Planning and Zoning Commission prior to the meeting where the
application is to be reviewed.
(8)
Step 8: Review of improvement plans and decision by the Director
of Public Services.
(i)
The Director of Public Services shall review the improvement
plans and approve, approve with modifications that will bring the
plans into compliance with codes, or deny approval of the improvement
plans based on the review criteria established in this section.
(ii)
If the improvement plans are approved with modifications, the
applicant shall be required to revise all documents prior to City
Council's decision in Step 10.
(iii)
The decision of the Director of Public Services
on the improvement plans shall not guarantee the approval of the final
plat or acceptance of any public improvements.
(9)
Step 9: Review and recommendation by the Planning and Zoning
Commission.
(i)
The Planning and Zoning Commission shall review the final plat
application at a public meeting.
(iii)
In reviewing the application, the Planning and
Zoning Commission shall, at a minimum, consider the reports and opinions
transmitted by the Director of Public Services and the review criteria
for preliminary plats as established in this section.
(iv)
In its review of an application, the Planning and Zoning Commission
may request that the applicant supply additional information that
the Planning and Zoning Commission deems necessary to adequately review
and evaluate the proposed development.
(v)
In making its decision, the Planning and Zoning Commission may
recommend approval, approval with modifications or supplementary conditions,
or denial of the application.
(vi)
If the Planning and Zoning Commission fails to act within 120
days from the date the application is determined to be complete, or
an extended period of time as may be agreed upon by the Planning and
Zoning Commission and the applicant, then the application shall move
forward to Step 10 with a recommendation of approval.
(10)
Step 10: Review and decision by the City Council.
(i)
Following receipt of the final plat application and recommendation
from the Planning and Zoning Commission, the City Council shall hold
a public meeting to review the application.
(iii)
In reviewing the application, the City Council
shall, at a minimum, consider the reports and opinions transmitted
by the Director of Public Services, the recommendation from the Planning
and Zoning Commission, and the review criteria for final plats as
established in this section.
(iv)
In its review of an application, the City Council may request
that the applicant supply additional information that the City Council
deems necessary to adequately review and evaluate the proposed development.
(v)
The City Council shall also have the authority to return the
application to the Planning and Zoning Commission for further study
and report.
(vi)
In making its decision, the City Council may approve, approve
with modifications or supplementary conditions, or deny the application
by ordinance.
(vii)
Approval of the final plat by the City Council
shall be by ordinance and shall be certified on the document to be
filed for record over the signature of the City Clerk and the seal
of the City of Kirkwood. After the City Council has approved the performance
guarantee posted by the subdivider, the final plat, endorsed with
the approval of the City Council, together with a certified copy of
the ordinance granting such approval, shall be filed for record in
the office of the St. Louis County Recorder of Deeds at the sole expense
of the subdivider within 90 days of the passage of the ordinance or
said ordinance and subdivision plat approval shall become null and
void.
(viii)
Within 10 days after the recording of the final
plat, the subdivider shall file with the City Clerk one paper print
of the recorded plat and one paper copy of the recorded ordinance,
all of which shall bear the print of the recorder's stamp thereon.
(ix)
No plat of a subdivision in the City of Kirkwood shall be recorded
in the St. Louis County's Recorder's Office or have any validity until
it has been approved in the manner prescribed in this article.
(e)
Review criteria.
(1)
Preliminary plat review criteria. Decisions on preliminary plat
applications shall be based on consideration of the following criteria:
(i)
That the subdivision plat complies with all applicable provisions
of this Code;
(ii)
That the subdivision plat does not conflict with other regulations,
the Comprehensive Plan, or other adopted plans and policies of the
City;
(iii)
That applicable review agencies have no objections
that cannot be resolved by the applicant;
(iv)
That public facilities, including but not limited to streets,
water, electric, sanitary and storm sewers, will be adequate to support
and service the area of the proposed subdivision, and that definite
provision has been made for a water supply system that is sufficient
in terms of quantity, dependability, and quality to provide an appropriate
supply of water for the type of subdivision proposed;
(v)
That the proposed subdivision will not result in an isolated
subdivision of land that leaves undeveloped parcels of land lacking
urban services between developed parcels;
(vi)
That the subdivider has allowed sufficient area to meet the
requirements for open space, if applicable; and
(vii)
That the subdivider has taken every effort to
ensure that the public health, safety, and welfare are perpetuated
by the proposed subdivision.
(2)
Final plat review criteria. Decisions on final plat applications
shall be based on consideration of the following criteria:
(i)
That the final subdivision plat complies with all applicable
provisions of this Code;
(ii)
That the final subdivision plat, improvement plans, and construction
drawings substantially comply with all specific requirements, the
purpose, intent, and basic objectives of the preliminary subdivision
plat, and any commitments made or conditions agreed to in the approval
of the preliminary plat, and with any applicable regulations in this
Code.
(iii)
That applicable review agencies have no objections
that cannot be resolved by the applicant; and
(iv)
That the final subdivision plat is in full compliance with the
approved preliminary plat, where applicable.
(3)
Improvement plans review criteria. In order to approve improvement
plans, the Director of Public Services shall determine the following:
(i)
That the plans comply with all applicable provisions of this
Code;
(ii)
That the application complies with all other applicable regulations,
plans, design manuals, and standard drawings of the City related to
public improvements; and
(iii)
That the Director of Public Services and any
other applicable review agencies have no objections that cannot be
resolved by the applicant.
(f)
Amendments of plats.
(1)
No changes, erasures, modifications, or revisions shall be made
in any plat of a subdivision after final approval has been given by
the Planning and Zoning Commission and City Council unless the plat
is first resubmitted and the changes approved by the Planning and
Zoning Commission and City Council, or unless otherwise authorized
under this section.
(2)
If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Director of Public Services. The Director of Public Services may require that a revised preliminary plat be submitted for reapproval following the review procedure in § 25-27(d), above if the changes significantly alter the design of the subdivision.
(3)
During the final plat process, the Director of Public Services
is authorized to allow minor changes related to the public improvements
or design where there is minimal impact to the overall design of the
subdivision. This shall not give the Director of Public Services the
authority to vary the requirements of this Code.
(4)
If during the course of construction, any changes or modifications
are encountered that are not in conformance with the original approved
improvement plans or construction drawings, the subdivider shall submit
the modified improvement plans or construction drawings to the Director
of Public Services, who, if in agreement with such modifications,
shall affix their signature to these drawings indicating approval
of the modifications.
(g)
Subdivisions in flood hazard areas.
(1)
All subdivision applications for areas located within the flood
hazard areas as that term is defined in the City of Kirkwood Municipal
Code shall be reviewed with respect to the following criteria:
(i)
The proposed development is consistent with the need to minimize
flood damage.
(ii)
Subdivision proposals greater than five acres or 50 lots, whichever
is lesser, include regulatory flood elevation data.
(iii)
Adequate drainage is provided so as to reduce
exposure to flood hazards.
(iv)
All proposed public utilities and facilities are located so
as to minimize or eliminate flood damage.
(2)
No subdivision application for areas located within a flood hazard area shall be approved by the City Council without a favorable finding of fact with respect to each criterion set forth in § 25-27(g)(1), above.
(h)
Time limit.
(1)
Preliminary approval by the City Council shall confer upon the
applicant the following rights for a one-year period from the date
of approval:
(i)
That the general terms and conditions under which the preliminary
approval was granted will not be changed; and
(ii)
That the applicant may submit on or before said expiration date
the whole or part of said plat for final approval. In the case of
a subdivision being developed in stages, the applicant may elect to
have final approval delayed for a period not to exceed three years
from the date of preliminary approval for the remaining portions of
the plat, after submission of one portion within the specified period.
Failure to submit the remaining portions for approval in final plat
form within the three-year period from the date of preliminary approval
will require reprocessing of the application for preliminary approval.
(2)
Where the applicant proposes to subdivide a tract of land in
several stages, over a period of years, the preliminary plat shall
illustrate the entire subdivision as a whole and include a proposed
phasing plan. Such phasing plan shall identify the sections of the
subdivision to be developed along with related time frames for completion.
If City Council approves such phased plan, the applicant may submit
a final plat and improvement plans for individual phases of the subdivision
in accordance with the approved phasing plan.
(i)
Subdivision modifications.
(1)
Purpose. The purpose of a subdivision modification is to provide
limited relief from standards that apply to the subdivision of land,
including standards for improvements. Subdivision modifications are
intended for those cases where strict application of a particular
requirement will create a practical difficulty or extraordinary hardship
prohibiting the use of land in a manner otherwise allowed under these
regulations. It is not intended that modifications be approved merely
to remove inconveniences or financial burdens that the requirements
of these regulations may impose on property owners or applicants in
general.
(2)
Applicability.
(i)
If the proposed subdivision requires a deviation from the minimum
site development standards (e.g., lot area, lot width, etc.), the
applicant will be required to apply for and receive all the necessary
subdivision modification approvals prior to approval of a preliminary
plat.
(3)
Subdivision modification review.
(i)
A request for a subdivision modification shall be reviewed as
part of the preliminary plat review procedure.
(ii)
The Planning and Zoning Commission and City Council shall review
the request and may approve, approve with conditions, or deny the
request to modify any or all of the modifications.
(iii)
In approving a modification, the Planning and
Zoning Commission and City Council may impose conditions on the approval
as they determine are required to ensure compliance with the provisions
and purpose of these regulations.
(iv)
If the preliminary plat is denied or if the approval of the
preliminary plat expires, so does the approval of the subdivision
modification. Any future request for preliminary subdivision plat
approval that includes the same modifications shall require a new
review and decision on the request for modifications.
(j)
Appeals. Any person or entity claiming to be injured or aggrieved
by any final action of the City Council shall have the right to appeal
the decision to the St. Louis County Circuit Court.
[Ord. No. 10702, 2-18-2021]
It is the intent of this Code that all questions of interpretation related to the administration and enforcement of this Code shall be first presented to the Director of Public Services, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Director of Public Services. Such appeals shall be in accordance with § 25-25.
