City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2009 §156.246; CC 1981 §30-218; Ord. No. 77-31, 7-5-1977; Ord. No. 95-183, 7-20-1995; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 03-52, 3-6-2003; Ord. No. 04-38, 2-13-2004; Ord. No. 04-109, 5-28-2004; Ord. No. 10-244 §1, 11-18-2010]
A. 
Membership—Appointment—Compensation. The Planning and Zoning Commission shall consist of ten (10) members who shall include the Mayor, if the Mayor chooses to be a member, a member of the City Council selected by the Council, if the Council chooses to have a member serve on the Commission, and eight (8) citizens appointed by the Mayor and approved by the City Council. All citizen members of the Commission shall be residents and qualified, registered voters of the City and shall serve without compensation.
B. 
Terms. The term of each of the citizen members shall be for four (4) years except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered.
C. 
Vacancies. When a vacancy occurs on the Commission, the Mayor, with the approval of the Council, shall appoint a new member to fill the unexpired term.
D. 
Removal. Any member may be removed during the appointment period by the City Council upon written charges and after a public hearing; provided that any member who ceases to meet the qualifications of the Commission shall immediately forfeit his/her membership.
E. 
Rules. The Commission shall adopt rules of procedure in accordance with the provisions of this Chapter.
F. 
Meetings. Regular meetings of the Commission will be held on the fourth (4th) Monday of each month, at a place designated by the Chairperson. In the event of conflict with holidays or other events, the Chairperson may change the day of the meeting. Special meetings of the Commission may be called by the Chairperson; provided all members of the Commission are sent written notification three (3) days prior to the meeting. All meetings of the Commission, or portions of meetings at which official action is taken, shall be open to the general public.
G. 
Quorum. A quorum shall consist of five (5) of the membership of the Commission. A concurring vote of a majority of those members present shall be required to pass any motion.
[Ord. No. 14-246 §2, 11-18-2014]
H. 
Officers. The Commission shall elect a Chairperson, a Vice Chairperson and a Secretary from among the citizen members. These officers shall serve one-year terms.
I. 
Minutes And Records. The Secretary shall keep the minutes and records of the Commission with the assistance of the staff of the Department of Community Development.
J. 
Appointment Of An Alternate Member. The City Council may select one (1) of its members to be an alternate member of the Commission. The alternate member may vote in the absence of the regular member selected by the City Council.
[R.O. 2009 §156.247; CC 1981 §30-219; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 03-52, 3-6-2003; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A. 
The Commission shall make and adopt a City Comprehensive Plan for the physical development of the municipality. The City plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission's recommendations for the physical development and uses of land and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas.
B. 
The Commission may prepare a land use plan for the regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises and of population density.
C. 
The Commission shall recommend and the City Council may by ordinance adopt regulations governing the subdivision of land within its jurisdiction.
D. 
The Commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof.
E. 
All public officials shall, upon request, furnish to the Commission, within a reasonable time, all available information it requires for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning.
F. 
The Planning and Zoning Commission shall hear and decide upon the location, extent and character of streets or other public facilities or public utilities, whether publicly or privately owned, which have been included in the recommendations and proposals of the Comprehensive Plan or portions thereof.
G. 
The Planning and Zoning Commission shall hear and decide upon the vacation or abandonment of any street or other public facility.
H. 
The Planning and Zoning Commission may recommend appointment of staff to the Mayor, for approval by the City Council, necessary for its work and may contract with City planners and other professional persons for the services that it requires. The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the City Council.
I. 
The Planning and Zoning Commission shall review applications for construction of new structures and substantial improvements outside the historic districts and extended historic districts utilizing the criteria for appearance set forth in the Zoning Ordinance and shall issue or deny site plan approval for such construction. All development within the City of St. Charles outside of the historic and extended historic districts shall be required to receive site plan approval from the Planning and Zoning Commission prior to the issuance of a building permit, with the exception of single-family homes, mobile homes or multi-family structures containing four (4) or less dwelling units. The site plan review shall utilize the criteria for appearance set forth in the Zoning Ordinance.
J. 
The Planning and Zoning Commission shall review and make a recommendation to the City Council on all applications for conditional uses utilizing the following:
1. 
Standards. The purpose of this Section is to guide and assist the Planning and Zoning Commission and City Council in its decision making process in relation to conditional uses. These uses, because of their nature, require the consideration and exercise of planning judgment on location and site plan. As a result, a conditional use shall be evaluated based on the specific standards of this Section and based on the following standards:
a. 
How the proposed conditional use (the use in general) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.
b. 
How the proposed conditional use (in its proposed location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.
c. 
Whether the proposed conditional use, in its proposed location and as depicted on the required site plan, results in a substantial or undue adverse impact on the adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of the Zoning Ordinance, Comprehensive Plan or any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.
d. 
Whether the proposed conditional use maintains the desired consistency of land uses, land use intensities and land use impacts as related to the environs of the subject property as directed by the Comprehensive Plan.
e. 
Whether the proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
f. 
Whether the potential public benefits of the proposed conditional use outweigh the potential adverse impacts of the proposed conditional use as identified above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner and/or City staff to ameliorate such impacts.
2. 
In approving the conditional use, the Planning and Zoning Commission may recommend and the City Council may impose conditions or safeguards as are deemed necessary to protect the surrounding properties such as, but not limited to, the following: limitations of size, method or times of operation of the facility and extent of time which such use may occupy the property.
3. 
The conditional use applies to the subject property and not to the individual who applied. Consequently, a conditional use is transferable to any future owner of subject property unless otherwise specified, but cannot be transferred by the applicant to a different site.
4. 
A conditional use shall continue for an indefinite period of time unless otherwise specified.
[R.O. 2009 §156.248; CC 1981 §30-220; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 01-111, 6-8-2001; Ord. No. 01-262, 11-13-2001; Ord. No. 03-52, 3-6-2003; Ord. No. 04-2, 1-7-2004; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-126 §1, 7-25-2012; Ord. No. 12-188 §1, 10-18-2012]
A. 
All applications shall be addressed to the Planning and Zoning Commission and submitted to the Department of Community Development by the deadline date for the requested meeting per the schedule annually approved by the Commission.
B. 
Provisions as to applications to amend, supplement, change or modify the number, shape, area or boundaries of the districts or the regulations herein established are contained in Sections 400.1010 et seq.
C. 
Applications for approving the vacation or abandonment of any street, right-of-way, sidewalk, storm water structure or other public facility shall show all plans, detailed drawings, elevations, specifications and other information necessary to determine the appropriateness of the features to be upon.
D. 
Applications for site plan approval and permits for construction of structures outside the historic districts and extended historic districts shall be reviewed by the Planning and Zoning Commission using the architectural and design standards set forth in Section 400.965. Applications for certificates of appropriateness and permits for construction of structures in the extended historic district and not subject to the specific requirements of an historic district shall be reviewed by the Historic Landmark Preservation and Architectural Review Board (HLPARB) using the architectural and design standards set forth in Section 400.965.
1. 
Each application shall be submitted with all plans, elevations, detail drawings and specifications. The application shall be in the form and contain such additional information as may be prescribed by regulation by the Commission. The Department of Community Development shall review the application and determine that the application contains sufficient data to adequately describe the situation to the Planning and Zoning Commission. If the data is not adequate, the Department of Community Development shall notify the applicant of the additional required information. Only applications that are completed shall be forwarded to the Planning and Zoning Commission.
2. 
If the application complies with the criteria prescribed by this Article and is accordingly approved by the Commission, then the Department of Community Development shall issue a site plan approval. If the application does not comply with the criteria, then the Commission shall disapprove the application and within five (5) days after the disapproval shall specify in writing the facts supporting the disapproval.
3. 
Validity of approval. Site plan approval shall be valid for a period of one (1) year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during such one (1) year period or unless an extension of time, not exceeding one (1) year, is approved by the Planning and Zoning Commission for good reasons shown before the expiration of such one (1) year period.
E. 
Applications for a conditional use shall be reviewed and recommended by the Planning and Zoning Commission for action by the City Council. Such application may be filed by a property owner, owner under-contract, tenant, tenant under-contract, or a representative of any of the aforementioned; provided, a filing by a tenant under-contract or owner under-contract or their representative shall be authorized by the property owner or property owner's representative. Such application shall show the location and intended use of the site and any other material pertinent to the application. When the request involves physical improvements to the property, an application for a certificate of appropriateness or site plan approval shall also be required.
1. 
The Department of Community Development shall review the application and determine that the application contains sufficient data to adequately describe the situation to the Planning and Zoning Commission. If the data is not adequate, the Department of Community Development shall notify the applicant of the additional required information. Only applications that are completed shall be forwarded to the Planning and Zoning Commission.
2. 
Public hearing and notification. The Planning and Zoning Commission shall hold a public hearing on applications for conditional uses. Notice of public hearings before the Board shall be given by publishing the date, time, place and nature of the hearing at least fifteen (15) days before the date of the hearing in a newspaper of general circulation in the City. The notice shall contain the time and place within the City where information relative to the application may be examined. In addition, the Department of Community Development shall erect a sign containing the notice on the property at least fifteen (15) days prior to the hearing and shall notify the applicant and the property owners of record within three hundred (300) feet of the boundaries of the subject property, in writing, of the hearing at least fifteen (15) days prior to the hearing. In the event an application is tabled by the Commission, it shall be the developer's responsibility to provide written notification to the Department of Community Development at least fifteen (15) days prior to the next regularly scheduled Commission meeting of their intent to have the item removed from the table. The developer shall also be responsible for providing written notification to all property owners within three hundred (300) feet of the subject property of their intent to request their application be taken off the table and acted upon by the Commission at least fifteen (15) days prior to such meeting. Should the developer wish an application to be tabled that has been advertised for public hearing, the developer must provide written notification to the Department of Community Development at least four (4) working days prior to the scheduled meeting to ensure the public can be made aware of the request.
3. 
Amendment procedure. The procedure for amendment of a conditional use already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except where the Department of Community Development determines the change to be minor, relative to the original approval, it shall transmit the same to the Planning and Zoning Commission, with the original record, without requiring that a new application be filed.
4. 
Validity of approval. Approval of a conditional use shall be valid for a period of one (1) year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during such one (1) year period or unless an extension of time, not exceeding one (1) year, is approved by the Planning and Zoning Commission for good reasons shown before the expiration of such one (1) year period.
5. 
Existing conditional uses. Any conditional use listed in these regulations, which is legally existing at the effective date of the regulations of this Article, shall be considered a non-conforming use, unless it has qualified as provided above and has been approved as a conditional use by the Planning and Zoning Commission.
6. 
Revocation of permits.
a. 
Building permits issued under a conditional use approval may be revoked by the Department of Community Development for failure to comply with the conditions of approval or applicable regulations.
b. 
A conditional use approval may be revoked by the Department of Community Development upon finding that the conditions of approval have been violated and endanger the public health and safety. Such revocation shall suspend all activity on the site associated with the conditional use. A revocation order may be appealed to the Planning and Zoning Commission under the same process as a new application but all activity which may endanger public health and safety shall cease until the appeal is considered.
c. 
A conditional use approval may be recommended for revocation by the Department of Community Development upon finding that the conditions of approval have been violated. Such revocation shall suspend all activity on the site associated with the conditional use unless an appeal is filed to the Planning and Zoning Commission. An appeal shall stay any action until it is considered and a final decision rendered by the Planning and Zoning Commission or City Council.
7. 
Only the City Council shall have authority to grant a conditional use.
F. 
All applications shall be promptly considered by the Planning and Zoning Commission who shall render a decision on an application within sixty (60) days from the date first considered. For purposes of this Section, the term "first considered" shall mean that the application request appears on the Planning and Zoning Commission agenda and is discussed by the Planning and Zoning Commission. The application shall be deemed approved if the Planning and Zoning Commission fails to render a decision within the sixty-day period, unless said time period is extended by mutual agreement, in writing, of the Planning and Zoning Commission and the applicant.
G. 
No conditional use application to the Planning and Zoning Commission shall be allowed on the same piece of property concerning substantially the same request prior to the expiration of one (1) year from a ruling of the Commission. Notwithstanding the foregoing, upon the written consent of the Councilmember in whose ward the property is located, the one (1) year period may be reduced to sixty (60) days.
[R.O. 2009 §156.249; CC 1981 §30-221; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A. 
In case of disapproval of the items in Section 400.990, the Commission shall communicate its reasons to the City Council. The City Council may overrule the disapproval by a vote of not less than two-thirds (2/3) of its entire membership.
B. 
The applicant for a site plan approval under Sections 400.980(I) and 400.990(D) may appeal the Commission decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days. The City Council shall hold a hearing on the matter within sixty (60) days of the date of the filing of the notice of appeal with the City Clerk. The Council shall hear testimony from the applicant or any other interested person and shall either approve or disapprove the application by majority vote of the members voting thereon. In approving or disapproving the application the Council shall apply the prescribed criteria specified in Sections 400.990(D) and 400.965 in making its decision and shall make findings of fact in support thereof. The vote by the Council for approving or disapproving the application must be taken at the next meeting or within three (3) weeks, whichever occurs first, of the date of the hearing thereon otherwise the appeal shall be deemed upheld. Appeals of the decision of the City Council may be taken in accordance with Chapter 536, RSMo.