Editor's Note — Ordinance no. 3001 §1, adopted December
23, 2008, repealed title IV in its entirety. See editor's note at
beginning of title IV.
[Ord. No. 3001 §1, 12-23-2008]
A.
In General. A non-conforming use or structure is one which
existed lawfully, whether by variance or otherwise, on the date this
Zoning Code ordinance or any amendment thereto become effective, and
which fails to conform to one (1) or more of the applicable regulations
of the new zoning ordinance and/or such amendments thereto.
B.
General Provisions.
1.
Structures may be built on lots of record that were made non-conforming
by this Code as to size, width or area; provided however, that such
structures shall conform to setbacks and other regulations of the
district provided by this Zoning Code which the property is located
in.
2.
No non-conforming structure or use shall be enlarged, extended, reconstructed
or structurally altered, unless such use is changed to a use permitted
in the district in which such structure or premises is located.
3.
No structure shall be moved in whole or in part for any distance
whatsoever to any other location on the same or any other lot unless
the entire structure shall thereafter conform to the provisions of
the zoning district in which it is located after being moved.
4.
The existence of any present non-conforming use anywhere in the City
shall not be considered grounds for issuance of a variance at another
location for the same business.
5.
The number of dwelling units in non-conforming residential structures
shall not be increased.
6.
An existing non-conforming use or structure shall not cause further
departures from this Zoning Code. Although an existing non-conforming
use may be continued, it may not be changed to another use unless
it is a permitted use and complies with the requirements in the zoning
district provided by this Code.
7.
When a structure or the use of which does not conform to the provisions
of this Zoning Code, is damaged by fire, explosion, acts of God or
public rioting to the extent of more than sixty percent (60%) of its
reconstruction value as determined by data in the office of the Assessor
of St. Louis County, it shall not be restored except in conformity
with the district regulations of the new zoning district in which
the structure is situated, or unless the Board of Adjustment finds
some compelling public necessity requiring the continuance of the
non-conforming use if the primary purpose of continuing the non-conforming
use is not to continue a monopoly.
C.
Ordinary Repair And Maintenance.
1.
The normal maintenance and repair or the replacement, installation
or relocation of non-bearing partitions, fixtures, wiring or plumbing
may be performed on any structure that is devoted in whole or in part
to the non-conforming use or structure. Neither this nor any other
provision of this Section shall be interpreted to authorize any increase
in the size or degree of the non-conforming use or structure in violation
of the provisions of any other Subsection of this Section.
2.
Nothing in this Section shall be deemed to prevent the strengthening
or restoring of a structure to a safe condition in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition.
D.
Non-Conforming Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
use ceases or terminates.
E.
Discontinuance Of Non-Conforming Use Or Structure.
1.
In the event the non-conforming use or structure is discontinued
or its non-conforming operation or business is stopped for a period
of nine (9) months, regardless of an intent not to abandon or to again
resume such use, any subsequent use or occupancy of such structure
or use will comply with provisions of this Section including those
of the zoning districts in which the structure or use is located.
2.
Where no enclosed structure is involved, discontinuance of a non-conforming
use for a period of three (3) months shall constitute the use to conform
with the provision of the zoning district provided by this Code in
which the use is located.
3.
Nothing in this Code shall present the continuance of a non-conforming
use as authorized in this Code, unless a discontinuance is necessary
for the safety of life and property.
F.
Transfer Of Ownership. If, as the result of the enactment
of this Code, existing uses and/or structures may continue under the
category of prior non-conforming uses. The property may be sold or
transferred by its owner or any future owner or owners, and such new
and future owner and owners shall be entitled to continue the non-conforming
use or a similar non-conforming use or may initiate any use permitted
within the new zoning district, and any structures on the property
may continue in their non-conforming status after such sale or sales.
G.
Non-conforming
uses shall not apply to a single-family dwelling that is a non-conforming
use, provided that:
1.
No non-conforming single-family dwellings shall be changed into a
use not permitted in the district in which such non-conforming dwelling
is located; and
2.
Any extension, structural alteration, enlargement or relocation of
such single-family dwelling shall conform to the height, area and
density regulations required of such dwellings in the "R-4" Single-Family
Residential District.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3102 §1, 2-25-2010; Ord.
No. 3179 §1, 4-28-2011]
A.
Purpose. Certain land uses and developments present unique
needs with respect to their proper location and relationship to other
land uses. Within various districts certain uses may be permitted
by special use permit after analysis and judgment of the consequences
of each such development by the Planning and Zoning Commission to
ensure that the public health, safety and general welfare are protected
and preserved.
B.
Procedure. The following procedure shall be implemented
in the consideration and determination of the issuance or non-issuance
of the special use permit:
1.
Applications for special use permits shall be filed with the Community
Development Department at least thirty (30) days before the next regularly
scheduled Planning and Zoning Commission meeting, unless prior written
approval is granted by the Director. The application shall specify
the locations of the building, the height, the area and shall include
a site plan for the lot. The site plan shall include a legal description,
lot and building footing dimensions, appropriate zone district setbacks,
landscaping and parking requirements, contours and drainage ways,
proposed or existing easements, public improvements and, if possible
or necessary, an artist's rendering in the horizontal view. The application
shall specify the use sought to be permitted by the special use permit.
The department may require submittal of a traffic study when deemed
appropriate. The application shall further state why the use is needed
and the applicant's opinion as to the affect of the use on surrounding
properties. At the time that the application is filed, a fee shall
be paid to the City of Fenton. The fees for special use permits shall
be set forth in Addendum "A".
2.
The Director shall review the application as to form. Upon the determination
by the Director that the form of the application is appropriate, the
Director will present the matter to the Planning and Zoning Commission.
The application shall be set for hearing before the Planning and Zoning
Commission within sixty (60) days of the date of the filing of the
application. The notice of the hearing shall include the posting of
public notice on the affected property; publication for no less than
fifteen (15) days preceding the hearing in a newspaper of general
circulation within the area of the City of Fenton. 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 petitioner
seeks more than one (1) continuance of any published or notified hearing,
the petitioner shall be responsible for reimbursement of any re-publication
and/or mailing notification costs prior to any action by the Planning
and Zoning Commission.
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 parcels of land on which an application for a special permit
has been filed with the Planning and Zoning Commission.
a.
Sign or signs shall be placed on such parcels of land, at a point
nearest to the right-of-way of any street or roadway abutting such
parcel and so as to be clearly visible to the traveled portion of
such street or roadway. 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 §2, 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 special permit pending before the Planning and
Zoning Commission.
d.
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 a misdemeanor and, upon conviction, shall be punished as set out in Section 100.060 of this Code.
4.
The Commission, after public notice, shall conduct a hearing at which
the applicant shall present such information, as the applicant deems
necessary, to substantiate its request for a special use permit. The
Commission shall hear any person wishing to speak in favor of the
application after which time the Commission shall hear any person
wishing to speak in opposition to the application, after which time
the applicant may address or rebut any issues presented by the opposition.
The Commission shall then close the public participation portion of
the hearing. The Commission shall thereafter conduct a deliberation
and discussion of the application, giving due consideration to the
following:
a.
Said use is designated, located and proposed to be operated in a
manner that the public health, safety and general welfare will be
protected.
b.
Visual compatibility with adjacent land uses and surrounding area,
including building height, form, materials and landscaping.
c.
Accessibility of the property to police, fire, refuse collection
and other municipal services; adequacy of ingress to and within the
site; traffic control; adequacy of off-street parking.
d.
Said use will not cause substantial injury to the value of adjacent
parcels or other property in the surrounding area.
e.
The use authorized by special use permit will conform to the applicable
regulations of the district in which it is to be located.
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These discussions shall be in public forum but no public participation
shall be allowed. After review and deliberation the Commission shall
vote the following question: Shall the special use permit be issued?
A simple majority of the Commission is required to pass the proposition.
If the proposition does not have a simple majority vote, the proposition
fails and shall be taken as a negative recommendation.
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5.
The Commission shall communicate the results of its vote to the Board
of Aldermen and may further communicate its reasons for recommending
approval and/or its reasons for recommending denial and/or its reasons
for failing to achieve a majority favorable vote. The Commission shall
also recommend special conditions, if any, to the Board of Aldermen.
6.
The failure of the Commission to act within sixty (60) days after
the date of submission of the application for the special use permit
in proper form to the Director shall be deemed approval.
7.
After the Planning and Zoning Commission has advised the Board of
its recommendation of approval or the failure of the proposition to
attain a simple majority vote, the Board shall review the recommendation
of the Commission and may review the transcript of the proceedings
before the Commission after which time the Board shall consider the
issuance of the special use permit by ordinance. Said ordinance shall
be proposed and sponsored in the manner of all other ordinances and
shall require a simple majority of the Board of Aldermen to enact,
if approved by the Planning and Zoning Commission, but if disapproved
by the Planning and Zoning Commission, then a vote of two-thirds (2/3)
of the Board shall be required to override said disapproval. The special
use permit permitted by ordinance shall contain the special terms
and conditions of the special use permit which shall be strictly adhered
to by the applicant. Failure of the ordinance granting the special
use permit to pass by simple majority shall be deemed a denial for
the purposes of further judicial review or proceeding.
8.
The permitted special use shall be reviewed annually by the Director
to assure that the use and building are in compliance with the terms
of the special use permit. If the Director determines non-compliance
with the special use permit, notice of non-compliance shall be forwarded
to the holder of the special use permit. Failure to achieve compliance
within ninety (90) days of the notice of the Director shall be deemed
cause to terminate the special use permit. Upon thirty (30) days'
notice the Planning and Zoning Commission may cause a hearing to be
held to determine whether or not the property or use is in compliance,
and if deemed to be in non-compliance the Planning and Zoning Commission
may recommend to the Board of Aldermen termination of the special
use permit. The Board of Aldermen by simple majority vote, by ordinance,
may terminate the special use permit acting upon the recommendation
of the Planning and Zoning Commission.
9.
The review procedures set out herein to be accomplished on an annual
basis shall not be required of a medical facility dedicated exclusively
to providing dialysis and related treatment activities, so long as
such facility is under the supervision and regulatory control of the
appropriate authorities of the State of Missouri.
[Ord. No. 3001 §1, 12-23-2008]
Whenever the public necessity, convenience, general welfare
and good zoning practice require, the Fenton Board of Aldermen may
order, after a public hearing, report thereon by the Commission and
subject to the procedure provided in this Code, an amendment, supplement
or change in the regulations, zoning district boundaries or classification
of property. Amendment, supplement, re-classification or change (including
special permits) may be initiated by a resolution of intention by
the Commission or the Fenton Board of Aldermen or by a verified application
of one (1) or more of the owners or authorized representatives of
the owners of property within the area proposed to be changed.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3103 §1, 2-25-2010; Ord.
No. 3180 §1, 4-28-2011]
A.
Process For Filing Petitions. Petitions for any change of
zoning, boundaries or any reclassification of zones as shown on the
official Zone District Map shall be addressed to the Fenton Board
of Aldermen and filed with the Community Development Department at
least thirty (30) days before the next scheduled Planning and Zoning
Commission meeting, unless prior written approval is granted by the
Director. Upon receipt at the department, the Director shall review
the application as to form. Upon determination of the Director that
the form of the application is appropriate, the Director will present
the matter to the Planning and Zoning Commission.
B.
This
petition will be on approved City forms and accompanied by such data
and information which may be prescribed for that purpose by the Commission
so as to assure the fullest practicable presentation of facts for
the Planning and Zoning Commission to consider in their review and
the permanent record. The petition shall specify the location of the
proposed change in zoning and as necessary include the height, area
and site plan for the lot. The site plan, if provided, shall include
a legal description, lot and building footing dimensions, appropriate
zone district setbacks, landscaping and parking requirements, contours
and drainage ways, proposed easements, public improvements and, if
possible or necessary, an artist's rendering in the horizontal view.
At the time the petition is filed, a fee shall be paid to the City
of Fenton. The fees for a change in zoning shall be as set forth in
Addendum "A".
C.
Verification Of The Petition. Each such petition shall be
verified by at least one (1) of the owners or authorized representatives
of the owners of property within the area proposed to be changed,
attesting to the truth and correctness of all facts and information
presented with the application.
D.
Notice For Hearing. The petition shall be set for public
hearing before the Planning and Zoning Commission within sixty (60)
days of the date of the filing of the petition. The Director shall
cause public notice of such hearing to be given. The notice procedure
shall be as follows:
1.
Fifteen (15) days' notice of the time and place of such hearing shall
be published in at least one (1) newspaper having general circulation
within the City. In addition, for development initiated change of
zoning petitions, 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 petitioner seeks more than one (1) continuance of
any published or notified hearing, the petitioner shall be responsible
for reimbursement of any re-publication and/or mailing notification
costs prior to any action by the Planning and Zoning Commission.
For non-development initiated changes in zoning (i.e., text
amendments or Zoning Code revisions), notice of the time and place
of such hearing shall be published in a newspaper of general circulation
at least fifteen (15) days in advance, supplemented by announcement
in the City's monthly newsletter and/or website.
2.
Such notice shall contain the approximate street location or address,
the name of the person seeking such zoning change, the present zoning
classification and the zoning classification sought or the nature
and reason of such request.
3.
The Commission, after public notice, shall conduct a hearing at which
the applicant shall present such information, as the petitioner deems
necessary, to substantiate its request for a change in zoning. The
Commission shall hear any person wishing to speak in favor of the
petition, after which time the Commission shall hear any person wishing
to speak in opposition to the petition, after which time the petitioner
may address or rebut any issues presented by the opposition. The Commission
shall then close the public participation portion of the hearing.
The Commission shall thereafter conduct a deliberation and discussion
of the petition. This discussion shall be in a public forum but no
public participation shall be allowed. After review and deliberation
the Commission shall vote whether to grant the change in zoning. A
simple majority of the Commission is required to pass the proposition.
If the proposition does not have a simple majority vote, the proposition
fails and shall be taken as a negative recommendation.
4.
The Commission shall communicate the results of its vote to the Board
of Aldermen and may further communicate its reasons for recommending
approval and/or its reasons for recommending denial and/or its reasons
for failing to achieve a majority favorable vote.
5.
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 parcels of land on which an application for a zoning change
has been filed with the Planning and Zoning Commission.
a.
Sign or signs shall be placed on such parcels of land at a point
nearest to the right-of-way of any street or roadway abutting such
parcel and so as to be clearly visible to the traveled portion of
such street or roadway. 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 §3, 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 zoning change pending before the Planning and
Zoning Commission.
d.
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 a misdemeanor and, upon conviction, shall be punished as set out in Section 100.060 of this Code.
e.
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.
E.
Appeal/Protest. In case of written protest against any change
in zoning regulations, restrictions or boundaries signed and acknowledged
by the owners of thirty percent (30%) or more either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change or within an area determined by lines drawn parallel to a two
hundred fifty (250) foot distance from the boundaries of the district
proposed to be changed, such amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of the full Board
of Aldermen. The provisions of this Section shall apply equally to
all changes or amendments.