[Ord. No. 330 §1(3), 7-12-1999]
A.
To assist the Board of Aldermen in administering and enforcing the regulations contained in this Chapter, the following are established:
[Ord. No. 330 §1(4), 7-12-1999; Ord. No. 729 §1, 6-16-2008; Ord. No. 745 §§1 — 3, 6-15-2009]
A.
Composition. Pursuant to Section 89.310, RSMo., the City of Foristell may make, adopt, amend and carry out a City Plan and appoint a Planning and Zoning Commission. The Commission shall consist of not more than twelve (12) and not less than seven (7) members of which at least five (5) are citizens appointed by the Mayor and approved by the Board of Aldermen. The remaining members will be the Mayor, a member of the Board of Aldermen selected by the Board of Aldermen and the City Code Enforcement Officer. All citizen members of the Commission shall serve without compensation. The term of each appointment shall be for four (4) years except that the terms of the citizen members first (1st) appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment fore mentioned. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing. The number of members of the Foristell Planning and Zoning Commission shall consist of seven (7) members and two (2) alternates appointed by the Mayor and approved by the Board of Aldermen. In the event that the member of the Board selected by the Board is unavailable for a scheduled meeting, the Mayor may designate another Board member to attend such meeting subject to approval by the Board if time permits.
B.
Organization. The Commission shall elect annually from its membership a Chairman, Vice Chairman and from time to time shall provide such rules and regulations consistent with this Code and State laws for its own organization and procedures. The Commission shall appoint the City Clerk or their designee as the official recording secretary for the Planning and Zoning Commission. The Commission shall hold regular meetings and special meetings as its rules provide and shall keep public record of its proceedings. The Commission shall be required to obtain Board of Aldermen approval to appoint employees or staff necessary for any work, to contract City planners or other professionals for any services or to make any other expenditures. The Commission shall meet the second (2nd) Thursday of each month or as so decided by the Commission.
C.
Reports. The Commission shall submit a copy of the Draft Planning and Zoning Commission meeting minutes to the Board of Aldermen to be included in the Board of Aldermen information packet at the next regularly scheduled Board meeting.
D.
Purposes, Powers And Duties. The Commission shall:
1.
Advise and recommend to the Board of Aldermen for adoption, based on comprehensive surveys and studies of existing conditions and probable future growth, a plan for the City's physical development, including the location, length, width and arrangements of the streets, alleys, boulevards and parkways; bridges and viaducts; parks, playgrounds, recreation areas or other public grounds or improvements; the platting of public property into lots, streets or alleys; the location of railroad or streetcar lines, transportation or other channels of communication of any kind; the grouping of public buildings; the design and placement of memorials, art works, power and lighting plants, street lighting standards, telegraph, telephone and electric poles, street name signs, billboards or projecting signs; the elimination of railroad grade crossings; and other items pertaining to the welfare, housing, appearance or beauty of the City or any portion thereof.
2.
Recommend in connection with the City plan's execution and detailed interpretation, such changes and adjustments deemed desirable.
3.
Prepare and recommend to the Board of Aldermen rules controlling land subdivision and/or use.
4.
Recommend the approval or disapproval of plats for land subdivision and/or use.
5.
Recommend legislation intended to further the purposes of City planning.
6.
Prepare and have available forms for the following procedure: amendment applications, permit applications, variance applications and any other applications or permits deemed necessary.
7.
Assume such other powers and duties the Board of Aldermen delegates or State Statutes provide relative to planning of the City of Foristell.
E.
Vote Required. A majority vote of the Commission's full membership shall be required for the adoption, amendment or extension of its recommendations to the Board of Aldermen or for the approval or denial of any application over which it has authority.
[Ord. No. 330 §1(5), 7-12-1999; Ord. No. 452 §1, 7-16-2001; Ord. No. 745 §4, 6-15-2009]
A.
Composition. The Board of Adjustment shall consist of five (5) members appointed by the Board of Aldermen. The members shall be appointed for five (5) years with the first (1st) appointments being staggered so that only one (1) vacancy comes up each year. Members shall serve without compensation. The members of the Board of Adjustment shall hold no other City office. Members of the Board of Adjustment may be removed by the Board of Aldermen for cause stated in writing and after public hearing.
B.
Organization. The Board of Adjustment shall elect annually from among its members a Chairman, Vice Chairman and Secretary and shall adopt such rules and regulations consistent with this Zoning Code and State laws for its own organization and procedures. The Board shall meet at the call of the Chairman and at such times as it determines or is required by the Board of Aldermen and shall keep public record of its proceeding. The Board shall require Board of Aldermen approval to make any expenditures or to obtain assistance from City employees in performing its duties.
C.
Reports. The Board shall submit a copy of the approved Board of Adjustment meeting minutes to the Board of Aldermen to be included in the Board of Aldermen information packet at the next regularly scheduled Board meeting.
D.
Powers And Duties. The Board shall:
1.
Hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
2.
Hear and decide appeals made by any person or persons severally or jointly aggrieved by any order, requirement, decision or determination made by the Zoning Enforcement Officer or other official in the enforcement of these regulations; affirm, reverse wholly or partly, or modify the order, requirement or decisions appealed from and make such order, requirement or decision as, in its opinion, ought to be made.
3.
Render decisions on appeals when it has been determined that a permit has been incorrectly issued or denied, or when it has determined that the zoning order has been incorrectly interpreted or when the appellant proves undue and/or unnecessary hardship due to the provision or provisions herein contained as applied to a specific lot or tract. In cases of unnecessary or undue hardship, due to a peculiar characteristic of a specific lot or tract is proven, the Board of Adjustment may issue a variance, signed by the Chairman and setting out the terms of the variance, as long as there is no substantial detriment to the public good and without substantially impairing the intent, purpose and integrity of the zoning plan as embodied in this zoning ordinance. In no case shall the Board of Adjustment decide an appeal from legislative action of the Board of Aldermen.
4.
Fix a reasonable time for the hearing of appeals and give public notice thereof by publication at least one (1) time in a local newspaper of general circulation not less than five (5) nor more than fifteen (15) days prior to said hearing. The Board shall also give notice by U.S. mail to the owners or agents of property adjacent, abutting or fronting upon the property involved in the appeal. The Board shall render its decision within thirty (30) days of such hearing. At the hearing any party may appear in person or by agent or by attorney. The appellant and the Zoning Officer appealed from shall be notified in writing of the decision of the Board of Adjustment.
5.
Take appeals to the Board by any owner, lessee or tenant of land or public officer, department, board or bureau affected by any decision of the Planning and Zoning Commission. Such appeals shall be made within a period of no more than sixty (60) days and in the manner provided by the rules of the Board of Adjustment. An appeal shall stay all proceedings of the action appealed, unless the Zoning Officer shall certify to the Board by reason of facts, that in his/her opinion, imminent peril to life, property or the public good is at stake.
6.
Be subject to a required majority vote of the Board's full membership (four (4) of the five (5)) to decide in favor of any applicant's appeal.
7.
The Zoning Officer shall transmit to the Board all papers constituting the record upon which the action appealed was taken.
8.
Shall require the appellant to submit the proper application requesting an appeal or variance, such legal descriptions, maps, plans and other information to completely describe the decisions or interpretation being appealed and the reason therefor, along with the names and addresses of the residents and/or owners of property adjacent, abutting or fronting on the property in dispute.
9.
The action of the Board of Adjustment shall be final unless an appeal is taken to the District Court of the County within thirty (30) days therefrom. No case shall be reopened nor shall any application be accepted constituting the same appeal involving the same property upon which the Board has taken final action for at least one (1) year from the date of said final action.
10.
Any person jointly or severally may present to the District Court of the County a petition, duly verified, setting forth that a Board decision is illegal, in whole or part, and specifying the grounds of the illegality, such petition to be presented to the court within thirty (30) days from the Board of Adjustment's final action relative thereto, and the court may wholly or partly reverse, affirm or modify the decision brought for review.
E.
Fees. The fee for filing an appeal to the Board of Adjustment shall be as set out in Appendix A to this Chapter.
[Ord. No. 330 §1(6), 7-12-1999]
A.
Appointment. The Zoning Enforcement Officer shall be appointed by the Board of Aldermen and a vacancy in this office shall be filled in accordance with the procedures set out in the City of Foristell ordinances. Removal shall be in accordance with the procedure set forth in the personnel manual.
B.
Powers And Duties. The Zoning Enforcement Officer or his/her authorized representative shall:
1.
Attend all regular meetings of the Board of Aldermen, the Planning and Zoning Commission and the Board of Adjustment.
2.
Have the right of entry at any reasonable time to cause any building, structure, place or premises to be inspected and examined; the right to order in writing the remedying of any condition found therein violating any requirement of these regulations; and the right to issue a stop order by written notice served on any person engaged in doing such work or causing such condition found in violation of these regulations and such person(s) served shall cease such activity until authorized by the Officer to proceed.
3.
Maintain permanent and current records of all the transactions relative to these regulations, including but not limited to, mapping, meetings, applications, issue permits or other dispositions and provide an information service for the citizens of the City of Foristell on all matters concerning zoning therein.
4.
Examine all applications for zoning-related permits and/or for administration action and determine if said applications and submissions therewith conform to all provisions of these regulations.
5.
If all provisions of these regulations have been met:
a.
Have the authority to issue permits for building/zoning and temporary use permits for those items listed in Section 400.110 of this Chapter.
b.
Submit applications and attachments to the proper administrative authority for its determination.
c.
Upon Commission approval, issue permits for conditional use, temporary use and transitional area.
6.
Initiate, direct and review from time to time a study of the provisions of this Chapter and make such reports available to the Planning and Zoning Commission at least annually or more often as directed.
7.
Initiate and direct for review applications for land use and/or land subdivision.
[Ord. No. 330 §1(7), 7-12-1999; Ord. No. 360 §1, 1-13-2000; Ord. No. 504 §1, 10-7-2002; Ord. No. 553 §1, 8-4-2003; Ord. No. 698 §§2 — 3, 11-20-2006; Ord. No. 714 §1, 7-2-2007]
A.
Application forms shall be available at City Hall for the following:
1.
Amendments. The Board of Aldermen may amend the regulations imposed in the districts created by this Title and amend said district boundary lines provided such amendment conforms to the purpose and intent of these regulations, according to the following procedure:
a.
Amendments may be proposed by any citizen, organization or governmental body.
b.
An application for an amendment shall be filed with the Zoning Enforcement Officer on the appropriate form and accompanied by such information, including the names and current addresses of all property owners that adjoin, abut or front the property in question, if any, and the filing fee as may be required. The submitted application shall be reviewed by the Zoning Enforcement Officer for completeness and transmitted to the Commission and the Board of Aldermen for their review and action.
c.
The Board of Aldermen shall conduct a public hearing for each amendment application at such time and place as it shall establish and publish notice at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing date, said notice shall also be mailed to all property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundary(s) of the property(s) that are being amended.
d.
The Commission shall hold public hearings on the proposed amendment before submitting its final report to the Board of Aldermen. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Commission shall consider:
Relatedness of the proposed amendment to goals and outlines of the City's long-range plan; existing uses of property within the general area of the property; the zoning classification of property within the general area of the property; the suitability of the property to the uses permitted under the existing zoning; the trend of development, if any, which has taken place under its present zoning.
e.
The Board of Aldermen shall approve or deny any proposed changes in zoning.
f.
In case of a written protest against proposed changes in zoning by the owners of thirty percent (30%) or more, either of the area of land (exclusive of streets and alleys) included in such zoning change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the area proposed to be changed, the proposed change in zoning shall only become effective upon a favorable vote of two-thirds (⅔) of the Board of Aldermen.
g.
At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality.
2.
Appeals. The decision of the Board of Aldermen shall be final unless an appeal is taken to the District Court of the County within thirty (30) days. The court may wholly or partly reverse, affirm or modify the decision of the Board of Aldermen.
3.
Permits. The following permits and the procedures for obtaining them are established:
a.
General. Zoning permits shall be a part of the building permit and hereafter referred to as building permits.
(1)
No building or other structure, no use or reuse of land shall be erected, constructed, reconstructed, moved or demolished, nor shall it be altered without first making application for, paying the required fee and being issued a permit in accordance with the terms, restrictions and regulations in this Zoning Code Ordinance.
(2)
All permits are subject to conformity to plans, drawings and other submissions, including all information on the application therefor and shall be revoked if found to be out of conformance therewith. No plan alterations, after approval, will be permitted unless subsequent approval as required by this Zoning Code has been obtained.
(3)
All buildings, structures and uses of land must be in compliance with the size and measurement restrictions and regulations established in this Zoning Code.
(4)
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
(5)
For all structures or buildings that will be used as a residence, an occupancy permit shall be required upon transfer of ownership of said property.
(6)
Horses may be kept in "A-1" Agricultural zoning districts as defined. Horses can also be kept in "R-1" and "R-2" Residential zoning districts on a minimum of three (3) acres or more with a limitation of three (3) acres for one (1) horse and one (1) horse per acre thereafter. Horses are allowed in any district that has a permissive use and/or conditional use allowing horses.
4.
Building and zoning. Zoning permits shall be a part of the building permit and hereafter referred to as building permits:
a.
Applications shall be filed with the Zoning Officer on forms prescribed setting forth the legal description and including a duplicate set of plans drawn to scale indicating:
(1)
The shape and dimensions of the land and adjacent right-of-ways.
(2)
A general description of any existing or proposed buildings or structures including dimensions, shape and location on the premises.
(3)
The intended use and its location.
(4)
The location and dimensions of off-street parking and loading spaces and the means of ingress and egress to same.
(5)
Any other information deemed necessary for consideration in enforcing the provisions of this Chapter. Any additional information requested by the Zoning Officer that might be needed to clarify or aid in the issuance of permits.
b.
The Officer shall act within thirty (30) days of receiving any permit application. In event an application does not meet the requirements of these regulations, the Officer shall so notify the applicant and the applicant may request the decision to be reviewed by the Commission. If the Commission upholds the Officer's decision, the applicant may appeal to the Board of Adjustment in accordance with the appeals procedures herein.
c.
Each principal building or structure to be constructed, erected or altered shall require a separate permit, except accessory buildings or appurtenances may be included in the permit for the principal building upon payment of additional fee and when construction is simultaneous.
d.
Each permit shall expire one (1) year from the date of issuance; however, extensions maybe made where warranted if applied for at least sixty (60) days prior to expiration of current permit. A building permit shall expire if construction has not started within six (6) months of issuance of the permit.
e.
Each permit shall be posted upon the premises for which it is issued in plain view from the nearest street.
f.
A permit issued in accordance with this Code may be revoked by the issuing Officer, if such Officer finds, prior to completion of the structure therefor, a departure has been made from the approved plans, specifications and/or requirements or conditions required under the terms of the permit, or the same was issued under false representation, or any other provision of these regulations is being violated.
g.
Failure, refusal or neglect of any property owner or his/her authorized representative to apply for and secure a valid permit, including payment of the prescribed fee, shall be reason for the immediate issuance of a "Stop Order" by the Officer. Said order to be posted on or near the property in question in a conspicuous place, and no further construction shall proceed until compliance is observed and recorded by the Zoning Officer.
h.
Where building or construction has proceeded without a valid permit, the issuance fee of a subsequent permit shall be increased to double the original permit fee.
5.
(Reserved)
6.
Temporary use.
a.
An application for a temporary use permit shall be made to the Zoning Officer and said permit may be issued by the Zoning Officer for a period of not more than sixty (60) days or as otherwise provided by ordinance for any of the following uses:
b.
The following temporary uses require Planning Commission approval prior to permit issuance and may be authorized for a period not to exceed six (6) months:
(1)
Temporary entertainment events;
(2)
Temporary special events;
(3)
Other temporary uses not specifically listed above.
In authorizing any of the uses in this Subsection, there may be imposed such reasonable requirements as to landscaping, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions. |
7.
Transitional areas. Any land or use facing or adjacent to (either directly or across a public street), or overlapping into, a zoning district permitting uses characteristically different in use or intensity from those of the district in which the subject property or use is located is eligible for its owner or legal agent to apply for a transitional area permit thereby placing the subject land or use under the jurisdiction of the said adjacent district.
a.
Only uses listed as permitted in said adjacent zoning district will be permitted in transitional areas.
b.
An application for a transitional area permit shall be filed with the Zoning Officer and transmitted to the Commission stating the planned use of the transitional area which may not be subsequently changed unless reapplication is made for the different proposed use.
c.
The applicant must submit such plans and profiles as are required in the building/zoning permit Section of this Chapter and such other information and details as are necessary for Commission review.
d.
The Commission shall follow the procedures for conditional use permits and shall determine the proposed use would not be detrimental to any properties adjacent thereto.
e.
If an application is approved, the applicant will be required to file in the County Recorder's office a covenant stating the use approved and that the property shall not be used for any other purpose unless rezoned or reapplication is made to the City. Proof of recording will be required prior to permit issuance.
f.
The effective date of an approved transitional area will be thirty (30) days from the date of Commission approval, and the Official Zoning Map shall be marked with the letters "TA" to indicate those lots so approved.
8.
Uses not listed. The amendment procedure shall be followed for establishing a use not previously identified in these regulations after determination is made by the Planning and Zoning Commission based on the following:
a.
The recommendation of the Commission to the Board of Aldermen shall be rendered within a reasonable time, not to exceed sixty (60) days from application and shall include a definition and state the class or classes of districts in which the proposed use will be added and whether it is a permitted or conditional use.
b.
The determination of the use shall be effective upon the Board of Aldermen approval, pending a formal amendment.
c.
Application shall be made in writing on the same forms used for conditional use but marked "unlisted use".
9.
Variances.
a.
The Board of Adjustment may grant specific variances from the strict application of these regulations when, by reason of exceptional narrowness, shallowness, shape or substantial size of specific parcels of property or by reason of exceptional topography conditions or other extraordinary situations or conditions of specific regulations or amendments thereto would result in a practical difficulty or unnecessary hardship upon the owner of said property, provided:
(1)
Such relief or modification can be granted without substantial impairment of the intent, purpose and integrity of these regulations and of the City's Comprehensive Plan;
(2)
This shall not permit a land use not authorized by these regulations for a specific zoning district;
(3)
If the owner complied with the specific regulations to which he/she is requesting said variance, he/she would not be able to make any reasonable use of his/her property;
(4)
The difficulties or hardship are peculiar to the property in question, in contrast with those of other property in the same district;
(5)
The hardship is not the result of the applicant's own action; and
(6)
The hardship is not merely financial or pecuniary.
b.
Application for variances shall be processed as follows:
(1)
The application shall be on the appropriate form and submitted, with the fee and such legal descriptions, maps, plans and other information to completely detail the proposed use and existing conditions, to the Officer who shall transmit it to the Board of Adjustment for review.
(2)
The Board of Adjustment shall conduct a public hearing according to the procedures established for variance permits and make its recommendation within thirty (30) days therefrom.
10.
General. In each instance where approval of a use or development of property is made subject to conditions by the Board of Aldermen or Board of Adjustment, by issuance of a conditional use permit, transitional area permit or variance, a copy of the document shall be:
a.
Duly recorded, in the County Recorder's office, by the property owner(s) prior to the commencement of said use or development; and
b.
Furnished by said property owner(s) to the operator, lessee, tenant or manager and their successors, each of whom shall forward to the Officer an acknowledgment of having read and accepted said conditions to the use or development so affected.
[Ord. No. 553 §2, 8-4-2003]
A.
Purpose.
1.
Conditional uses are land uses which are considered by the City to be essentially desirable, necessary or convenient to the community but by their nature or their operation may generate large amounts of traffic, may attract a large number of persons to the site of the use, thus creating noise or other pollutants, may have a detrimental effect upon the value or potential development of other properties in the neighborhood, or a potential for accidents or danger to public health and safety. These uses require the consideration and exercise of planning judgment on location, operation and site planning.
2.
It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. The location of such uses shall not be in conflict with the Comprehensive Plan. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in each particular zoning district under conditional uses.
B.
Procedures.
1.
An application for a conditional use permit shall be filed with the Zoning Officer and transmitted to the Planning and Zoning Commission on the approved form at least twenty (20) days prior to any regular Commission meeting. Additional submissions may be required, to include a plot plan and other such details necessary to properly assess the suitability of the use within the subject district.
2.
The applicant shall file a declaration of the use to be made by the owner if the application is granted. The declaration must provide the land use will be solely that which is stated in the application and if such use is abandoned or is proposed to be changed, the subsequent use shall be in conformity with the zoning restrictions in the underlying zoning district.
3.
With the application, a plot plan showing the legal dimensions of the tract, location of all improvements and existing structures, grade elevations, setback requirements, location and type of any screening effort, specific plan for restoring the land after the conditional use is abandoned or discontinued and such other items as the Commission shall deem reasonably necessary to properly process the application.
4.
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning and Zoning Commission and filed with the City Clerk. The application shall be filed on forms prescribed for that purpose by the Commission and be accompanied by the following:
a.
Filing fees as established by the Board of Aldermen.
b.
Legal description of the property.
c.
Property survey, boundary plat or a parcel map obtained from the St. Charles County or the Warren County Assessor's office.
d.
A development plan, either in narrative form or a preliminary site plan, to indicate the intended use of the property. (Site plan should include the requirements of the site plan Section of land development Section of this Code).
e.
A current certificate of title or deed to the property indicating ownership.
5.
Public hearing. All applications shall be subject to a public hearing before the Planning and Zoning Commission. The City Clerk shall hold the public hearing within forty-five (45) days of receipt of a complete application. To be complete the application must contain the minimum application information requirements. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Commission, be continued. At least fifteen (15) calendar days' notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation within the City. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning and Zoning Commission or the Board of Aldermen.
a.
The applicant will be responsible for providing names of all property owners within three hundred (300) linear feet of the property for which a conditional use permit has been requested. Such notices of the public hearing will be mailed by the City Clerk and shall be postmarked at least fifteen (15) calendar days prior to the hearing.
b.
The City Clerk will post the property with notice of the public hearing. Such notice shall be posted at least fifteen (15) calendar days prior to the hearing.
c.
Following the hearing of such application, the Planning and Zoning Commission shall approve, approve with modifications or conditions, or deny the same and the Commission to the Board of Aldermen shall make a report of its action, together with a recommendation for approval or denial.
6.
Burden of proof. In presenting an application for a conditional use permit to the City for review and approval, the burden of proof shall rest with the applicant to provide any necessary evidence required by the Commission or Board of Aldermen to clearly indicate that the proposed conditional use shall meet the following criteria:
a.
The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.
b.
The proposed conditional use at the specified location will contribute to and promote the welfare and convenience of the public.
c.
The proposed conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located.
d.
The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations and/or the City's Comprehensive Plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
e.
Off-street parking and loading areas will be provided in accordance with the standards set forth in this Code.
f.
Adequate utility, drainage and other such necessary facilities have been or will be provided.
g.
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
h.
Adequate provisions for internal traffic and pedestrian traffic are made.
7.
Approval or denial of application.
a.
Subsequent to the aforementioned public hearing, the Planning and Zoning Commission shall file a report with the Board of Aldermen in which the Commission shall approve or deny the application and state the reasons therefore.
b.
The Planning and Zoning Commission may permit those developments and uses for which the evidence submitted, as required in Subsection (B)(3) of this Section, reflect that such developments and uses are:
(1)
Consistent with good planning practice.
(2)
Can be operated in a manner that is not detrimental to the permitted uses in the district.
(3)
Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.
(4)
Will not significantly increase traffic congestion or other hazards.
(5)
Will not increase fire hazards.
(6)
Will not over tax public utilities at the desired intensity of use.
(7)
Will not injure the value of neighboring property or create limitations on the future development of neighboring properties.
(8)
Comply with the recommendations of the City's Comprehensive Plan or any subarea plans that are applicable to the neighborhood or sector of the City.
If the facts of the case do not establish that the standards set forth in this Chapter will be met, the Planning and Zoning Commission shall deny the request. |
c.
The Commission may approve or deny said application based on the desirability of said use on that particular site. The Commission may provide approval contingent on acceptance and observance of specific conditions including, but not limited to, the following.
d.
In approving conditional use permit applications, the Planning and Zoning Commission may impose such conditions as it determines necessary to meet the aforementioned standards. These conditions may include, but are not necessarily limited to, the following:
(1)
Permitted uses, including maximum floor area;
(2)
Guarantees as to compliance with the terms of the approval;
(3)
Performance standards;
(4)
Height limitations;
(5)
Special yards, open spaces, buffer strips, walls, fences, hedges and landscaping;
(6)
Minimum yard requirements;
(7)
Off-street parking and loading requirements;
(8)
Sign regulations;
(9)
Minimum requirements for site development plans;
(10)
Limits on time of day for conduct of specific activities;
(11)
Time limitations for duration of the use or subsequent review;
(12)
A period in which the use shall be exercised or the approval shall lapse;
(13)
Architectural elevations of any proposed structures; and
(14)
All proposed landscaping.
These, and any other conditions deemed necessary by the Board of Aldermen, may be made more restrictive than the minimum requirements of the respective zoning district within which the conditional use will be located. |
e.
The Commission's decision shall be final unless overruled by the Board of Aldermen within thirty (30) days. Should the Board of Aldermen take no action on the Commission's decision within thirty (30) days, the inaction shall be deemed an approval.
f.
All approvals of conditional use permits shall be recorded and are in effect only as long as the owner of the property applying for the permit remains the owner.
8.
Permit effective — when. A conditional use permit or an amendment thereto shall become effective following approval of the application by the Board of Aldermen pursuant to receipt of a report from the Planning and Zoning Commission. In the event that a conditional use permit is filed in conjunction with a change in zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some other governmental authority or agency requires some additional approval, the permit shall not become effective until that approval is received.
9.
Effect of denial. Following denial by the Board of Aldermen of an application for a conditional use permit, the City Clerk shall notify the applicant in writing of such denial. No subsequent application for the same use with reference to the same property or part thereof concerning the same conditional use shall be filed by any applicant until the expiration of twelve (12) months after the denial. Although the applicant is restrained from reapplying for a twelve (12) month period, no provision herein shall be construed to prevent the Commission or the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time within that twelve (12) month period or later.
C.
Protest And Board Review Of Planning Commission Decision.
1.
Protest by nearby property owners. In case a protest against such conditional use is presented, duly signed, notarized and acknowledged by the owners of more than thirty percent (30%) of the area of land (exclusive of public streets and alleys) included in such proposed change; or of the owners of thirty percent (30%) of the land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant form the boundaries of property upon which the conditional use will be located, such conditional use shall not become effective except by the favorable vote of three-quarters (¾) of all the members of the Board of Aldermen. A notice of protest must be filed within the ten (10) calendar days following the Planning and Zoning Commission's decision, be in writing, filed in duplicate with the City Clerk and accompanied by the signatures and addresses of the property owners involved. The notice of protest shall include a notarized verification from the person(s) collecting the protestants' signatures that all signatures are correct and real. Protestants' signatures and printed names shall match the record of property ownership within the St. Charles County and/or the Warren County Recorder of Deeds office as applicable. The protest shall specifically state how the application, as initially filed or subsequently modified, meets (or fails to meet) the criteria set forth in this Code.
2.
Board of Aldermen review of decision. The Board of Aldermen shall review the Planning and Zoning Commission's decision on an application for a conditional use permit at the regularly scheduled meeting of the Board of Aldermen pursuant to the report of the Planning and Zoning Commission on the application as received.
3.
Public hearing by the Board of Aldermen. Before initiating any review or acting on any protest, the Board of Aldermen shall set the matter for hearing. Written notice of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days prior to the public hearing. The applicant, any citizen of the City of Foristell, and all other parties of interest shall be permitted to speak at the hearing.
4.
Board of Aldermen decision. Following the hearing by the Board of Aldermen, the Board may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of two-thirds (⅔) of the members of the Board of Aldermen shall be required to reverse or modify any determination of the Commission.
D.
Performance Guarantee. As a condition of approval of the conditional use permit, the Planning and Zoning Commission (or the Board of Aldermen) may require a deposit by the applicant with the City Clerk as a performance guarantee in the form of cash, certified check or other form of surety acceptable to the Board of Aldermen in an amount sufficient to insure performance of any obligations of the applicant to make any improvements shown upon the site plan accompanying the conditional use permit application or attested to in any other accompanying documents.
1.
Amount. The amount of the deposit shall be determined by the City Engineer and shall be sufficient to insure completion of the improvements within the time period specified by the approval.
2.
Legal form. The selected performance guarantee shall be reviewed and approved by the City Attorney as to legal form.
3.
Release of guarantee. The City Clerk shall refund to the applicant, after verification, amounts of any deposits equivalent to the ratio of the work completed to the entire improvements secured. Such refunds shall not exceed ninety-five percent (95%) of the total deposit held. Upon completion of all the secured improvements in conformance with all applicable City standards and specifications verified by the City Engineer, the final five percent (5%) shall be released.
E.
Procedure To Amend An Approved Conditional Use Permit. In order to amend an existing conditional use permit, the application procedures, required materials, approval process and appeal process shall be the same as for a new permit.
F.
Time Limit Of Conditional Use Permit. Conditional use permits shall be valid to the property owner for the subject property for an unlimited period of time subject to the requirements of Subsection (G) (below) unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning and Zoning Commission which may extend it for an unlimited period or for a specified additional period of time.
G.
Failure To Commence Construction Or Operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction or operation of the conditional use where construction is not required shall commence within six (6) months of the effective date of the permit unless such time period is extended through appeal to and approval by the Planning and Zoning Commission. If no appeal is made or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the initial six (6) month period. When the conditional use permit commences, evidence of commencement will be the issuance of a building permit, if construction is required, or an occupancy permit, if construction is not required.
H.
Revocation Of Conditional Use Permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use through non-compliance with any of the conditions attached to its approval, the Board of Aldermen, after recommendation from the Planning and Zoning Commission, reserves the full authority to revoke the approval at any time.
I.
Transferability. All conditional use permits shall be approved for the originating applicant for a specific location and may not be transferred to any other location by that applicant. Should the property, business or use for which the conditional use permit was sought be transferred to a different ownership, the new owner shall require a renewal of the original conditional use permit in the same manner as an original request for a conditional use permit under this Code.
J.
Specific Requirements For Individual Conditional Uses.
1.
Extraction of minerals, including rock, sand and gravel.
a.
b.
Height. No structure, building or outside storage of extracted materials shall exceed sixty (60) feet in height or three (3) stories, whichever is less.
c.
Parking. Parking requirements shall be in accordance with the requirements of this Code.
d.
Landscaping.
(1)
A buffer of trees and shrubs of such density to obscure visible evidence of extraction activities from adjoining property, not less than twenty (20) feet in depth, shall be maintained along all boundaries for such use, excepting at established entrances and exits. To the extent that office buildings or other structures effectively screen the extraction site and/or outside storage, the Planning and Zoning Commission may reduce this requirement.
(2)
Existing vegetation may be used in combination with additional supplementary plantings where required in complying with the requirements of this Section.
(3)
Any and all plant materials shall be maintained thereafter for the life of the use at the expense of the owner. Withered and/or dead plant material shall be replaced within a reasonable period of time, but no longer than one (1) growing season.
e.
Washing. No washing of gravel is permitted unless a filtration system, approved by applicable Federal and State agencies, is provided to prevent pollution of nearby streams and watercourses.
f.
Use of public roads. No public street, road or highway will be used for the purpose of hauling without specific permission of the Planning and Zoning Commission and the Board of Aldermen.
g.
Performance guarantees. A surety, acceptable to the Board of Aldermen and approved by the City Attorney as to form, shall be posted with the City Clerk to guarantee:
(1)
Reclamation of the excavation within a period of six (6) months following cessation of excavation operations so that all banks shall have not more than a three (3) to one (1) foot slope.
(2)
All public roads used for the purpose of material hauling shall be maintained at the expense of the applicant on an "as needed" basis for the life of the use and shall be returned to the City specifications at the termination of the excavation process.
(3)
The amount of the surety shall be established by the City Engineer and approved by the Board of Aldermen.
2.
Asphalt and concrete plants.
a.
Minimum lot size. Five (5) acres.
b.
Setbacks.
(1)
For buildings, parking, storage and other structures. All yard setbacks shall be fifty (50) feet as regulated in Subsection (J)(1)(a)(1) above.
(2)
Processing. All asphalt and/or concrete processing shall be conducted no closer than three hundred (300) feet of any property line or five hundred (500) feet of any existing residence or commercial structure.
c.
Height. No structure, building or outside storage of materials shall exceed sixty (60) feet in height.
d.
Parking. Parking requirements shall be in accordance with the requirements of this Code.
f.
Use of public roads. No public road, street or highway shall be used for the purpose of hauling either raw materials or finished products without specific permission of Planning and Zoning Commission and the Board of Aldermen.
g.
Environmental standards. All such uses shall comply with all applicable State and Federal regulations.
h.
Performance guarantees. A surety, acceptable to the Board of Aldermen and approved by the City Attorney as to form, shall be posted with the City Clerk to guarantee:
(1)
All public roads used for the purpose of material hauling shall be maintained at the expense of the applicant on an "as needed" basis for the life of the use and shall be returned to the City specifications at the termination of use.
(2)
The amount of the surety shall be established by the City Engineer and approved by the Board of Aldermen.
[Ord. No. 330 §1(8), 7-12-1999]
A.
Fees — General.
1.
Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
2.
All procedures requiring public hearings shall require the cost of publication and postage of mailed notices to be paid by the applicant.
3.
All procedures requiring for their evaluation professional services such as surveying or engineering shall require the costs of said services to be paid by the applicant.
4.
No fee shall be charged where the change or request is initiated by the Planning and Zoning Commission or the Board of Aldermen.
B.
Fees — Specific. Permits and procedures shall require the fees as follows:
C.
Penalties And Violations
1.
If any erection, construction, reconstruction, alteration, conversion, maintenance or use is begun without obtaining the proper permit and paying the proper fee, the fee will be double the normal fee.
2.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of this Zoning Code, the City of Foristell, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any legal act, conduct, business or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under the authority of Sections 89.010 to 89.140 RSMo.
3.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises whether such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days for each and every day such violation shall continue, or by both such fine and imprisonment.
4.
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty and/or two hundred fifty dollars ($250.00).
[Ord. No. 899, 12-18-2023]
A.
The Board of Aldermen and Mayor are aware of the tremendous population growth that has occurred since the passage of Ordinance No. 661 in 2006, when costs of roadway construction was considerably less expensive than currently.
B.
The population growth has imposed a greater traffic flow across, into and off Interstate 70 at Exit 203.
C.
In light of the above, the Board of Aldermen and Mayor need to obtain more funding to help upgrade and replace Exit 203 of Interstate 70 from the previous transportation impact fee on each residential, commercial or industrial unit within the City of Foristell.
D.
The City will contribute substantially to the funding of said Interstate 70 Exit 203 which the Missouri Department of Transportation will construct; and to the extension of Interstate Drive that St. Charles County is going to build from Schaper Road to Hwy T.
E.
Transportation Impact Fees. Shall be in the amount specified in Appendix A[1] of this Chapter and shall to be assessed for each residential, commercial, or industrial unit developed in the City of Foristell to provide for public safety and welfare as authorized by Section 89.020, et. seq., RSMo.
[1]
Editor's Note: Appendix A is set out as an attachment to this Chapter.