[CC 1990 § 31-01-01; Ord. No. 2801[1] § 3 (Exh. A), 6-16-2014]
This Unified Development Code shall be known and may be cited
as the "Unified Development Code of the City of Chesterfield, Missouri,"
although it may be referred to hereafter as the "Unified Development
Code" or the "UDC."
[1]
Editor's Note: Section 1 of this ordinance described the boundaries
of the City of Chesterfield. This description is on file and may be
examined in the City offices.
[CC 1990 § 31-01-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The purpose of the UDC is as follows:
A.
Promote public health, safety and general welfare, while recognizing
the rights of real property owners and providing for administrative
procedures and development standards.
B.
Prevent the overcrowding of land and avoid undue concentration
of population by creating zoning districts consistent with the character
of each area within the City and its particular uses and by adopting
an Official Zoning Map consistent with the creation of such districts.
C.
Lessen congestion in the streets and secure safety from natural
disaster, fire, panic and other dangers by establishing density regulations
within each zoning district and further by providing a means by which
the rate of growth within the City can be monitored and managed.
D.
Facilitate the adequate provision of transportation, water,
sewerage, drainage, schools, parks, and other public requirements
by providing a means for regulating the impact of development on community
infrastructure.
E.
Regulate subdivision and development of land, ensuring its orderly
development and the concurrent provision of appropriate and necessary
public facilities.
F.
Maintain a balance between the total development in the City
and the capacity of the City and its infrastructure to serve such
development.
G.
Protect designated corridors, natural resource areas, historic
areas, and scenic areas within the City by establishing conservation
areas, and overlay zoning districts, and by establishing regulations
related to the preservation of quality aesthetic and environmental
standards.
H.
Help achieve the goals, objectives, and policies of the City
of Chesterfield Comprehensive Plan.
I.
Carry out such other purposes in the public interest as may
be specifically cited hereinafter.
[CC 1990 § 31-01-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General.
1.
District Regulations. The use and development of land and structures
within any zoning district are limited to those uses and developments
set forth in those Sections of this UDC as applicable to such district.
2.
Building Permits. No building permit shall be issued for the
erection, reconstruction or alteration of any structure, or part thereof,
nor shall any such improvement be started until approved by the Department
of Planning (the Department). No building permit shall be issued for
any building unless such building is in conformity with the provisions
of this UDC.
3.
Occupancy Permits. No building or structure or part thereof
shall hereafter be constructed or altered until issuance of a proper
permit. No new use, extension or alteration of an existing use, or
conversion from one use to another shall be allowed in any building,
structure or land or part thereof until issuance of a proper permit;
except that no permit shall be required for the raising of agricultural
crops, orchards or forestry. No occupancy permit shall be issued for
any use or change in use unless such use or change in use is in conformity
with the provisions of this UDC.
B.
Exclusions. The provisions of this UDC shall not apply to building
demolition material sites lawfully operated in accordance with the
provisions of Chapter 621, SLCRO 1964, as amended, nor to the extraction
of sand and gravel from stream beds conducted in accordance with the
provisions of Chapter 1006, SLCRO 1964, as amended.
[CC 1990 § 31-01-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The authority to adopt and enforce this UDC is granted to the
City of Chesterfield, Missouri, pursuant to Chapter 89, RSMo.
[CC 1990 § 31-01-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The provisions of this UDC shall apply to all properties within
the jurisdictions of the City of Chesterfield and shall govern development
and use of the land. No building shall be erected or structurally
altered nor shall any land development activity take place unless
it conforms to the provisions of this UDC. Uses of property shall
be limited by the provisions of this UDC.
[CC 1990 § 31-01-06; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The Comprehensive Plan shall recommend long-range development
patterns and programs for all land within the City of Chesterfield.
The Comprehensive Plan shall include, but not be limited to, the following
elements:
A.
A population element, which considers historic trends and projections,
household numbers and sizes, educational levels, income characteristics,
and other demographic information.
B.
An economic element, which considers labor force and labor force
characteristics, employment by place of work and residence, and analysis
of the economic base.
C.
A natural resources element, which considers slope characteristics,
prime agricultural and forest land, plant and animal habitats, parks
and recreation areas, scenic views and sites, wetlands, and soil types.
D.
A cultural resources element, which considers historic buildings
and structures; unique commercial or residential districts, natural
and scenic resources, archeological and other cultural resources.
E.
A community facilities element, which considers the transportation
network, water supply, treatment and distribution, sewage system and
wastewater treatment, solid waste collection and disposal, fire protection,
emergency medical services, general government facilities, education
facilities, libraries, and other community facilities.
F.
A housing element, which considers location, types, age and
condition of housing, owner and renter occupancy, and affordability
of housing.
G.
A land use element, which considers existing and future land
use by categories, including residential, commercial, industrial,
agricultural, recreation, parks, open space, and vacant and undeveloped
land.
H.
Any other element determined to be necessary.
[CC 1990 § 31-01-07; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
All ordinances and parts of ordinances relating to planning
and zoning previously adopted by the City Council, including special
procedure ordinances and all orders or parts of orders adopted by
the City Court of Chesterfield, which are inconsistent with any provision
of this Chapter, are repealed to the extent of such inconsistency.
An ordinance or part of an ordinance shall be deemed inconsistent
with this Chapter if it establishes a regulation or authorization
which is inconsistent with a regulation or authorization under the
new provisions of this UDC.
[CC 1990 § 31-01-08; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
This UDC is effective within the jurisdiction of the City of
Chesterfield as of June 16, 2014. All ordinances in conflict are hereby
repealed to the extent of their inconsistency.
[CC 1990 § 31-01-09; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
If any Section, Subsection, subdivision, paragraph, sentence,
clause or phrase of this UDC or any part thereof is for any reason
held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this UDC, or any part
thereof. The City Council hereby declares that it would have passed
each Section, Subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one (1) or more
Sections, Subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared unconstitutional, invalid or ineffective.
[CC 1990 § 31-01-10; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Violations Continue. Any violation of the previous zoning, subdivision,
or other ordinances that are now made a part of the UDC of the City
shall continue to be a violation under this UDC and shall be subject
to penalties and enforcement under Article 08 of this UDC, unless
the use, development, construction or other activity is consistent
with the express terms of this UDC.
B.
Completion Of Development; Complete Applications Submitted Before
June 16, 2014. Any application as related to this UDC, submitted on
or before June 16, 2014, may be reviewed and approved or denied in
conformance with the terms and conditions applicable at the time of
submittal.
C.
Plans And Plats Submitted On Or Before June 16, 2014. Any development
for which a plan or plat was submitted on or before June 16, 2014,
may be granted approval and may subsequently be developed in accordance
with the approved plan or plat. If a final plan or plat for a development
is not approved within any applicable time requirements established
by the previous ordinance requirements, the Planning Commission may
grant a time extension of not more than twenty-four (24) months. If
the final plan or plat is not submitted and reviewed by the end of
the granted extension, then such development shall be required to
adhere to the strict compliance with the requirements of this UDC.
[CC 1990 § 31-01-11; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 2978, 1-17-2018]
B.
Architectural Review Board.
1.
An Architectural Review Board (hereafter referred to as "ARB")
is hereby established.
2.
Purpose. The purpose of the ARB is to protect the character
of the City of Chesterfield by requiring that all development and
redevelopment projects submitted to the City of Chesterfield during
the site development plan and the site development section plan process
be reviewed by the ARB in order to achieve the following goals:
a.
Ensuring that high standards of architectural design
and materials are used for development in the City of Chesterfield.
b.
Preserving and improving the value of property within
the City of Chesterfield.
c.
Protecting and enhancing the attractiveness of the
City to home buyers, tourists, visitors, and shoppers; thereby supporting
and promoting business, commerce and industry, and providing economic
benefit to the City.
d.
Provide Recommendations To The Planning Commission.
The Planning Commission shall consider any recommendations or comments
provided by the ARB. The Planning Commission may consider, accept,
modify, or reject such recommendations in whole or part at their sole
discretion.
e.
Review projects for consistency with the City of
Chesterfield Architectural Review Design Standards while making recommendations
to the Planning Commission on potential modifications or enhancements
to architectural submissions.
3.
Composition Of The ARB. The Chesterfield ARB shall consist of
seven (7) members, and the desired composition of the Board is two
(2) commercial architects, two (2) residential architects, two (2)
landscape architects and one (1) affiliate in a related field. Preference
in the selection shall be given to members who are residents of the
City of Chesterfield or whose business is located in the City of Chesterfield,
all of whom shall be appointed by the Mayor with the consent of the
City Council. The Chair of the Planning Commission shall appoint a
member to act as liaison to the ARB, as provided for in the Planning
Commission bylaws. Said liaison may be rotated between interested
members of the Planning Commission at the discretion of the Planning
Commission Chair. The Planning Commission liaison representative shall
not vote and may not serve as an ARB officer.
4.
ARB Terms. The terms of office of the members of the ARB shall
be for two (2) years. Midterm vacancies shall be filled for the remaining
unexpired term only by mayoral appointment. The ARB shall schedule
at least twelve (12) meetings per year and any member of the ARB who
fails to attend at least fifty percent (50%) of all meetings, regular
and special, in any calendar year, will be replaced on the Board.
5.
ARB Officers. Officers shall consist of a Chair and a Vice Chair
elected by the ARB membership. Officers shall each serve a term of
one (1) year and shall be eligible for reelection, but no member shall
serve as Chair for more than two (2) consecutive years. The Planning
Commission liaison shall not be eligible for office. The ARB Chair
shall preside over meetings. In the absence of the Chair, the Vice
Chair shall perform the duties of the Chair. If both are absent, those
present shall elect a temporary Chair.
6.
ARB Meetings. A quorum shall exist when four (4) of the appointed
members are in attendance at a meeting. All decisions or actions of
the ARB shall be made by a majority vote of those members present
and voting at any meeting where a quorum exists. Meetings shall be
held at regularly scheduled times to be established by resolution
of the ARB at the beginning of each calendar year or at any time upon
the call of the Chair, but not less than twelve (12) times each year.
No member of the ARB shall vote on any matter that may materially
or apparently affect the property, income, or business of that member.
All members shall abide by any other City policies as to conflict
of interest. All meetings of the ARB shall be open to the public.
The Director of Planning shall provide staff to keep minutes of its
proceedings, showing the vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed and retained by the Department and shall
be public record.
7.
Powers And Duties Of The ARB. The ARB shall have the following
powers and duties:
