City of St. Peters, MO Article X Planning Administration [1]

[1] Cross Reference — As to license required for outdoor advertising signs, etc., see §§ 605.920 et seq. of this code.

Section 405.770 Planning Administration.

[R.O. 2007 § 405.770; Ord. No. 1523 § 10.0100, 5-11-1989; Ord. No. 2120 § 1, 3-10-1994]

A. The Administrative Officer shall administer and enforce the provisions of this Chapter. The Administrative Officer shall be any person designated as such by the Governing Body of the City. The powers and duties of the Administrative Officer shall be, but are not limited to, the following:

1. Maintain permanent and current records pertaining to this Chapter, including, but not limited to, all maps, amendments and variances.

2. Forward to the Planning and Zoning Commission all information and data necessary to perform their function under provisions of this Chapter.

3. Forward to the Board of Adjustment applications for variances, interpretive relief, or other matters on which the Board of Adjustment is required to act under this Chapter.

4. Initiate a review of the provisions of this Chapter and the Zoning District Map at least every two (2) years and make findings available to the Commission for their consideration.

5. Enforce all provisions of this Chapter and provide specific notification of violations. If violations are not abated in a reasonable time period, as specified, it is the Administrative Officer's responsibility to document the uncorrected violation and forward said document to the Municipal Court Clerk for further legal action.

6. Review and verify for zoning compliance the usage associated with each application for an occupancy permit consistent with applicable City ordinances prior to issuance of a business license.

Section 405.775 Amendments And Changes.

[R.O. 2007 § 405.775; Ord. No. 1523 § 10.0200, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord. No. 1720 § 1, 2-14-1991; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3159 § 1, 12-16-1999; Ord. No. 3280 § 1, 8-10-2000; Ord. No. 3622 § 1, 3-14-2002; Ord. No. 4300 § 1, 6-23-2005; Ord. No. 4398 § 1, 12-15-2005; Ord. No. 5502 § 2, 11-18-2010]

A. The Board of Aldermen of the City may by ordinance, from time to time, in the manner hereinafter set forth, repeal, amend, modify, supplement or change the regulations, restrictions and boundaries of the zoning districts which are herein or hereinafter enacted whenever the general welfare of the public and the residents of the City will, in the opinion of the Board of Aldermen, be promoted by such repeal, amendment, modification, supplement or change of zoning.

B. Any repeal, amendment, modification, supplement or change to the regulations and restrictions and boundaries of the zoning districts may be initiated by the Administrative Officer, the Planning and Zoning Commission or the Board of Aldermen. In addition, a change to the boundaries of a zoning district may be initiated by a petition of the owners of the property to be affected by the proposed change consistent with the requirements of this Section.

C. Petitions For Changes To Zoning District Boundaries.

1. A petition for change to the boundaries of any zoning district shall be submitted by the owners of the real property to be affected by the proposed change on petition forms provided by the Administrative Officer. Each petition shall be filed with the Administrative Officer and be accompanied by pertinent data as prescribed and any additional information deemed necessary by the Administrative Officer.

[Ord. No. 7514, 10-14-2021]

2. A fee, as stated in Appendix A of Title IV of the St. Peters City Code, shall be paid to the City for each petition for a change to the boundaries of a zoning district to cover the costs of advertising, notification, and other administrative expenses associated with the petition.

[Ord. No. 7514, 10-14-2021]

3. A petition for a change to the boundaries of a zoning district shall be submitted to the Administrative Officer and shall contain or be submitted concurrently with the following information:

[Ord. No. 7514, 10-14-2021]

a. A legal description of the real property to be affected, including one (1) electronic copy in a Microsoft Word-compatible format;

b. Acreage of the real property to be affected; and a scaled map of such real property correlated with its legal description and clearly showing the real property's location;

c. The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the St. Charles County Recorder of Deeds evidencing such ownership;

d. The date of filing with the Administrative Officer;

e. The present zoning and proposed change of zoning for the real property;

f. The existing use(s) and proposed use(s) of such real property; and

g. If the applicant(s) or fee owner(s) of the real property are a trust or business entity, then proof of the authority of the party executing the petition must be provided by way of resolution, minutes, trust agreement, operating agreement, or other legally appropriate means.

4. Procedure.

a. Upon receipt of a completed petition for change to the boundaries of a zoning district and the accompanying fee, the Administrative Officer shall submit the petition to the Planning and Zoning Commission who shall hold a public hearing on the proposed change to the boundaries of the zoning district. All such petitions shall be set down for a hearing before the Planning and Zoning Commission not later than sixty (60) days from the date of receipt of a completed petition. Any such hearing may be continued at the request of the applicant upon a showing of good cause or at the discretion of the Commission or Administrative Officer.

b. Additional Notice Requirements. In addition the notice requirements of Subsection (D) of this Section, in the case of a proposed change to the boundaries of any zoning district initiated by a petition filed pursuant to this Section, the City shall:

(1) Make a good faith effort to send three (3) letters, via regular mail, to the landowners of record of all real property located, in whole or in part, within one thousand (1,000) feet of the boundaries of the real property to be affected by the proposed change. The first of such letters shall be sent at least fifteen (15) days prior to the date of the public hearing before the Planning and Zoning Commission. Said letter shall include the notice of the public hearing to be held before the Planning and Zoning Commission stating the date, time and place and the reason for such public hearing. Subsequent letters shall be sent on separate days, each being sent no later than the date of the public hearing before the Planning and Zoning Commission;

(2) Post a sign indicating the date and time of the public hearing before the Planning and Zoning Commission on the real property to be affected by the proposed change. The sign shall be posted at least fifteen (15) days prior to the date of the public hearing before the Planning and Zoning Commission; and

(3) Post signs near the entrances to all subdivisions adjacent to the real property to be affected by the proposed change to the boundaries of the zoning district.

c. After the close of the public hearing, the Planning and Zoning Commission shall make written recommendations to the Board of Aldermen.

D. Public Hearings. No amendment, supplement, change or modification to the regulations, restrictions and boundaries of the zoning districts which are herein or hereinafter enacted shall become effective until after a public hearing is held in relation thereto before the Planning and Zoning Commission, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of any hearing required pursuant to this Section shall be published in a newspaper of general circulation in the City.

E. In case of a protest filed with the City against a proposed change to the boundaries of a zoning district duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.

F. The Planning and Zoning Commission shall submit a written recommendation regarding each proposed amendment, supplement, change or modification to the regulations, restrictions and boundaries of the zoning districts to the Board of Aldermen unless a petition for change to the boundaries of the zoning district has been withdrawn by the applicant in writing. The Board shall not act upon any such amendment, supplement, change or modification until it has received a written recommendation from the Planning and Zoning Commission on the proposed amendment, supplement, change or modification.

G. Upon receipt of the recommendation from the Planning and Zoning Commission, the Board of Aldermen may act on the proposed amendment, supplement, change or modification to the regulations, restrictions and boundaries of the zoning districts.

H. No petition for change to the boundaries of a zoning district shall be considered by the Planning and Zoning Commission or the Board of Aldermen if the real property to be affected by the proposed change was the subject of a similar petition that was denied by the Board of Aldermen, whether by means of an affirmative vote of the Board of Aldermen to reject the bill proposing the change to the boundaries of the zoning district or upon the failure of the bill to pass as an ordinance for lack of sufficient votes in favor, within ninety (90) days prior to the submittal of such petition to the Administrative Officer.

Section 405.780 Special Use Permit.

[R.O. 2007 § 405.780; Ord. No. 1523 §§ 10.0300 — 10.0306, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3580 § 1, 1-10-2001; Ord. No. 3622 § 1, 3-14-2002; Ord. No. 3701 § 1, 9-12-2002; Ord. No. 5132 § 21, 1-8-2009; Ord. No. 5486 § 4, 10-14-2010; Ord. No. 6249 § 24, 10-23-2014; Ord. No. 7165, 6-27-2019]

A. Intent And Purpose. In this Zoning Code, the City has set forth zoning districts within which the use of land and structures and the bulk and location of structures in relation to the land are to be substantially uniform. It is recognized, however, that there are certain uses that are desirable, necessary or convenient to the community, but which because of their unique characteristics and features cannot be classified in a particular district or districts without consideration, in each case, of the impact of such uses on the health, safety, morals and general welfare of the City. Such uses are therefore treated as special uses. A special use is not the right of any applicant. The City of St. Peters reserves the full authority to deny any application for a special use permit which it finds to be detrimental to the health, safety, morals and general welfare of the inhabitants of the City.

[Ord. No. 7781, 3-23-2023]

B. Authorization. The Planning and Zoning Commission may, after public notice and a hearing having been conducted on an application, authorize the issuance of a special use permit. In acting upon any application, the Planning and Zoning Commission shall give due consideration to the standards and conditions prescribed in this Section and shall only grant a special use permit if it finds, based upon the application and evidence presented, that all requirements and standards set forth in this Section have been met and such action is in the best interest of the public health, safety, morals and welfare of the residents of the City.

[Ord. No. 7781, 3-23-2023]

C. Procedure.

1. Public Hearing. Upon receiving a complete application for a special use permit and the accompanying fee, the Administrative Officer shall submit the special use permit application to the Planning and Zoning Commission who shall publish a notice and hold a public hearing on the proposed special use. All such applications shall be set down for a public hearing before the Planning and Zoning Commission not later than sixty-five (65) days from the date of receipt of a complete application. Procedures for such public hearing shall be handled in the same manner as a zoning district amendment as set forth in Section 405.775 of this Code.

2. Determination Of The Commission. After review of the application for a special use and the conduct of a public hearing, the Planning and Zoning Commission shall make a determination as to whether or not the standards described in Subsection (E) of this Section have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Planning and Zoning Commission shall either:

a. Postpone consideration of a special use permit due to lack of sufficient information;

b. Approve the special use permit;

c. Approve the special use permit with conditions; or

d. Deny the special use permit.

D. Filing Of Application And Fees.

[Ord. No. 7514, 10-14-2021]

1. Application for any special use permit permissible under the provisions of this Chapter shall be made as directed by the Administrative Officer. Each application shall be filed with the Administrative Officer and shall be accompanied by the data prescribed and any additional information deemed necessary by the Administrative Officer. The application shall be accompanied by the fee set forth in Appendix A of Title IV of the St. Peters City Code, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.

2. The petition shall be submitted to the Administrative Officer and shall contain or be submitted concurrently with the following information:

a. A legal description of the real property to be affected, including one (1) electronic copy in a Microsoft Word-compatible format;

b. Acreage of the real property to be affected;

c. A scaled map of such real property, correlated with its legal description and clearly showing the real property's location;

d. The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;

e. The date of filing with the Administrative Officer;

f. The present zoning for the real property;

g. The existing use(s) and proposed use(s) of such real property;

h. If the applicant(s) or fee owner(s) of the real property are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, trust agreement, operating agreement, or other legally appropriate means; and

i. A concept plan indicating the following:

(1) Building(s) outline.

(2) Curb cuts.

(3) Boundaries of the subject real property.

(4) Adjacent or connecting streets and their names.

(5) Other items as deemed necessary by the Administrative Officer which may include but are not necessarily limited to:

(a) Floor area,

(b) Parking areas and parking calculations,

(c) Cross access easements with adjacent parcels, if applicable,

(d) Site features including light standards, trash enclosures, fencing,

(e) General location of landscaping,

(f) Front, rear and side yard setbacks.

(6) A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan.

E. Standards For Special Use Permit Approval.

[Ord. No. 7781, 3-23-2023]

1. Approval of a special use permit shall only be granted upon a finding that the application and evidence presented clearly indicate that the proposed special use meets each of the following criteria:

a. The proposed special use complies with all applicable provisions of the St. Peters City Code, including intensity of use regulations, setback regulations and use limitations.

b. The proposed special use on the specified real property will contribute to and promote the general, welfare, health, safety and convenience of the public.

c. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the real property with respect to streets giving access to it are such that the special use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will adversely affect the immediate neighborhood, consideration shall be given to:

(1) The location, nature and height of buildings, structures, walls and fences on the real property; and

(2) The nature and extent of proposed landscaping and screening on the real property.

d. The proposed special use is compatible with surrounding uses and with the surrounding neighborhood.

e. The proposed special use will not cause substantial injury to the value of neighboring property.

f. The proposed special use is consistent with the City's Comprehensive Plan.

g. Off-street parking and loading areas will be provided in accordance with the standards set forth in the St. Peters City Code.

h. Adequate utility, drainage and other such necessary facilities have been or will be provided on the real property.

i. Adequate access roads, entrances and exit drives shall be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys.

j. In considering applications for a special use permit, the Planning and Zoning Commission shall require such conditions of use as either may deem necessary to protect the general welfare of the City and the surrounding real property and to achieve the objectives of this Chapter.

k. A time limitation may be imposed on the special uses identified in the district regulations contained in this Chapter. Said special use permit time limitations shall be renewable at the discretion of the Planning and Zoning Commission.

The applicant shall bear the burden of proof as to whether these criteria have been met.

2. In approving a special use permit, the Planning and Zoning Commission may impose terms, conditions and safeguards that either deem necessary to protect the general welfare of the City and the surrounding real property and to achieve the objectives of this Chapter. These additional requirements, may include, but are not necessarily limited to, any of the following:

a. Requirements for front, side or rear yard setbacks, greater than the minimums required by this Chapter;

b. Requirements for screening or landscaping of parking areas or other portions of the real property from adjoining real property or from the street;

c. Limitations on egress and ingress so as to minimize congestion on City streets;

d. Limitations on number of occupants, method or times of operation, or size of facilities;

e. Regulation of number, design and location of off-street parking or other special features beyond the minimum required by this or other applicable St. Peters City Code provisions or regulations;

f. Use limitations and/or requirements;

g. Height and area limitations and/or requirements;

h. Sign limitations and/or requirements; or

i. Limitations and/or requirements for architectural elevations for any proposed structures.

F. Extension Or Alterations. Where an existing use which is permitted by a special use permit is proposed to be extended or substantially altered in a manner which would in any way change the character or intensity of the use, such proposed extension or substantial alteration shall be treated as a new special use under this Section. Where a use, which is permitted by a special use permit, is proposed to be altered in a minor way, such proposed alteration shall be reviewed by the Planning and Zoning Commission at a regularly scheduled meeting.

G. Period Of Validity.

1. No special use permit granted by the Planning and Zoning Commission shall be valid for a period longer than one (1) year from the date of issuance of the special use permit, unless within such period:

a. A building permit is obtained and the erection or alteration of the real property and related structures, if any, is commenced, or

b. The use lawfully commenced.

2. The Planning and Zoning Commission may, upon written request of the applicant, grant extensions, to such time period not exceeding one hundred eighty (180) days each, without notice of hearing.

H. Appeals. Notwithstanding the provisions of Section 405.800 of this Code to the contrary, procedures for appeals filed pursuant to this Section shall be, as follows:

1. Application For Appeal. Any applicant for a special use permit, fee owners of property subject to an application for a special use permit or other party aggrieved by a decision of the Planning and Zoning Commission under this Section shall have the right to appeal such decision to the Board of Adjustment. Such appeal must be filed within fifteen (15) days after the Planning and Zoning Commission decision (or if the filing date falls on a weekend or holiday, the next regular business day). The request for appeal shall be submitted, in writing, to the Administrative Officer accompanied by a fee of one hundred dollars ($100.00), and duly signed and acknowledged by the person requesting the appeal. The cost of a court reporter for the public hearing shall also be paid by the person requesting the appeal. Each request for appeal must include the following:

a. The name, address, phone number and electronic mail address of the party filing the request for appeal;

b. A statement setting forth the standing of the party to file the appeal;

c. The Application Number on the application that is the subject of the appeal; and

d. A statement of the basis for the appeal, setting forth specific applicable facts and provisions of the City Code.

2. Notice. After the filing of an appeal pursuant to this Section, the Administrative Officer shall promptly, and at least ten (10) days before the hearing, mail a notice of institution of the case to all necessary parties, if any, and to all persons designated, in writing, by the petitioner, intervenor, the applicant for the conditional use permit, and to any other persons to whom the Administrative Officer may determine that notice should be given:

a. The notice of institution of the case to be mailed as provided in this Section shall state in substance:

(1) The caption and number of the case;

(2) That an appeal has been filed in such case, the date it was filed, and the name of the party filing the same;

(3) A brief statement of the matter involved in the case unless a copy of the appeal or protest accompanies said notice;

(4) That a copy of the appeal may be obtained from the City Clerk, giving the address to which application for such a copy may be made. This may be omitted if the notice is accompanied by a copy of such appeal or protest;

(5) A notice of hearing stating:

(a) The caption and number of the case; and

(b) The time and place of the hearing.

3. Intervening. Any owner of either of the areas of the property (exclusive of streets and alleys) described in the application for a conditional use permit subject to appeal or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of such property may, no later than five (5) business days prior to the hearing, file with the Administrative Officer, a written petition to intervene as a party in the proceedings on any appeal duly signed and acknowledged by the intervening party. The petition shall be either hand delivered or delivered by mail and must be received during the regular business hours of the City. The Administrative Officer shall cause notice of the filing of a petition for intervention by mail or electronic mail, or other such written communication approved by the Administrative Officer, to all parties to the action. Any such petition to intervene as a party shall include the following:

a. The name, address, phone number and electronic mail address of the person(s) filing the petition;

b. A statement that the person(s) filing the petition has standing to intervene;

c. The address of the property owned by the intervening petitioner and the linear distance, measured in feet, of such property from the boundaries of the property described in the petition for a special use permit subject to appeal; and

d. A brief statement describing the intervening petitioner's interest relating to the property that is subject to the appeal.

4. Hearing Requirements. Unless the requirements for a hearing herein are expressly or implicitly waived by the parties, each hearing shall adhere to the formal evidentiary rules of Chapter 536, RSMo., as amended, including but not limited to, the following:

a. Oral evidence shall be taken only on oath or affirmation. Any person may provide oral testimony to the Board of Adjustment during a hearing. Unless extended by the Board of Adjustment after receipt of a written request for an extended time received by the Board of Adjustment at least five (5) days prior to the hearing and setting forth the reasons for the request for such an extension, the parties shall each be limited to fifteen (15) minutes of oral evidence before the Board of Adjustment. All other persons providing oral testimony before the Board of Adjustment at a hearing shall be limited to such time as the Board of Adjustment may deem appropriate prior to the commencement of the hearing, but not to exceed five (5) minutes;

b. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Any person providing oral testimony shall be subject to cross-examination;

c. A party who does not testify in his or her own behalf may be called and examined as if under cross-examination;

d. The Board of Adjustment shall cause all proceedings in hearings before it to be suitably recorded and preserved. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply;

e. Records and documents of the City which are to be considered in the case shall be offered in evidence so as to become a part of the record, the same as any other evidence, but the records and documents may be considered as a part of the record by reference thereto when so offered;

f. The Board of Adjustment shall take official notice of all matters of which the courts may take judicial notice;

g. Evidence to which an objection is sustained shall, at the request of the party seeking to introduce the same, or at the instance of the Board of Adjustment, nevertheless be heard and preserved in the record, together with any cross-examination with respect thereto and any rebuttal thereof, unless it is wholly irrelevant, repetitious, privileged, or unduly long;

h. Any evidence received without objection which has probative value shall be considered by the Board of Adjustment along with the other evidence presented. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions. Irrelevant and unduly repetitious evidence may be excluded by the Board of Adjustment;

i. Copies of writings, documents and records shall be admissible without proof that the originals thereof cannot be produced, if it shall appear by testimony or otherwise that the copy offered is a true copy of the original, but the Board of Adjustment may, nevertheless, if it believes the interests of justice so require, sustain any objection to such evidence which would be sustained were the proffered evidence offered in a civil action in the circuit court, but if it does sustain such an objection, it shall give the party offering such evidence reasonable opportunity and, if necessary, opportunity at a later date, to establish by evidence the facts sought to be proved by the evidence to which such objection is sustained;

j. Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of an act, transaction, occurrence or event, shall be admissible as evidence of the act, transaction, occurrence or event, if it shall appear that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect the weight of such evidence, but such showing shall not affect its admissibility. The term "business" shall include business, profession, occupation and calling of every kind;

k. The results of statistical examinations or studies, or of audits, compilations of figures, or surveys, involving interviews with many persons, or examination of many records, or of long or complicated accounts, or of a large number of figures, or involving the ascertainment of many related facts, shall be admissible as evidence of such results, if it shall appear that such examination, study, audit, compilation of figures, or survey was made by or under the supervision of a witness, who is present at the hearing, who testifies to the accuracy of such results, and who is subject to cross-examination, and if it shall further appear by evidence adduced that the witness making or under whose supervision such examination, study, audit, compilation of figures, or survey was made was basically qualified to make it. All the circumstances relating to the making of such an examination, study, audit, compilation of figures or survey, including the nature and extent of the qualifications of the maker, may be shown to affect the weight of such evidence but such showing shall not affect its admissibility;

l. Each party shall be entitled to present written briefs at or after the hearing which shall be read by members of the Board of Adjustment who renders or joins in rendering the final decision;

m. Each member of the Board of Adjustment who renders or joins in rendering a final decision shall, prior to such final decision, either hear all the evidence, read the full record including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs.

5. Decisions In Writing. Every decision by the Board of Adjustment pursuant to this Section shall be in writing and shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the Board of Adjustment bases its decision. Immediately upon rendering a decision, the Department of Planning shall give written notice of its decision by delivering or mailing such notice to each party, or his/her attorney of record, and shall upon request furnish him or her with a copy of the decision, order, and findings of fact and conclusions of law.