[R.O. 2009 § 405.010; Ord. No. 3948, 6-27-2019[1]]
A.
The Mayor, with the consent and approval
of the Board, shall appoint a commission to be known as "The Planning
and Zoning Commission" (herein "Commission"). The Commission shall
have the duties as prescribed in the ordinances of the City and the
statutes of the State of Missouri. Appointment, term, and vacancies
shall be dealt with as follows:
1.
Membership. The Commission shall
consist of two (2) citizen members from each ward of the City, the
Mayor, if the Mayor chooses to be a member within thirty (30) days
of taking office, and a member of the Board selected by the Board,
if the Board chooses to have a member serve on the Commission. If
the Board does not select a member to serve on the Commission, the
Board may select a Board member to attend the Commission meetings
and report back to the Board, provided that such Board member shall
not be a member nor count towards quorum of the Commission.
2.
Term. he term of each of the citizen
members shall be for four (4) years and shall be staggered so that
the terms of two (2) members of the Commission shall expire every
year. The term of the Mayor, if the Mayor chooses to be a member,
shall be two (2) years, said term to coincide with the term of the
office of the Mayor. The term of the Board member, if the Board chooses
to have a member serve on the Commission, shall be one (1) year, said
term to coincide with the municipal general election, so that the
Board shall decide whether the Board shall have a member serve on
the Commission at the first regular Board meeting following the municipal
general election or as soon thereafter as practical.
3.
Vacancy. Any vacancy in a citizen
membership shall be filled for the unexpired term by appointment of
the Mayor and approval of the Board. Any vacancy in a Board member
shall be filled by approval of the Board for the unexpired term.
4.
Removal For Cause. The Board may
remove any citizen member for cause stated in writing and after a
Public Hearing.
[R.O. 2009 § 405.020; Ord. No. 3948, 6-27-2019]
A.
The Commission shall select one (1) of
its citizen members as Chairman, one (1) as Vice Chairman, and one
(1) as Secretary.
B.
The members of the Commission shall adopt
such rules and regulations as they deem necessary for the transaction
of their business. Any expense incurred by the Commission for clerical
help, counsel, engineers, consultants, or otherwise shall be first
authorized by the Board.
[R.O. 2009 § 405.030; Ord. No. 3948, 6-27-2019]
The Director shall serve as liaison
to the Board of Adjustment for the Commission.
[R.O. 2009 § 405.040; Ord. No. 3948, 6-27-2019]
Pursuant to Section 89.010 et seq.,
RSMo., it shall be the duty of the Commission to recommend to the
Board the boundaries of the various Zoning Districts and regulations
pertaining thereto so that the Board may enact a Zoning Code ordinance
for the City.
[R.O. 2009 § 405.050; Ord. No. 3948, 6-27-2019]
A.
The Commission shall draw up a Comprehensive
Development Plan, to be known as "City of Fenton Comprehensive Development
Plan," for division of the City into Zoning Districts of such number,
size, shape, and area as may be best suited for zoning purposes and
draw regulations for such Zoning Districts governing the erection,
construction, reconstruction, alteration, or use of Buildings, Structures,
and/or land.
B.
The Comprehensive Development Plan referred to in Subsection (A) shall be designed to lessen congestion in the Streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewage, Academic Schools, parks, or other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the Zoning District and its peculiar suitability for particular uses, environmental and stormwater concerns, and with a view to conserving the value of property and encouraging the most appropriate use of land throughout the City.
[R.O. 2009 § 405.060; Ord. No. 3948, 6-27-2019]
A.
The Comprehensive Development Plan Map (herein "Plan Map") as prepared in conjunction with the Comprehensive Development Plan, referred to in Section 405.050, and under the direction of the Chairman of the Commission, approved by majority vote of the Commission, shall be kept on file in the office of the City Clerk and a copy of same duly recorded in the Recorder of Deeds Office pursuant to provisions of Section 89.360, RSMo. Amendments to the Comprehensive Development Plan, including the Plan Map, shall be made in accordance with the procedures for adoption of the same pursuant to Section 89.360, RSMo.
B.
All of the planning as shown on the Plan
Map of the future development for the City is hereby expressly approved
and ratified and the through Streets shown on said Plan Map are duly
approved and adopted by the Board.
C.
The Streets as designated on the Plan Map
are hereby designated and adopted as the major street plan of the
City, and all future development within the City shall be in accordance
with said Plan Map as hereby adopted and approved or as may be amended
hereinafter in accordance with the law.
[R.O. 2009 § 405.070; Ord. No. 3948, 6-27-2019]
The Commission shall also draw up, pursuant to the plan referred to in Section 405.050 and 405.060, regulations and restrictions on the height, number of stories, and size of Buildings and other Structures, the percentage of Lots that may be occupied, the size of Yards, courts, and other spaces, Setbacks, the density of population, and the locations and uses of Buildings, Structures, and Property for trade, industry, residences, or other purposes within the Zoning Districts established.
[R.O. 2009 § 405.080; Ord. No. 3948, 6-27-2019]
The Commission shall make a preliminary
report and hold public meetings in accordance with law before submitting
its final report to the Board.
[R.O. 2009 § 405.090; Ord. No. 3948, 6-27-2019]
A.
Meetings. The Commission shall hold a regular
monthly meeting at Fenton City Hall, on such regular day each month
as may be established by motion of the Commission from time to time.
The Community Development Department shall keep all records of the
Commission, be responsible for maintenance of all of the proceedings
of the Commission and shall make a written report to the Board monthly
covering the proceedings of the Commission. In addition to the regular
scheduled monthly meeting, such other meetings shall be held as may
be called by the Chairman or as directed by the Mayor or the Board.
B.
Other Powers And Duties. The Commission
shall have such other powers and duties as are or may be prescribed
by the laws of the State of Missouri or the ordinances of the City.
[R.O. 2009 § 410.010; Ord. No. 3001 § 1, 12-23-2008[1]]
A.
A Board of Adjustment is hereby established.
The Board of Adjustment shall consist of five (5) members, all of
whom shall be residents appointed by the Mayor and approved by the
Board. The term of office of the members of the Board of Adjustment
shall be for five (5) years. Thereafter, members shall be appointed
for terms of five (5) years each. Vacancies shall be filled for the
unexpired term only. Members shall be removed for cause by the Mayor
and Board upon written charges and after Public Hearing.
B.
The Board of Adjustment shall elect its
own Chairman and Vice Chairman who shall serve for one (1) year. The
Board of Adjustment shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this
Chapter.
C.
In addition to the five (5) members of
the Board of Adjustment, there shall be three (3) alternate members,
all of whom shall be residents, appointed by the Mayor and approved
by the Board. The term of office of the alternate members of the Board
of Adjustment shall be for five (5) years. Alternate members shall
serve in the absence or disqualification of the regular members. Alternate
members shall be removed for cause by the Mayor and the Board upon
written charges and after a Public Hearing.
D.
The makeup of the Board of Adjustment shall
be as follows:
[Ord. No. 3381 § 1, 1-23-2014[2]]
[1]
Editor's Note: This ordinance also repealed
Article II in its entirety.
[R.O. 2009 § 410.020; Ord. No. 3001 § 1, 12-23-2008]
Meetings of the Board of Adjustment
shall be held at the call of the Chairman and at such other times
as the Board of Adjustment may determine. Such Chairman, or in his
absence the Acting Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the public. The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question, and if absent
or failing to vote, indicating such fact and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board of Adjustment and shall
be a public record. All testimony, objections thereto, and rulings
thereon shall be taken down by a certified court reporter employed
by the Board of Adjustment for that purpose.
[R.O. 2009 § 410.030; Ord. No. 3001 § 1, 12-23-2008; Ord. No. 3101 § 1, 2-25-2010; Ord. No. 3178 § 1, 4-28-2011]
A.
Variance requests and appeals to the Board
of Adjustment on any matter over which the Board of Adjustment is
hereby specifically granted jurisdiction may be filed by any person
aggrieved, by any neighborhood organization as defined in Section
32.105, RSMo., representing such person, or by an officer, department,
or any board or bureau of the City affected by any decision of the
Director or other administrative official under this Code. To the
fullest extent permitted by law, the review procedures herein shall
be exhausted before any action may be filed in any court against the
City or its officers, employees, boards, officials, or commissions
by a person aggrieved by a decision by the Director or other administrative
official under this Code. Such variance or appeal shall be petitioned
within thirty (30) days of such decision by filing with the Director
and with the Board of Adjustment a notice of variance or appeal specifying
the grounds thereof. The Director shall forthwith transmit to the
Board of Adjustment all the papers constituting the record upon which
the action appealed from is taken.
B.
An appeal stays all proceedings in furtherance
of the action appealed from, unless the Director certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril of life or property. In
such case, proceedings shall not be stayed other than by a restraining
order which may be granted by the Board of Adjustment or a court of
record on application or notice to the Director.
C.
Notice For Hearing. The petition shall
be set for Public Hearing before the Board of Adjustment within sixty
(60) days. The Director shall cause public notice of such hearing
to be given. The notice procedure shall be as follows:
1.
The Board of Adjustment shall fix
a reasonable time for the hearing of the variance or appeal, give
not less than fifteen (15) days' public notice thereof in a newspaper
of general circulation and post such notice within the City and areas
affected, as well as give due notice to the parties in interest and
decide the variance or appeal within a reasonable time. At the hearing,
any party may appear in person or by agent or by attorney. In addition,
the City will be responsible for notifying all owners of property
within three hundred (300) feet of the subject property by mail of
the application and hearing date. Said notice shall be postmarked
at least five (5) days prior to the scheduled Public Hearing. In the
event the Applicant seeks more than one (1) continuance of any published
or notified hearing, the Applicant shall be responsible for reimbursement
of any republication and/or mailing notification costs prior to any
action by the Board of Adjustment.
2.
Such notice shall contain the approximate
location or address, the name of the person seeking the variance or
appeal, the nature of the variance or appeal, and the present Zoning
District classification.
3.
In addition to the above, the Director
shall cause a Sign or Signs, not less than two (2) feet high by three
(3) feet wide, to be placed on all Lots on which an application for
a variance or an appeal has been filed with the Board of Adjustment.
a.
Sign or Signs shall be placed on
such Lots so as to be clearly visible to the traveled portion of such
abutting Street. The Director shall determine the number of additional
signs to be placed that may be necessary to carry out the intent of
this Code.
b.
All signs shall have letters not
less than two and one-half (2 1/2) inches in height and not less
than three-eighths (3/8) inch in width with the following: "PUBLIC
HEARING."
[Ord. No. 3410 § 1, 4-24-2014]
c.
The Director may provide for such
additional information to be placed on any such Sign which would serve
to fully inform the public as to the nature of such a variance or
an appeal pending before the Board of Adjustment.
d.
Notwithstanding anything to the contrary,
failure to comply with any additional notice or posting requirements
of this Section which are greater than required by state law shall
not be a basis for invalidation of any approval or enactment.
e.
Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120 of this Code.
f.
It shall not be necessary to publish
notice or hold Public Hearings on amendments to this Code pertaining
to procedural matters and to the duties and powers of officials, officers,
boards, commissions and bureaus in carrying out the regulations of
this Code.
D.
A fee as set forth in Addendum A shall
be paid at the time the notice of appeal is filed.[1]
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to this Chapter.
[R.O. 2009 § 410.040; Ord. No. 3001 § 1, 12-23-2008]
A.
The Board of Adjustment shall have the
following powers:
1.
To hear and decide appeals where
it is alleged there is an error in any order, requirement, decision,
or determination made by the Director or other administrative official
in the enforcement of this Code or Sections 89.010 to 89.410, RSMo.;
2.
To hear and decide all matters referred
to it or upon which it is required to pass under such ordinance;
3.
In passing upon appeals, where there
are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of such ordinance, to vary or modify the application
of any of the regulations or provisions of such ordinance relating
to the use, construction, or alteration of Buildings or Structures,
or the use of land, so that the spirit of the ordinance shall be observed,
public safety and welfare secured, and substantial justice done.
[R.O. 2009 § 410.050; Ord. No. 3001 § 1, 12-23-2008]
In exercising the above powers, the
Board of Adjustment may, in conformity with the provisions of this
Code, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and make such
order, requirement, decision, or determination as ought to be made
and to that end shall have all the powers of the officer from whom
the appeal is taken. In considering all appeals, the Board of Adjustment
shall, before making any finding in a specific case, first determine
that the proposed change will not constitute a change in the Official
Zone District Map and will not impair an adequate supply of light
and air to adjacent property, increase congestion in Streets, increase
the danger of fire, materially diminish or impair established property
values within the surrounding area, or in any other respect impair
the public health, safety, comfort, morals, and welfare of the City.
Upon such finding, the Board of Adjustment shall also consider whether
the Applicant has met his burden of showing a practical difficulty
or undue hardship as applicable to such variance request or satisfied
his burden as to an appeal. Every change granted or denied by the
Board of Adjustment shall be accompanied by a written finding of fact
based on sworn testimony and evidence specifying the reason for granting
or denying the variation. Staff is hereby authorized to transcribe
the Board of Adjustment's findings and decision in written form and
the Chairman is hereby authorized to execute such decision upon a
finding that such accurately represents the Board of Adjustment's
decision. Upon execution of such decision, such decision shall be
deemed filed in the office of the Board of Adjustment. The decision
of the Board of Adjustment shall be made a part of any building permit
in which variation is allowed.
[R.O. 2009 § 410.060; Ord. No. 3001 § 1, 12-23-2008]
The concurring vote of four (4) members
of the Board of Adjustment shall be necessary to reverse any order,
requirement, decision, or determination of the Director or other administrative
official or to decide in favor of the Applicant on any matter upon
which it is required to pass under this Chapter or to effect any variation
in this Code.
[R.O. 2009 § 410.070; Ord. No. 3001 § 1, 12-23-2008]
A.
Any person or persons jointly or severally
aggrieved, any neighborhood organization as defined in Section 32.105,
RSMo., representing such person or persons, or by any officer, department,
board, or bureau of the municipality affected by any decision of the
Board of Adjustment may present to the Circuit Court having jurisdiction
in St. Louis County a petition, duly verified, stating that such decision
is illegal in whole or in part, specifying the grounds of the illegality,
and asking for relief therefrom. Such petition shall be presented
to the court within thirty (30) days after the filing of the decision
in the office of the Board of Adjustment.
B.
Upon the presentation of such petition,
the court may allow a writ of certiorari directed to the Board of
Adjustment for review of the data and records acted upon or it may
appoint a referee to take additional evidence in the case. The court
may reverse, affirm, or may modify the decision brought up for review.
C.
Costs shall not be allowed against the
Board of Adjustment, unless it shall appear to the court that it acted
with gross negligence, in bad faith, or with malice in making the
decision appealed from.
[R.O. 2009 § 410.080; Ord. No. 4091, 1-28-2021]
In the event the Board of Adjustment
denies a variance request or an appeal, such decision is res judicata
as to that applicant and property, and no request for the same property
may be presented to the Board of Adjustment unless the Director in
consultation with the City Attorney finds that the application presents
a different request or there has been a change of circumstances or
new evidence not available during review of the original variance
or appeal hearing. No informal requests for advice, reconsideration
of the same question, or moot questions will be considered by the
Board of Adjustment or any individual member of the Board of Adjustment.
