St. Charles County, MO
 
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Table of Contents
Table of Contents
Cross References—As to Master Plan 2010 committee, see §120.240 et seq.; as to Board of Zoning Adjustment, see §405.590 et seq.

Section 400.010 Establishment.

[Ord. No. 95-41 §1, 3-29-1995; Ord. No. 96-125 §1, 10-29-1996; Ord. No. 98-217 §1, 11-25-1998; Ord. No. 02-012 §1, 1-30-2002; Ord. No. 07-167 §1, 11-26-2007]
A ten (10) member County Planning and Zoning Commission is hereby established pursuant to Article II, Section 2.529 of the St. Charles County Charter. The Commission shall consist of one (1) resident from each Council District in the County and two (2) "at large" residents and all nine (9) resident members shall be registered voters who shall have resided in St. Charles County for a period of not less than one (1) year prior to their appointment. No less than five (5) members shall be from the unincorporated area. In addition to the nine (9) residents, a designated representative from the membership of the County Council shall serve.

Section 400.020 Appointments.

[Ord. No. 95-41 §2, 3-29-1995]
Each member of the Planning and Zoning Commission shall be appointed by the County Executive with approval of the Council pursuant to St. Charles County Charter, Article V., Section 5.104.

Section 400.030 Terms.

[Ord. No. 95-41 §3, 3-29-1995; Ord. No. 02-012 §1, 1-30-2002]
Except for the Council representative who has no term, the nine (9) members shall serve three (3) year terms with three (3) positions expiring each August thirty-first (31st).

Section 400.040 Removal.

[Ord. No. 95-41 §4, 3-29-1995]
Removal of a member for good cause, such as conviction of a crime, misappropriation of public funds, and malfeasance in office, during the term may be made by ordinance.

Section 400.050 Oath. [1]

[Ord. No. 95-41 §5, 3-29-1995]
Each member shall take an oath, to be administered by the County Registrar, to insure that the spirit and intent of the County Master Plan and Unified Development Ordinance shall be observed, the welfare of the public upheld, and substantial justice is done.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code. Additionally, the words "zoning ordinance" have been changed to "unified development ordinance", see notes at chs. 405 and 410 of this code.

Section 400.060 Compensation.

[Ord. No. 95-41 §6, 3-29-1995; Ord. No. 13-093 §2, 12-19-2013]
Any compensation shall be fixed by the County Executive as part of the annual budget, subject to approval by the County Council. Members shall only be compensated for meetings attended.

Section 400.070 Vacancies.

[Ord. No. 95-41 §7, 3-29-1995]
Vacancies or absences on the Planning and Zoning Commission caused by death, incapacity to perform duties, failure to attend three (3) consecutive regular meetings, or resignation shall be filled forthwith by appointment pursuant to St. Charles County Charter, Article V., Section 5.104(1992) and Section 400.020 of this Chapter.

Section 400.080 Meetings.

[Ord. No. 95-41 §8, 3-29-1995; Ord. No. 01-054 §1, 4-25-2001]
A. 
The County Planning and Zoning Commission shall meet regularly at least once a month for the purpose of the transaction of its business and meet specially as needed. It shall keep a public record of its resolutions, transactions, findings, and recommendations.
1. 
Place. The Commission may meet at any public place within St. Charles County, but will normally meet in one (1) of the County owned facilities.
2. 
Time. The Commission shall hold meetings at such times as it deems necessary in order to exercise its powers and duties.

Section 400.090 Procedural Requirements At Hearings.

[Ord. No. 95-41 §9, 3-29-1995]
A. 
The Planning and Zoning Commission shall observe all the following procedural requirements while taking evidence at hearings or meetings.
1. 
Any interested person may introduce evidence so long as it complies with these rules and the fundamental rules of evidence.
2. 
Oral evidence shall only be taken in compliance with this Section.
3. 
All proceedings shall be suitably recorded and preserved. A copy of the transcript of such 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.
4. 
Records and documents of the Commission may be introduced so as to be a part of the record, but the records and documents may be considered as a party record by reference thereto when so offered.
5. 
The Commission shall take official notice of the St. Charles County Charter and ordinances and all matters of which the courts take judicial notice. They may also take official notice of technical or scientific facts, not judicially cognizable, within their competence, if they notify the parties, either before the hearing or during the hearing of the facts of which they propose to take such notice and give the parties reasonable opportunity to contest such facts or otherwise show that it would not be proper for the Commission to take such notice of them.
6. 
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 affidavit or certification by the custodian of the writings, documents or records that the copy offered is a true copy of the original.
7. 
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 of 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.
8. 
The results of statistical examinations or studies, or of audits, compilation of figures, or surveys, including 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 by the Commission, 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.
9. 
Any party or the Commission desiring to introduce an affidavit in evidence at a hearing must file the affidavit with the Commission not later than seven (7) days prior to the hearing.

Section 400.100 Duties — Powers. [1]

[Ord. No. 95-41 §10, 3-29-1995]
A. 
The following shall be the duties and powers of the Planning and Zoning Commission:
1. 
The Commission shall have the power to make, amend and publish for later adoption by ordinance an official Master Plan of the County to assure the coordinated development of the County in accordance with present and future needs. This Plan shall set forth policy regarding the social, governmental, economic and physical development of the County so as to promote the general welfare and prosperity of its people.
2. 
The Commission shall have the power to prepare and adopt sets of regulations governing the subdivision of land in unincorporated areas, which regulations may provide for the proper location and width of streets, building lines, open spaces, minimum width and area of lots, street grading and paving, sewers, water and other utilities, which are necessary to protect the public health, safety or the general welfare.
3. 
The Commission shall prepare for later adoption by ordinance a comprehensive zoning plan which shall give reasonable consideration, among other things, to the character of each district, its suitability for particular uses, conserving the value of buildings and of existing development, and encouraging the most appropriate use of land throughout the County.
4. 
The Commission shall make recommendations for building setback lines on major highways.
5. 
The Commission may adopt rules of procedure consistent with the provisions of Federal and State law and the St. Charles County Charter and Ordinances.
a. 
The rules adopted by the Commission must be deemed necessary to conduct its business;
b. 
The rules shall be adopted by a majority of the entire Commission;
c. 
A copy of the rules adopted by the Commission shall be filed with the County Registrar;
d. 
The Commission may amend such rules of procedure by following the same requirements for the adoption of such rules;
e. 
In the event that the Commission has not adopted Rules of Procedure or where the Commission's own Rules of Procedure are lacking, the Commission shall follow Robert's Rules of Order;
f. 
The rules adopted must provide for the keeping of appropriate records which are approved by the Commission and signed by the Chair of the Commission; and
g. 
The rules adopted by the Commission must provide that within thirty (30) days following each meeting, the Commission shall file with the County Registrar a record of its proceedings.
6. 
The Commission shall have all powers given to County Planning and Zoning Commissions under Missouri law.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.

Section 400.110 Majority.

[Ord. No. 95-41 §11, 3-29-1995]
A majority of the Commission shall constitute a quorum, and a majority of the members present shall determine all matters of appeal or revision.

Section 400.115 Conflicts With State Statute.

[Ord. No. 98-217 §2, 11-25-1998]
Where the provisions of this Article conflict with the provisions of any planning and zoning enabling legislation enacted by the State of Missouri, the provisions of this Article shall vary or modify the provisions of the Statute.

Section 400.120 Establishment.

[Ord. No. 95-133 §1, 8-30-1995]
A Flood Plain Vision Board is hereby established consisting of seven (7) taxpaying citizens who shall be registered voters and residents of St. Charles County for a period of not less than one (1) year.

Section 400.130 Members.

[Ord. No. 95-133 §2, 8-30-1995]
At least five (5) of the seven (7) members shall be residents of the 100-year flood plain. All members must possess the expertise and the knowledge of the flood plain situation as well as the ability to help facilitate the implementation of the Flood Plain Vision Plan.

Section 400.140 Terms.

[Ord. No. 95-133 §3, 8-30-1995]
Initially, three (3) members will have a one (1) year term; two (2) members will have a two (2) year term; and two (2) members will have a three (3) year term. Thereafter, each member shall serve a three (3) year term with three (3) members being appointed in one (1) year; two (2) members appointed the following year; and two (2) members appointed the next year. Members shall continue to serve until a duly qualified successor has been appointed. A member may be removed in accordance with Section 120.030 of this Code, "Terms".

Section 400.150 Appointments.

[Ord. No. 95-133 §4, 8-30-1995]
Each member of the Flood Plain Vision Board shall be appointed by the County Executive with approval of the Council pursuant to St. Charles County Charter Article V, Section 5.104 (1992).

Section 400.160 Oath.

[Ord. No. 95-133 §5, 8-30-1995]
Each member shall take the oath set forth in Section 120.050 of this Code, "Oath".

Section 400.170 Compensation.

[Ord. No. 95-133 §6, 8-30-1995]
Members of this Board shall serve without compensation.

Section 400.180 Vacancies.

[Ord. No. 95-133 §7, 8-30-1995]
Vacancies or absences on the Flood Plain Vision Board caused by death, incapacity to perform duties, failure to attend three (3) consecutive meetings, or resignation shall be filled forthwith by appointment pursuant to St. Charles County Charter Article V, Section 5.104 (1992), and Section 400.150 of this Article.

Section 400.190 Duties/Powers. [1]

[Ord. No. 95-133 §8, 8-30-1995; Ord. No. 16-054 §11, 7-25-2016]
The following shall be the duties and powers of the Flood Plain Vision Board:
The Flood Plain Vision Board will work to ensure that the proposals outlined in the vision for the flood plain report are implemented. Working with the Directors of the Divisions of Planning and Zoning, Emergency Management and Building and Code Enforcement and an appointed liaison from the County Executive's staff, the Board will also make recommendations to the County Executive regarding the development of policy which speaks to the management of the flood plain and will make regular reports to the County Council concerning the progress towards the goals of the Flood Plain Vision Plan.
[1]
Editor's Note—Reference to planning and emergency management departments were changed to divisions of planning and emergency management in accordance with Ord. No. 02-204, adopted 12-23-2002, set out in ch. 132 of this code. For designation of division of planning and zoning, see Ord. No. 03-195 adopted 12-31-2003.

Section 400.200 Meetings.

[Ord. No. 95-133 §9, 8-30-1995]
The Flood Plain Vision Board shall meet in accordance with the provisions of Section 120.090 of this Code, "Meetings".

Section 400.210 Rules of Procedure.

[Ord. No. 95-133 §10, 8-30-1995]
The Flood Plain Vision Board is an advisory board and, therefore, shall operate pursuant to the provisions of Chapter 120, Article I of this Code, "Advisory Boards and Commissions—Generally".

Section 400.220 Application of Chapter 120, Article I.

[Ord. No. 95-133 §11, 8-30-1995]
The Flood Plain Vision Board is an advisory board. Except where otherwise stated in this Chapter, the Flood Plain Vision Board shall abide by all provisions of Chapter 120, Article I of this Code, "Advisory Boards and Commissions—Generally".