[Ord. No. 98-231 §1, 12-29-1998]
As used in this Chapter, the following words and phrases mean:
Any application or request listed in Section 415.020 of this Chapter and affecting any lot, tract or parcel of land which abuts or is located wholly or partially within a highway corridor.
The Missouri Highway and Transportation Commission.
A legal description of the metes and bounds of the area within
a highway corridor, tied to an existing or reestablished government
corner, and accompanied by a county map showing the general location
of the highway corridor, the legal description governing in the case
of any inconsistency with the corridor drawn on the map.
The area projected to be needed as right-of-way for the construction
and maintenance of a future new or relocated State highway, as determined
by the Commission.
[Ord. No. 98-231 §2, 12-29-1998]
A.
If the
Commission has filed a certified copy of any corridor map or amendment
thereto with St. Charles County, the Director of the Division of Planning
and Zoning, by personal delivery or by certified mail, return receipt
requested, shall send the Commission or the officer or agent designated
by it for this purpose a copy of any application or request listed
below immediately upon receiving it, if that application or request
affects any lot, tract or parcel of land which abuts or is located
wholly or partially within a highway corridor:
1.
An application
or request for a new building permit for the construction of a new
commercial, industrial or residential building or an increase in the
square footage of an existing commercial or industrial building;
2.
An application
or request for a zoning change, variance, or exception or conditional
use permit;
3.
An application
or request to approve a subdivision plan or plat of other proposed
development; or
4.
An application
or request for a modification of existing setback lines from highways.
[Ord. No. 98-231 §3, 12-29-1998; Ord. No. 10-041 §71, 6-2-2010]
Whenever the Director of the Division of Planning and Zoning sends the Commission a copy of any application or request pursuant to Section 415.020 of this Chapter, St. Charles County shall take no action on that application or request for forty-five (45) days from the Commission's receipt of the application or request, unless the Commission sends the Director of the Division of Planning and Zoning a notice of concurrence in the application or request.
[Ord. No. 98-231 §4, 12-29-1998]
If the Commission recommends that approval of an application
or request be conditioned upon special modifications or limits, St.
Charles County, by action of the officer or body with authority to
approve the application or request, shall accept or reject those conditions,
and the Director of the Division of Planning and Zoning shall send
written notice of that decision to the Commission by personal delivery
or by certified mail, return receipt requested.
[Ord. No. 98-231 §5, 12-29-1998]
A.
If (as
provided by Section 226.963 or Section 226.965, RSMo, as amended)
the Commission provides written notice of probable intent to acquire
the whole or any part of a property that is the subject of an application
or request, St. Charles County shall:
1.
Take
no action to approve such application or request for one hundred twenty
(120) days from receipt of that notice; and
2.
Thereafter
be free to approve or disapprove such application or request if the
Commission has not acquired, agreed to acquire, or commended an action
in the St. Charles County Circuit Court to acquire by condemnation
the property affected by the application or request.
