[CC 1990 § 31-02-01; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
This Article contains all provisions relating to processing
of development applications, Zoning Map amendments, special procedures,
subdivision, and other land development related procedures.
[CC 1990 § 31-02-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Published And Posted Notice; General.
1.
Applicability. This Section applies to petitions to amend, supplement
or change the regulations, zoning district boundaries or classification
of property now or hereafter established or any other permit or request
that requires a public hearing.
2.
Petition Completeness. The Department of Planning (the Department)
shall, within fifteen (15) calendar days of receipt of any petition
for change of zoning or special procedure permit accompanied by the
appropriate filing fees, notify in writing all parties of interest
as named in the petition, including the project engineer, architect,
and developer, as applicable, either that the petition is certified
as meeting all pertinent submittal requirements and will be scheduled
for hearing by a specified date or specifically in what manner the
petition does not comply with minimum petition submission requirements.
If the Department does not respond in writing within fifteen (15)
days, the petition may be deemed accepted and shall be scheduled for
public hearing within the period established by the applicable provisions
of this Article. If the petition has been determined not to comply
with minimum petition requirements, the parties so notified shall
be required to submit additional information or otherwise correct
any noted deficiencies within fifteen (15) days from receipt of the
Department's letter. If the deficiencies are not corrected within
the fifteen-day period, the Department shall return the petition to
the petitioner.
3.
Hearing Date. Upon filing with the Director of Planning a petition
to amend, supplement or change the regulations, zoning district boundaries
or classification of property now or hereafter established, or upon
initiation of a resolution of intention by the Planning Commission
or the City Council, a public hearing shall be set before the Planning
Commission within ninety (90) days.
4.
Notice Provided. The applicant shall provide notice to all adjacent
property owners of his/her request and the public hearing at least
seven (7) calendar days prior to said public hearing. Upon scheduling
of a public hearing for the same, the Department shall:
a.
Provide notice per Chapters 89 and 493 RSMo.; and
b.
Post public hearing sign(s) on the site for which
the public hearing is being held; and
c.
Send notice of the public hearing to one (1) paper
of general circulation to be advertised fifteen (15) calendar days
in advance of the public hearing; and
d.
Send notice of the public hearing to property owners
within two hundred twenty-five (225) feet of the subject site and
all residential subdivision trustees within one (1) square mile of
the subject site as the information is available to the City.
5.
Penalty For Removal Or Replacement Of Signs. 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 violation of this
Unified Development Code (UDC) and, upon conviction, shall be punished
as provided for in Article 08 of this UDC.
[CC 1990 § 31-02-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Scope Of Provisions. This Section contains procedures for amending
the zoning district boundaries or classification of property. Included
are regulations for the filing of petitions, required public hearing
notices and powers of the Planning Commission and the City Council
in reviewing requested changes.
B.
General Provisions.
1.
City Council Action. Whenever the public necessity, convenience,
general welfare, and good zoning practice require, the City Council
may, after a public hearing and report thereon by the Planning Commission
and subject to the procedure provided in this Section, amend, supplement,
or change the regulations, zoning district boundaries or classification
of property now or hereafter established by this Article.
2.
Simultaneous Public Hearings Allowed. The Planning Commission
may hold a public hearing on a petition for a change of zoning to
any zoning district, and a petition for a planned district or a special
procedure at the same public hearing and on the same parcel of land,
and make recommendations thereon.
3.
Initiating An Amendment, Supplement, Reclassification Or Change.
An amendment, supplement, reclassification or change may be initiated
by the Planning Commission or the City Council, 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.
4.
Denial And Reconsideration. If an application for the amendment,
supplement, reclassification or change of any property is denied by
the City Council, the matter may be reconsidered if any member of
the City Council introduces a motion for reconsideration at either
of the next two (2) regularly scheduled meetings after the denial,
and said motion is passed by a majority of the entire City Council.
If the matter is not reconsidered within said period, no subsequent
application requesting the same classification of conditional use
permit of, or with reference to, the same property or part thereof
shall be filed with the Department within twelve (12) months from
the date of the receipt and filing by the City Council of the Planning
Commission's report on the application. If a bill granting or denying
the application is not introduced in the City Council within ninety
(90) days after a report thereon by the Planning Commission is received
by the City Council at a regular meeting, it shall be deemed denied
unless extended by resolution of the City Council during the ninety-day
period.
C.
Petition For Zoning Map Amendment.
1.
Form Of Petition And Filing Fees. Petitions for any change of
zoning district boundaries or any reclassification of districts, as
shown on the Zoning District Maps, shall be addressed to the City
Council and filed with the Director of Planning upon forms prescribed
for that purpose by the Commission and accompanied by such data and
information so as to assure the fullest practicable presentation of
facts. At the time the petition is filed, the fees established by
this UDC shall be paid to the City of Chesterfield.
2.
Petition Verification Required. Each such petition, other than
those initiated by the Planning Commission or the City Council, 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 therein.
3.
Additional Petition Requirements. The Planning Commission may
require perspectives and/or 3-D models, which may include other properties,
for change of zoning petitions if:
4.
Meetings With Adjacent Property Owners. The petitioner shall
be required to meet or make a good faith and diligent attempt to meet
with adjacent property owners at least seven (7) days prior to the
public hearing concerning the petition. Verification of the above
shall be provided to the Department prior to the public hearing.
D.
Notice. Requirements for public notice are listed in Section 405.02.020 of this Article.
E.
Director Of Planning Review And Report. The Director of Planning
shall submit a written or oral report to the Planning Commission prior
to the forwarding of a decision or recommendation by the Planning
Commission to the City Council.
F.
Approval Of Change Of Zoning/Zoning Map Amendment Portion Of
Property. The Planning Commission may recommend that a petition for
a change of zoning district classification be approved, approved as
amended or denied for all or part of the property described in the
petition. The City Council may enact by ordinance such a partial granting
of a petition for a change in zoning district classification.
G.
Approval Of Different Classification. The Planning Commission
may recommend and the City Council may enact by ordinance a zoning
district classification other than that requested in the petition,
provided that the recommendation or ordinance is for a district classification
of the same use type as that requested by the petitioner. This shall
apply to all commercial, industrial and residential zoning districts.
H.
City Action On Request For Withdrawal. Any request for withdrawal
of a legally filed application for amendment or supplement to the
City of Chesterfield UDC may be denied, approved with prejudice, or
approved without prejudice by the Planning Commission.
I.
Time Limitation On Petitions. Petitions for Zoning Map amendments
and ordinance amendments must be scheduled for subsequent meetings
before the Planning Commission within six (6) months of the time of
their public hearing. If a petition is not scheduled for subsequent
meetings within six (6) months, then the petition shall be deemed
automatically inactive by the Department unless delay is approved
by the Planning Commission.
1.
"Inactive status" is defined as the period that is more than
six (6) months after the public hearing and is no longer progressing
forward as set out above. Once a petition is in the inactive status
it may not proceed forward unless it complies with all of the following:
2.
An inactive petition shall remain inactive until it complies with the provisions above or until such time as the Planning Commission or City Council directs that the petition be considered for withdrawal or review. Inactive status of a petition is not considered a withdrawal under Section 405.02.030(H) of this Article.
3.
Before the time that a petition is deemed inactive, the petitioner may request an extension of the time limitations from the Planning Commission. If the petitioner does not request an extension, then he/she must comply with Section 405.02.030(I)(1) of this Article.
4.
Said petition shall be managed by the Department as if it were
an initial review. If the petition is reviewed by the Planning Commission
or City Council at their request, then the petition will be reviewed
based upon the status of the submittal at the date it became inactive.
[CC 1990 § 31-02-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Applicability. The requirements of this Section shall apply
to all proposed developments attempting to establish a planned district
or to utilize a special procedure. Further, this Section shall also
apply to any proposed amendment to an existing planned district or
special procedure.
1.
Planned districts are as follows:
|
Planned Commercial District
|
PC
|
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Planned Commercial District
|
C8
|
|
Planned Industrial District
|
PI
|
|
Planned Industrial District
|
M3
|
|
Urban Core District
|
UC
|
|
Medical Use District
|
MU
|
|
Neighborhood Business District
|
NB
|
|
Mixed Use District
|
MXD
|
|
Planned Commercial & Residence District
|
PC&R
|
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Planned Unit Development
|
PUD
|
2.
Special procedures are as follows:
|
Adult Entertainment Area
|
AEA
|
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Conditional Use Permit
|
CUP
|
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Residence Business Use Procedure
|
RBU
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Museum and Arts Area
|
MAA
|
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Wild Horse Overlay
|
WH
|
B.
Procedures. The procedures for the establishment of or amendment
to any planned district or special procedure are outlined in this
Section.
1.
Application. The owner or owners of record, or owners under
contract of a lot or tract of land, or their authorized representatives,
shall petition the City Council on forms prescribed for this purpose
by the Planning Commission. These forms are to be submitted to the
Department and accompanied by the following:
a.
Filing fee per the requirements of Article 09 of
this UDC.
b.
Narrative, including the following:
(1)
A document, which may include architectural renderings,
pictures, mock plans, etc., describing the character of, and rationale
for the proposed development;
(2)
Proposed land uses and development standards, density
and height limitation, yard requirements, all of which shall be compatible
with other nearby uses and developments and ensuring consistency with
the Comprehensive Plan;
(3)
A listing of all land uses per tract of land within
the proposed development, if applicable;
(4)
Exceptions, variances, or waivers from the UDC,
if being requested;
(5)
A statement regarding tree preservation and proposed
landscaping;
(6)
A description of any proposed amenities or recreational
facilities;
(7)
A description of lands to be dedicated for public
facilities;
(8)
Proposed phasing and time schedule if the development
is to be done in phases; and
(9)
Proposed phasing and time schedule for land to
be dedicated for public facilities.
c.
Legal description of the property.
d.
Outboundary survey of the property.
e.
Preliminary Development Plan.
(1)
A key map showing the tract and its relation to
the surrounding area.
(2)
A North arrow and scale. The scale shall be no
larger than one (1) inch equals one hundred (100) feet.
(3)
Names of the owners of all property adjoining the
tract as disclosed by the most recent St. Louis County Assessor's
record.
(4)
Depict existing and proposed improvements within
one hundred fifty (150) feet of the site as directed by the City.
Improvements include, but are not limited to, roadways, driveways,
and walkways adjacent to and across the street from the site, and
significant natural features, such as wooded areas and rock formations,
that are to remain or be removed.
(5)
Proposed preliminary location of land uses in single
lot developments, approximate location of buildings and other structures,
as well as parking areas, shall be indicated. In multiple-lot developments,
preliminary location and configuration of buildings, including locations
of common ground areas, major utility easements, and stormwater retention
areas shall be indicated. Where applicable, preliminary location and
number of residential density units.
(6)
Proposed structure and parking setbacks.
(7)
Perimeter buffers.
(8)
Proposed maximum structure heights.
(9)
Proposed area to be dedicated for open space.
(10)
Approximate location of all tree masses, and a
concept landscape plan indicating location, general type, size and
quantities of trees; shall meet all requirements of the City's tree
preservation and landscape requirements in Article 04 of this UDC.
(11)
Approximate location of any historical artifacts,
buildings, or historically significant buildings as identified by
the Chesterfield Historic and Landmark Preservation Committee (CHLPC)
or St. Louis County within the boundaries of the property.
(12)
Proposed ingress and egress to the site, including
adjacent streets, and approximate alignments of internal roadway systems.
(13)
Preliminary plans for sanitation and drainage
facilities.
(14)
Existing and proposed contours at vertical intervals
of not more than five (5) feet referred to sea level datum. Floodplain
areas shall be delineated.
(15)
Two (2) section profiles through the site showing
preliminary building form, existing natural grade, and proposed final
grade.
(16)
Any other information as requested by the City
of Chesterfield.
2.
Public Hearing. A public hearing on the petition shall be held by the Planning Commission in accordance with Section 405.02.020 of this Article.
3.
Planning Commission Review And Recommendation. No action shall
be taken by the City Council with respect to the petition until it
has received the recommendation of the Planning Commission. The recommendation
shall address the proposed development and its relation to all applicable
Sections of this UDC, the City of Chesterfield Comprehensive Plan,
and compatibility with adjoining permitted developments and uses.
A recommendation of approval or approval as amended shall include
recommended conditions to be included in the ordinance, preliminary
development plan, or permit authorizing the establishment of the planned
district or special procedure.
[Ord. No. 2816, § 1 (Att. A), 10-6-2014]
4.
Conditional Use Permit (CUP) Performance Standards. All uses established by a CUP shall operate in accord with the appropriate performance standards contained in Section 405.04.130, Zoning Performance Standard Regulations, of this UDC. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by the CUP.
5.
Residential Business Use (RBU) Recommendations Subject To Conditions.
When approval has been recommended subject to conditions and the conditions
would cause substantial change in the site plan presented at public
hearing, the Planning Commission shall withhold forwarding a recommendation
to the City Council pending receipt of a revised plan from the petitioner
reflecting compliance with the conditions.
a.
The petitioner shall be allowed a maximum of forty-five
(45) days to submit the revised plan to the Department.
b.
Said plan shall be reviewed by the Planning Commission
at its next meeting. If the petitioner fails to submit the revised
plan, the Planning Commission shall forward its recommendation to
the City Council.
c.
Designation of the residential business use area qualifies property for certain uses as granted by the residential business use area in the residential zoning district in which the property is located. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular planned district as described in Section 405.02.040 of this Article.
d.
The Planning Commission shall also consider the
architectural, landscape and other relationships which may exist in
the proposed development and the character of the surrounding neighborhood,
and shall prescribe and require such physical treatments or other
limitations as will, in its opinion, enhance the neighborhood character.
e.
The recommendation, along with preliminary plans
and conditions where approval has been recommended, shall be forwarded
to the City Council for its consideration.
6.
City Council Action. Upon receipt of the Planning Commission's
recommendation, the City Council shall approve, approve as amended
or deny the request for a planned district or special procedure by
approving an ordinance or approval authorizing the development or
deny the application. If the application is approved, the matter shall
be returned to the Planning Commission for consideration of a site
development plan, site development concept plan, or site development
section plan.
7.
City Council Action For A Conditional Use Permit (CUP).
a.
Permit Effective, When. Unless the City Council exercises its power of review as described in Section 405.02.200 of this Article or a duly filed protest is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after fifteen (15) days of the City Council's receipt of the Planning Commission's report granting the application. In the event that a conditional use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.
b.
Effect Of Denial. Upon denial by the Planning Commission
of an application for a conditional use permit, the Planning Commission
shall notify the applicant of the denial. If no appeal is filed from
the denial and if the City Council does not exercise its power of
review, no subsequent application for a permit with reference to the
same property or part thereof shall be filed by any applicant until
the expiration of twelve (12) months after the denial. No provision
herein shall be construed to prevent the Planning Commission or the
City Council from initiating the procedure provided in this Section
by a resolution of intention at any time.
c.
Appeal, Protest Or City Council Review Of Planning
Commission Decision For CUP.
(1)
Appeal By Petitioner From Decision Of Denial. The petitioner may file an appeal to the City Council of a Planning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 405.02.190 of this Article.
(2)
Protest By Specified Nearby Property Owners To Decision Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 405.02.190 of this Article.
(3)
City Council may exercise power of review on the decision of the Planning Commission in accord with the provision of Section 405.02.200 of this Article.
d.
Development Of Conditional Uses And Permitted Land
Uses On Same Tract Of Land. Nothing shall prevent the establishment
of land uses for developments authorized by conditional use permit
on the same tract of land with one (1) or more permitted land uses
and developments specified in the regulations of the governing zoning
district. However, the development or use authorized by a conditional
use permit shall abide by the conditions of the permit, and the permitted
land use and development shall adhere to the regulations of the governing
zoning district. A permitted land use or development existing at the
time of submittal of a site development plan for a development or
use authorized by conditional use permit shall be shown on the plan.
No permitted use or development shall at any time cause the violation
of any condition imposed by a conditional use permit.
e.
Recording. Prior to the issuance of any building
permit or permit authorizing the use of the property in question,
the property owner shall record a copy of the approved conditional
use permit, including attached conditions, and any subsequent amendments
thereto and the legal description of the tract with the St. Louis
County Recorder of Deeds, with a copy to be filed with the City of
Chesterfield.
f.
Time Limit Of Conditional Use Permits. Conditional
use permits shall be valid for an unlimited period unless a lesser
period shall be provided in a particular permit. Upon the expiration
of the time limit specified in a particular permit, the property owner
may request that the conditional use permit be reviewed by the Planning
Commission, which may extend it for an unlimited period or for a specified
additional period of years.
8.
Appeal Or Protest Of A Planned District Or Special Procedure.
a.
Appeal By Petitioner To Recommendation Of Denial. The petitioner may file an appeal to the City Council of a Planning Commission recommendation of denial of an application for a planned district or special procedure or an amendment thereto in accord with the provisions of Section 405.02.190 of this Article.
b.
Protest By Specified Nearby Property Owners To Recommendation Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning Commission's recommendation of approval of an application for a planned district or special procedure or an amendment thereto in accord with the provisions of Section 405.02.190 of this Article.
C.
Procedure For Amendment Of Conditions Of A Planned District
Or Special Procedure.
1.
In order to amend the provisions of any planned district ordinance
or special procedure approval, including the permitted uses, the procedure
shall be as follows:
a.
The process to amend a planned district ordinance
or a special procedure approval shall be the same as the establishment
of the same.
b.
Where the Director of Planning has determined that
the request for amendment is minor in nature, the requirement to submit
a new preliminary plan shall be waived.
2.
To amend any recorded site development (section or concept) plan approved for a planned district, see Section 405.02.100 of this Article.
D.
Guarantee Of Improvements.
1.
Unless otherwise provided for in the conditions of the ordinance
governing a particular planned district or special procedure approval,
no permits authorizing the occupancy or use of a building, facility,
planned district or special procedure establishment, or service concern
may be issued until required related off-site improvements are constructed
or a deposit, performance bond, irrevocable letter of credit, or other
acceptable instrument is posted covering their estimated cost as determined
by the Department.
2.
This requirement shall not apply to foundation permits or permits
necessary for the installation of required related off-site improvements.
3.
Required related off-site improvements shall include, but not
be limited to, streets, sidewalks, sanitary and storm sewers, streetlights,
and street trees.
4.
If any planned district or special procedure is developed in
sections, the requirement shall also apply to all major improvements
necessary to the proper operation and function of the section in question,
even though such improvements may be located outside of the section
in question.
F.
Trust Indentures And Warranty Deed.
1.
In developments where common open areas, which may include open
spaces, recreational areas, or other common grounds, are provided
and the acreage of which is included in the gross acreage for density
calculation purposes, a trust indenture shall be recorded simultaneously
with the record plat. The indenture shall provide for the proper and
continuous maintenance and supervision of said common land by trustees
to be selected and to act in accordance with the terms of such indenture
and the common land shall be deeded to the trustees under said indenture
by general warranty deed. In addition, the trust indenture shall contain
the following provisions:
a.
That the common areas, including common open spaces,
recreational areas, or other common grounds, shall be for the sole
benefit, use, and enjoyment of the lot or unit owners, present and
future, of the entire planned district or special procedure or that
the common areas may also be used by residents outside the planned
district or special procedure. If residents outside the planned district
or special procedure are permitted to use the common areas, the indenture
shall contain provisions which shall provide, in essence, the following:
(1)
No resident shall be denied the use of the open
space, recreational facilities, or other common ground for any reason
related to the extension of such privilege to non-residents of the
planned district or special procedure;
(2)
All rules and regulations promulgated pursuant
to the indenture with respect to residents of the planned district
or special procedure shall be applied equally to the residents;
(3)
All rules and regulations promulgated pursuant
to the indenture with respect to non-residents of the planned district
or special procedure shall be applied equally to the non-residents;
(4)
At any time after the recording of the indenture,
a majority of the residents of the planned district or special procedure,
by election duly called, may elect to allow or disallow usage of the
open space, recreational facilities or other common grounds by non-residents
of the planned district or special procedure.
b.
The indentures shall contain provisions for the
maintenance of all common areas and facilities and the means of collecting
assessments necessary for the maintenance thereof.
c.
In planned districts or special procedures containing
attached units, the indenture shall contain provisions for maintenance
of common walls.
[CC 1990 § 31-02-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 2828, § 2 (Att. B), 1-5-2015]
A.
Use And Development Of Floodway. All development or use of the
floodway involving any encroachment, including fill, new construction
or material improvement of any existing structure, is prohibited unless
certification by a registered professional engineer is provided to
and approved by the Department that the development will not result
in any increase in flood levels during occurrence of the base flood
discharge. If and only if this Subsection is complied with, use or
development of the floodway may be carried out subject to the restrictions
of the remainder of this Section.
B.
Use And Development In The FP Overlay District. No use or development
in this district shall increase the flooding problems of other properties.
Prior to any use or development of property pursuant to the permitted
or conditional uses designated in this district, if such use or development
involves man-made change to real property below the flood elevation,
including construction or erection of any building or structure, or
any filling, grading, paving, mining, dredging, excavation or drilling,
the following procedure shall be complied with:
1.
The property owner or user shall submit to the City of Chesterfield
a development plan. The plan shall be approved if it demonstrates
that its implementation will not increase the flooding problems of
other properties. With respect to any stream for which a floodway
has not been designated, the flooding problems of other properties
will be deemed increased if implementation of the plan would decrease
the water storage or conveyance capacity of the stream.
2.
The plan shall include a report by a registered professional
engineer of demonstrated competence in hydrology as to the adequacy
of the proposed plan to avoid flooding problems of other properties
and such other hydrologic problems as may result from the improvements.
Where the plan only delineates the floodplain elevation on the ground
and no change or construction is proposed involving land below the
floodplain elevation, the plan may be submitted under the seal of
a registered land surveyor.
3.
The City of Chesterfield may require such additional data or
engineering studies from the applicant as may be necessary to determine
the adequacy of the proposed plan.
C.
Use And Development Under Underlying District Regulations. Property
in this district may be used and developed in accordance with the
regulations of the underlying zoning upon compliance with Article
05 of this UDC and the following procedure:
1.
The property is placed in such conditions as to effectively
and without increasing the flooding problems of other properties,
remove the property from flooding based on the flood elevation study
approved by the United States Federal Emergency Management Agency
(FEMA) and used as basic data for determining the boundaries of the
Flood Hazard Boundary Map, being the FP Floodplain District as governed
by this Section. Effective removal of the property from flooding requires
provision of adequate freeboard as determined by the City of Chesterfield
in light of the reasonably anticipated ultimate development of the
watershed. If the standards required by this Subsection are satisfactorily
met in respect to any lot or tract of land in the FP Floodplain District,
the property may then be used for such uses and under such regulations
as are contained in the district regulations of the district designated
after the FP code designation as the underlying district for the particular
property.
a.
The property owner or user shall submit to the City
of Chesterfield a plan for flood protection. The plan shall be approved
if its implementation would adequately protect against the amount
of water that would flow past the property in cubic feet per second
during the base flood, as determined by the flood elevation study
approved by FEMA and used as basic data for determining the boundaries
of the Flood Insurance Rate Map and the Flood Hazard Boundary Map,
and if the plan further demonstrates that its implementation will
not increase the flooding problems of other properties. With respect
to any stream for which a floodway has not been designated, the flooding
problems of other properties will be deemed increased if implementation
of the plan would decrease the water storage or conveyance capacity
of the stream.
b.
The plan must include a report by a registered professional
engineer of demonstrated competence in hydrology as to the adequacy
of the proposed plan for flood protection relative to the elevation
of the floodplain and the flow as determined in the flood elevation
study approved by FEMA, the effect of the proposed improvement on
the flood problems of other properties, and such other hydrologic
problems as may result from the improvements. Where the plan only
delineates the floodplain elevation on the ground and no change or
construction is proposed involving land below the floodplain elevation,
the plan may be submitted under the seal of a registered land surveyor.
c.
The City of Chesterfield may require such additional
data or engineering studies from the applicant as may be necessary
to determine the adequacy of the proposed plan for flood protection.
D.
Effect Of Plan Approval.
1.
The approval by the City of Chesterfield of such plans for flood
protection does not constitute a representation, guarantee, or warranty
of any kind by the City of Chesterfield or by any officer or employee
of either as to the practicality or safety of any protective measure
and shall create no liability upon or cause of action against such
public body, officers, or employees for any damage that may result
pursuant thereto.
2.
Approval of the plan by the City of Chesterfield does not relieve
an owner or user from fulfilling the requirements set forth in Article
05 of this UDC and any other City ordinance regarding construction
or development within the floodplain.
E.
Floodplain Boundary. In order to establish a minimum lot area
outside of the floodplain, an engineer's seal and signature verifying
the location of the floodplain boundary must be submitted for review
and approval by the Department. The plat must be certified by a registered
professional engineer, of demonstrated competence, licensed to practice
in the State of Missouri.
[CC 1990 § 31-02-06; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Scope Of Provisions. Nominations for an LPA or H designation
shall be made to the Chesterfield Historic and Landmark Preservation
Committee (CHLPC) and may only be submitted by the owner of record
of the nominated property or structure, by a member of the CHLPC,
or by elected members of the City Council. Nominations shall be submitted
to the City Clerk, who will within seven (7) days of receipt mail
a notification of intent to nominate to the owner of record of the
nominated property. Forms and criteria for nomination will be available
at the office of the City Clerk.
B.
Criteria For Consideration Of Nomination.
1.
The CHLPC shall, after such investigation as it deems necessary,
make a determination as to whether a nominated property, structure,
site, area or district meets one (1) or more of the following criteria:
a.
Its character, interest, or value as part of the
development, heritage, or cultural characteristics of the community,
County, State or country;
b.
Its overall setting and harmony as a collection
of buildings, structures, objects where the overall collection forms
a unit;
c.
Its potential to be returned to an accurate historic
appearance regardless of alterations or insensitive treatment that
can be demonstrated to be reversible;
d.
Its location as a site of a significant local, County,
State, or national event;
e.
Its identification with a person or persons who
significantly contributed to the development of the community, County,
State or country;
f.
Its embodiment of distinguishing characteristics
of an architectural type valuable for the study of a period, type,
method of construction, or use of indigenous materials;
g.
Its identification as the work of a master builder,
designer, architect, or landscape architect whose individual work
has influenced the development of the community, County, State or
country;
h.
Its embodiment of design, detailing, materials,
or craftsmanship that render it architecturally significant;
i.
Its embodiment of design elements that make it structurally
or architecturally innovative;
j.
Its unique location or singular physical characteristic
that makes it an established or familiar visual feature of the neighborhood,
community or City;
k.
Its character as a particularly fine or unique example
of a utilitarian structure, including, but not limited to, farmhouses,
gas stations, or other commercial structures, with a high level of
integrity or architectural significance;
l.
Its suitability for preservation or restoration;
and
m.
Its potential to yield information important to
history and prehistory.
2.
Any structure, property, or area that meets one (1) or more
of the above criteria shall also have sufficient integrity of location,
design, materials, and workmanship to make it worthy of preservation
or restoration.
C.
Public Hearing On Landmark Preservation Areas And Historic Designations. Upon receipt of a completed nomination of a landmark preservation area (LPA) or historic designation, the CHLPC shall schedule within thirty (30) days, a public hearing through the Department to solicit input and comment on the proposed nomination and guidelines for certificates of appropriateness. A public hearing shall be held per the requirements of Section 405.02.020 of this Article.
D.
Report And Recommendation Of CHLPC. The CHLPC shall within ninety
(90) days from receipt of a completed nomination in proper form adopt
by resolution a recommendation that the nominated LPA or historic
designation does or does not meet the criteria for designation in
this Article. The resolution shall be accompanied by a report to the
Planning Commission containing the following information:
1.
Explanations of the significance or lack of significance of
the nominated landmark or historic designation as it relates to the
criteria for designation;
2.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic designation;
3.
In the case of a nominated landmark found to meet the criteria
for designation, the following shall be provided:
a.
The significant exterior architectural features
of the nominated landmark that should be protected;
b.
The types of construction, alteration, demolition
and removal, other than those requiring a building or demolition permit,
that should be reviewed for appropriateness pursuant to the provisions
of this Article;
c.
Archaeological significance and recommendations
for interpretation and protection.
4.
In the case of a nominated historic designation found to meet
the criteria for designation, the following shall be provided:
a.
The types of significant exterior architectural
features of the structures within the nominated historic designation
that should be protected;
b.
The types of alterations and demolitions that should
be reviewed for appropriateness pursuant to the provisions of this
Article;
c.
The type and significance of historic and prehistoric
archaeological sites within the nominated historic designation;
d.
Proposals for design guidelines and CHLPC review
of certificates of appropriateness within the nominated historic designation;
e.
The relationship of the nominated historic designation
to the ongoing effort of the CHLPC to identify and nominate all potential
cultural resources that meet the criteria for designation;
f.
Recommendations as to appropriate permitted uses,
special uses, height and area regulations, minimum dwelling size,
floor area, sign regulations, lot size, and parking regulations necessary
or appropriate to the preservation of the nominated historic designation,
including recommendations for buffer zones to protect and preserve
visual integrity;
g.
A map showing the location of the nominated historic
designation area.
E.
Recommendations And Report. The recommendations and report of
the CHLPC shall be sent to the Planning Commission within seven (7)
days following the vote on the resolution and shall be available to
the public in the office of the City Clerk.
F.
Notification Of Nomination. The Planning Commission shall schedule
and hold a hearing on the nomination following receipt of a report
and recommendation from the CHLPC that a nominated LPA or historic
designation meets the criteria for designation. The meeting shall
be scheduled, held and conducted in the same manner as other meetings
to consider applications for zoning amendments or ordinance amendments.
Notice of the date, time, place and purpose of the meeting and a copy
of the completed nomination form shall be sent by regular mail to
the owner(s) of record and to the nominators.
G.
Public Hearing. Oral or written testimony concerning the significance
of the nominated landmark or historic designation shall be taken at
the public hearing before the Planning Commission from any person
concerning the nomination. The CHLPC may present expert testimony
or present its own evidence regarding the compliance of the nominated
landmark or historic designation with the criteria for consideration
of a nomination set forth in this Article. The owner of any nominated
landmark or of any property within a nominated historic designation
shall be allowed reasonable opportunity to present evidence regarding
significance and shall be afforded the right of representation by
counsel and reasonable opportunity to cross-examine expert witnesses.
The hearing shall be closed upon completion of testimony.
H.
Determination By Planning Commission. Within sixty (60) days
following close of the public hearing, the Planning Commission shall
make a determination upon the evidence whether the nominated landmark
or historic designation does or does not meet the criteria for designation.
Such a determination shall be made upon a motion and vote of the Planning
Commission and shall be accompanied by a report stating the findings
of the Planning Commission concerning the relationship between the
criteria for designation of this Article and the nominated LPA or
historic designation and all other information required by this Article.
I.
Notification Of Determination. Notice of determination of the
Planning Commission, including a copy of the report, shall be sent
by regular mail to the owner of record of a nominated landmark and
of all property within a nominated historic designation and to the
nominator within seven (7) days following the decision of the Planning
Commission.
J.
Appeal. A determination by the Planning Commission that the
nominated landmark or historic designation does or does not meet the
criteria for designation shall be a final administrative decision
reviewable under the Missouri Administrative Procedure and Review
Act, unless the nominator or any owner of the nominated landmark or
property within the nominated historic designation, within fifteen
(15) days after the postmarked date of the notice of the determination,
files with the City Clerk a written appeal to the City Council.
K.
Action By City Council. The City Council may within thirty (30)
days after receiving the recommendation that the nominated landmark
or historic designation be designated or receiving a written appeal,
either reject the recommendation or written appeal by formal resolution
or designate the landmark or historic designation by an ordinance.
The City Council may hold a public hearing before enacting the resolution
or ordinance and a written statement explaining the reasons for the
action of the City Council shall accompany the ordinance. The City
Clerk shall provide written notification of the action of the City
Council by regular mail to the nominator, the appellant, and the owner(s)
of record of the nominated landmark or of all property within a nominated
historic designation. The notice shall include a copy of the designation
ordinance or resolution passed by the City Council and shall be sent
within seven (7) days of the City Council action. A copy of each designation
ordinance shall be sent to the CHLPC, the Planning Commission, and
the Director of Planning.
L.
The Designation Ordinance. Upon designation, the landmark or
historic designation shall be classified as an LPA, landmark preservation
area, or H, historic designation, and the designating ordinance shall
prescribe the significant exterior architectural features, the types
of construction, alteration, demolition, and removal, other than those
requiring a building or demolition permit that should be reviewed
for appropriateness, the design guidelines for applying the criteria
for review of appropriateness, permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, lot size,
sign regulation and parking regulations. The official Zoning Map of
the City of Chesterfield shall be amended to show the location of
the H, historic designation, or LPA, landmark preservation area.
M.
Interim Control. No municipal zoning authorization shall be
issued for alteration, construction, demolition, or removal of a potential
landmark or of any property or structure identified as a potential
historic designation, while the CHLPC, Planning Commission or City
Council is considering said property for a LPA landmark preservation
area or historic designation, unless such alteration, removal or demolition
is authorized by formal resolution of the City Council as necessary
for public health, welfare or safety. In no event shall the delay
be more than one hundred eighty (180) days.
N.
Amendment And Rescission Of Designation. Designation may be
amended or rescinded upon petition to the CHLPC and compliance with
the same procedure and according to the same criteria set forth herein
for designation.
O.
Applications For Certificates Of Appropriateness.
1.
An application for a certificate of appropriateness must be
made prior to applying for a demolition permit or a building permit
affecting the exterior architectural appearance of any landmark or
any structure within an historic designation, including but not limited
to the following:
a.
Any construction, alteration, or removal requiring
a building permit from the City of Chesterfield;
b.
Any demolition in whole or in part requiring a demolition
permit from the City of Chesterfield;
c.
Any construction, alteration, demolition or removal
affecting a significant exterior architectural feature or appearance
as specified in the ordinance designating the landmark or historic
designation;
d.
Any construction, alteration or removal involving
earth-disturbing activities that might affect archaeological resources;
e.
Any actions to correct a violation of a minimum
maintenance standard.
2.
Applications for a certificate of appropriateness shall include
accompanying plans and specifications affecting the exterior architectural
appearance of a designated landmark or a property within a designated
historic designation, and applications for building and demolition
permits shall include plans and specifications for the contemplated
use of the property. The Department shall forward applications for
building and demolition permits to the CHLPC within seven (7) days
following the receipt of the application. A building or demolition
permit shall not be issued until the CHLPC has issued a certificate
of appropriateness. Any applicant may request a meeting with the CHLPC
before the application is reviewed by the CHLPC or during the review
of the application. Application for review of construction, alteration,
demolition, or removal not requiring a building permit for which a
certificate of appropriateness is required shall be made on a form
prepared by the CHLPC and available at the office of the City Clerk.
The CHLPC shall consider the completed application at its next regular
meeting.
3.
Stop-Work Order. Whenever the CHLPC has reason to believe that
an action for which a certificate of appropriateness is required has
been initiated, or is about to be initiated, or that a violation of
the conditions of a permit has occurred, it shall request that the
Director of Planning make every reasonable effort to contact the owners,
occupants, contractors or subcontractors and inform them of proper
procedures. If the CHLPC determines that a stop-work order is necessary
to halt an action, it shall request the Director of Planning to send
a copy of the stop-work order by certified mail, return receipt requested,
to the owners, occupants, contractors and subcontractors, and notify
them of the process of applying for a certificate of appropriateness.
A copy of the proper application form shall be included in the notice.
If necessary, a second or subsequent stop-work order may be issued
for the same project.
[CC 1990 § 31-02-07; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Procedure.
[Ord. No. 2816, § 1 (Att. A), 10-6-2014]
1.
The WH District is established as an overlay district. An overlay
district is a special procedure which addresses circumstances or environmental
safeguards and is superimposed over the underlying existing zoning
district.
2.
Properties required to zone to the WH Overlay District per Section 405.03.050 of this UDC must zone to one of the estate district zoning classifications found in Article 03 of this UDC concurrently.
3.
All properties in utilizing the WH Overlay District shall follow the procedures set forth for establishment of special procedures or amendments thereto in Section 405.02.040 of this Article of the UDC.
4.
Development requirements are established by the underlying zoning
district, the WH Overlay District, and the preliminary development
plan.
5.
Approval of development plans or amendments thereto shall be in accordance with Section 405.02.100 of this UDC.
B.
Review Process.
1.
As set forth in the purpose and intent of this Section, all
properties in the Wild Horse Creek Road Sub Area Study shall be required
to utilize planned districts to develop under this district.
2.
The governing ordinance for each developed property shall contain
a specific section addressing adherence to the specific criteria set
forth in this UDC.
3.
Separate vote will be required for adherence to this UDC and
underlying zoning district requirements.
[CC 1990 § 31-02-08; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Scope Of Provisions. The regulations contained in this Section
shall apply to any development, other than a detached single-family
residence, within six hundred (600) feet of an established or authorized
public park or reservation.
B.
Statement Of Intent. The purpose of this Section is to provide
for review of proposed development, other than the construction of
detached single-family residences, in the neighborhood of public parks
and reservations to insure the preservation of public investment in
such parks by reducing the harmful effects of conflicting adjacent
development.
C.
Review, Approval, And Appeal Procedures. The review, approval,
and appeal procedures for developments near City parks shall be as
follows:
1.
Prior to the issuance of a building permit for any development
subject to the regulations contained in this Section, the Department
shall require the applicant to submit for review:
a.
A site plan of the proposed development showing
proposed uses and structures, landscaping, parking and circulation,
grading or other changes in the elevation of the land, and the location
and size of all isolated trees having a diameter at the base of two
(2) inches or more and all tree masses, indicating which are to be
removed; and
b.
Architectural elevations of that side of the development
closest to the park and of each side facing a public right-of-way.
The finish and material of all exterior surfaces visible in such elevation
shall be specified. All proposed fences shall be shown, and their
height, type, material, and finish indicated. All signs or other advertising
devices which will be visible from any point on the perimeter of the
park shall be shown, and their material, finish, and message indicated.
2.
The Department of Parks shall review the plans and, within ten
(10) days, forward its recommendations to the Department for its comments
and recommendations.
3.
The Planning Commission shall review the plans, comments, and
recommendations of the Department. If the Commission finds that the
nature, construction or design of the proposed development will be
harmful to the beneficial use of the park by the public, it shall
reject the plans. The rejection shall be in writing, shall indicate
the reasons therefor, and shall specify modifications necessary and
sufficient to protect the nature and use of the park.
4.
The determination of the Planning Commission may be appealed
within fifteen (15) days by the developer, or any aggrieved party,
upon filing of a notice of appeal and payment of an appeal fee of
fifty dollars ($50.00). Such notice of appeal shall be directed to
the City Council and referred to an appropriate committee, which may
hold a public hearing on the appeal in the same manner and in accordance
with the same procedure as is required for an appeal from a change
of zoning. The Council may reverse, affirm or modify the determination
of the Planning Commission.
5.
The requirements of this Section are in addition to the building
code, subdivision criteria, other provisions of this UDC and any other
applicable law. Review of development under this Section shall be
coordinated, insofar as possible, with review of plans under other
provisions of this UDC and the subdivision criteria, under the direction
of the Director of Planning. The Department shall authorize the requested
building permits, if:
[CC 1990 § 31-02-09; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Applicability. The requirements of this Section shall apply
to the review of plans where one (1) or more buildings are to be erected
on a single lot, excepting the following:
1.
Developments conditioned by planned district or special procedure
approval.
2.
Single-family residential detached dwellings, including associated
garages.
3.
Non-residential buildings less than one thousand (1,000) square
feet in gross floor area.
4.
Additions to existing non-residential buildings when the addition
is less than ten percent (10%) of the existing building's gross floor
area, the addition does not exceed five thousand (5,000) square feet,
no new curb cuts are required, and where new construction does not
reduce existing parking or significantly modify existing on-site circulation
as determined by the Director of Planning.
5.
Enclosed stairwells.
6.
Canopies constructed over existing walkways, loading docks or
pump islands, where new construction does not reduce existing parking
or significantly modify existing on-site circulation, as determined
by the Director of Planning.
B.
Procedures.
1.
Site plans shall be reviewed and approved by the City of Chesterfield
and the Department in accord with the following:
a.
Compliance of the site plan with UDC requirements
shall be established by the Director of Planning or his/her designee.
b.
The Department (or St. Louis County Department of
Highways and Traffic, as applicable) shall review and approve the
right-of-way, pavement required, curb cuts, and other design features
of abutting public streets or private or new streets, other than multiple-family
access drives within the development connecting the development with
a major street or streets. Additional streets may be required for
the public health, safety and welfare, when determined necessary by
the City of Chesterfield. On such streets, the City of Chesterfield
shall determine the requirements for rights-of-way, street width,
width of curb cuts, street trees, sidewalks, and any other improvements
in adjacent rights-of-way where not covered elsewhere in the UDC.
The City of Chesterfield shall review and approve the plans
for conceptual compliance with the various codes and ordinances relating
to grading, drainage, silt control, storm sewer services, floodplain
(as it affects the development), and other applicable requirements.
At such times as a development is proposed adjacent to a street
that is accepted and maintained by the City of Chesterfield, that
street shall be improved in accordance with the City of Chesterfield
standards and the cost of improvement of and the dedication of half
of the right-of-way adjacent to the proposed development shall be
included in the overall development improvements.
c.
The Department shall review and approve the internal
traffic and pedestrian circulation system, landscaping, parking areas,
and additional characteristics of site design, as deemed appropriate.
Landscaping may include recontouring, building of earth berms, vegetative
covering, screening or other material alteration of the site as deemed
appropriate to enhance areas outside the public right-of-way or to
preserve the integrity of adjacent properties. Internal circulation
shall include the location, nature, extent, construction and design
of internal driveway lanes (including multiple-family access streets),
parking lots, driveways to or through parking lots, and any other
facilities that provide vehicular access to buildings, structures,
and improvements upon a given lot or tract.
2.
The Department shall review and approve the plans for conceptual
compliance with the various codes and ordinances relating to sanitary
sewer laterals and other applicable requirements of the Building and
Plumbing Codes.
3.
Prior to site plan approval, provide a geotechnical report,
prepared by a registered professional engineer licensed to practice
in the State of Missouri, as directed by the Director of Planning.
The report shall verify the suitability of grading and proposed improvements
with soil and geologic conditions and address the existence of any
potential sinkhole, ponds, dams, septic fields, etc., and recommendations
for treatment. A statement of compliance, signed and sealed by the
geotechnical engineer preparing the report, shall be included on all
site plans and improvement plans.
4.
For all procedures (including site plan review), where the City Council does not have final review authority, the City Council or the Mayor shall have the power of review as provided in Section 405.02.200 of this Article.
C.
Site Plan Contents.
1.
For a site plan to be accepted for review, the following information
shall be either placed on the site plan or on a separate sheet accompanying
the plan:
a.
Location map, North arrow, and plan scale.
b.
Zoning district, subdivision name, lot number, dimensions
and area, and zoning of adjacent parcels where different than site.
c.
Name, address, and telephone number of the person
or firm submitting the plan and the person or firm who desires the
review comments forwarded to him/her.
d.
Proposed use of the building and its construction
type and distance from adjacent property lines.
e.
Off-street parking spaces, required and proposed,
including the number, size, and location of those designated for the
handicapped.
f.
Type of sanitary sewage treatment and stormwater
drainage facilities, including retention ponds.
g.
Dimensions of existing and proposed roadway pavement
and right-of-way width for streets abutting the site.
h.
Existing and proposed landscaping, including name
and size of plant material.
i.
Existing and proposed contour lines or elevations
based on mean sea level datum, unless otherwise waived by the Department.
j.
Location and size of existing and proposed freestanding
signs.
k.
Location and identification of all easements (existing
and proposed).
l.
Location and height of all light poles.
m.
Overall dimensions of all buildings and the gross
floor area of each building.
n.
Approximate location of any stormwater detention
facilities, sink holes and springs, silt berms, ponds and other silt
control facilities.
o.
Floor area ratio of proposed development, except
in single-family attached and detached residential developments.
p.
Open space percentage of proposed development.
q.
Tree stand delineation for area to be developed.
2.
Additional information to be placed on the site plan beyond
the requirements listed above may be requested based on a joint review
of the plans by authorized departmental representatives of the City
of Chesterfield.
D.
Review Schedule. Upon verification of compliance with the site plan requirements stated in Subsection (C), the plan shall be reviewed by the Department. A letter shall be forwarded to the person or firm submitting the plan stating the comments of the reviewing Department. Within thirty (30) days from the date on the comment letter, revised plans addressing the listed comments shall be submitted for further review. If revised plans are not submitted within the specified time limit, review of the site plan will be terminated.
E.
Minimum Requirements. The requirements for site plan review
contained in this Section shall apply as the minimum requirements.
Additional requirements may be stated, as necessary, and written into
a policy memorandum.
[CC 1990 § 31-02-10; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Submittal Of Plans.
1.
After passage by the City Council of an ordinance authorizing
the establishment of a planned district or a special procedure and
requiring submission of a site development plan or site development
concept plan, such plans shall be submitted in accord with the provisions
of the site's governing planned district or special procedure and
all provisions of this Article. No building permits or authorization
for improvement or development for any use requested under provisions
of this UDC shall be issued prior to approval of such plans.
2.
Plans shall be submitted to the Planning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the planned district or approval of the special procedure, and further, shall comply with provisions of the subdivision requirements in Section 405.02.110 of this Article and all other applicable City codes.
3.
Prior to site development plan approval, provide a geotechnical
report, prepared by a registered professional engineer licensed to
practice in the State of Missouri, as directed by the Director of
Planning. The report shall verify the suitability of grading and proposed
improvements with soil and geologic conditions and address the existence
of any potential sinkhole, ponds, dams, septic fields, etc., and recommendations
for treatment. A statement of compliance, signed and sealed by the
geotechnical engineer preparing the report, shall be included on all
site development plans and improvement plans.
4.
At a minimum, all site development plans and site development section plans shall provide all required information as detailed in the site plan contents, Section 405.02.090(C) of this Article.
5.
Within sixty (60) days of approval, the site development plan
or site development concept plan shall be recorded with the St. Louis
County Recorder of Deeds and thereby authorize development as depicted
thereon, with a copy to be filed with the City of Chesterfield.
6.
In the case of single-lot/multiple-building developments or
multiple-lot developments where a site development concept plan is
required, site development section plans shall be submitted to the
Department for review and approval per individual building, lot, phase,
or plat representing a portion of the site development concept plan.
The approved plans shall be kept on file with the Department.
B.
Amendment To The Recorded Site Development Plan Or Site Development
Concept Plan. To amend the recorded site development plan or site
development concept plan approved for the planned district or special
procedure:
1.
The property owner or authorized representative shall submit
an amended site development (or concept) plan to the Department for
review. The Department shall then evaluate the request for consistency
in purpose and content with the nature of the proposal as originally
advertised for public hearing, and the preliminary development plan
approved by the City Council.
2.
If the Department determines that the proposed amendment to
the site development (or concept) plan is major in nature and is not
in conflict with the original proposal as advertised and the approved
preliminary development plan, and meets all conditions of the planned
district ordinance or special procedure approval, said plan shall
be reviewed and approved by the Planning Commission. Said amended
plan shall be recorded with the St. Louis County Recorder of Deeds
within sixty (60) days of Commission approval, with a copy to be filed
with the City of Chesterfield.
3.
If the Department determines that the proposed amendment to
the site development (or concept) plan is minor in nature and is not
in conflict with the original proposal advertised and the preliminary
development plan, and meets all conditions of the planned district
ordinance or special procedure approval, the Department may approve
said amended plan. Said plan shall be retained on file by the Department.
4.
If the Department determines that the proposed amendment to the site development (or concept) plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed site development (or concept) plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 405.02.030, Procedure For Amending Zoning District Boundaries Or Classifications Of Property.
5.
All amendments to site development (or concept) plans shall
be recorded with the St. Louis County Recorder of Deeds within sixty
(60) days of Planning Commission approval, with a copy to be filed
with the City of Chesterfield.
6.
The Planning Commission may approve partial amended site development
plans, site development concept plans, and site development section
plans for developments approved prior to enactment of this UDC even
though the conditions of the ordinance governing such planned district
or special procedure do not permit the review of development plans
in accord with the provisions of this Section. Such partial amended
plans shall be recorded with the St. Louis County Recorder of Deeds
within sixty (60) days of Commission approval, with a copy to be filed
with the City of Chesterfield.
C.
Amendment To Site Development Section Plan. To amend a site
development section plan approved for a planned district or special
procedure:
1.
If the Department determines that the proposed amendment to
the site development section plan is not in conflict with the approved
site development concept plan and meets all conditions of the planned
district ordinance or special procedure approval, the Department may
approve said amended plan. Said plan shall be retained on file by
the Department.
2.
If the Department determines that the proposed amendment to
the site development section plan is not consistent in purpose and
content with the approved site development concept plan, the Department
shall so report to the applicant and the Planning Commission. The
Planning Commission shall then review the proposed amended site development
section plan and make a final determination.
D.
Appeal To Commission Of A Decision By The Department In Reviewing
Development Plans. The petitioner/developer may appeal a decision
by the Department in cases where the Department is authorized to review
development plans to the Planning Commission. The petitioner shall
have a fifteen-day period in which to file a written appeal and plan
with the Commission. The written appeal, stating the reasons for the
appeal, shall be submitted to the Department. The Commission will
make the final determination of the matter. No exceptions will be
granted that are in violation of the particular ordinance governing
the development plan.
[CC 1990 § 31-02-11; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Administration. The Department may adopt, amend, and publish
rules and instructions within the intent of this Article for the administration
of this Article to the end that the public be informed and that approval
of plats be expedited.
B.
Approval Of Subdivision Plats. Every subdivision and resubdivision
of land within the City of Chesterfield shall be shown upon a plat
and submitted to the Department for its approval or disapproval. All
final plats, with the Department's approval or disapproval endorsed
thereon, shall be submitted to the City Council for its consideration
and approval or disapproval. No plat shall be recorded in the Office
of the Recorder of Deeds unless and until as provided for in this
Article. No lot subject to this Article shall be sold unless first
established by provisions of this Article. No building permit shall
be issued for construction on a parcel or lot created in violation
of this Article.
C.
Parcels Of Land Recorded Without Required Approvals. The owner of a lot or parcel of land created prior to the adoption date of this UDC in violation of Section 405.02.110(B) of this Article may apply to the Director of Planning for a variance from the subdivision regulations for the construction of any one use allowed in the single-family R zoning districts (R-1 through R-5), or a single-family detached residence in the remaining R Districts (R-6A through R-8). The Director of Planning shall investigate the situation, and finding that: the lot was created by record plat or recorded deed prior to adoption date of this UDC; and but for the failure to comply with this Article, the lot or parcel of land could be developed; and the lot or parcel of land was acquired by the present owner for a valuable consideration and in ignorance of the requirements of this Article; and had proper application been made at the time of the creation of the lot, approval would have been given for lot size and frontage; shall forward the findings to the City Council which may by order grant the variance upon such terms and conditions as will most equitably preserve the purpose and intent of this Article.
D.
Sketch Plan.
1.
Sketch Plan Contents. Prior to submitting a preliminary plat
for the subdivision of land within the City of Chesterfield, a developer
may submit to the Department a sketch plan for the tract which shall
include the following information, all of which may be based on sources
of information other than field survey data:
a.
The location of the tract in relation to the surrounding
area.
b.
The approximate location of all existing structures
within the tract proposed to be retained and wooded areas within the
tract and within one hundred (100) feet thereof.
c.
The names of the owners of all property adjoining
the tract as disclosed by the most recent assessor's record.
d.
All existing streets, roads, and approximate location
of wet and dry weather watercourses, floodplain areas, sink holes,
and other significant physical features within the tract and within
one hundred fifty (150) feet thereof.
e.
Approximate location of proposed streets and property
lines.
f.
A rough sketch of the proposed site plan.
g.
A North arrow and scale.
h.
Direction of and approximate distance to nearest
existing major street intersection.
i.
Approximate location of any historical building
within the boundary tract, as identified by the St. Louis County Historic
Building Commission or the Chesterfield Historic and Landmark Preservation
Committee.
2.
Department Review And Report. The Department shall review and
evaluate the sketch plan as soon as practicable and shall report to
the developer its opinion as to the merits and feasibility of the
improvements contemplated by the sketch plan.
3.
In the event a developer elects not to submit a sketch plan,
all information contained thereon shall be submitted on or with the
preliminary plat.
E.
Preliminary Plat.
1.
Preliminary Plat Contents. The developer shall prepare and submit
to the Department such number of copies of a preliminary plat of the
tract as shall be required. Such preliminary plat shall be submitted
after receipt of the Department's report on the sketch plan, if a
sketch plan was submitted. The preliminary plat shall be any scale
from one (1) inch equals twenty (20) feet through one (1) inch equals
two hundred (200) feet, so long as the scale is an increment of ten
(10) feet and shall contain the following information:
a.
All information required in Section 405.02.110(D)(1), Sketch Plan Contents, if no sketch plan has been submitted.
b.
A key map showing the tract and its relation to
the surrounding area.
c.
A North arrow and graphic scale.
d.
The name proposed for the tract or such part thereof
as is proposed to be subdivided, which shall be original and not a
duplication of the name of any previously recorded subdivision or
development in the City of Chesterfield. The developer shall include
a certification from the Recorder of Deeds Office of St. Louis County
to this effect.
e.
The date of plan submission to the Department and
the following names and addresses:
f.
The approximate area of the tract stated in tenths
of an acre.
g.
Sufficient existing and proposed contour data to
indicate the slope and drainage of the tract and the high and low
points thereof. Contour data shall extend one hundred fifty (150)
feet beyond the limits of the subdivision boundaries. United States
Geological Survey data is required.
h.
The location of existing and proposed property lines,
watercourses, sink holes, areas within the tract subject to inundation
by stormwater, railroads, bridges, culverts, storm sewers, sanitary
sewers, easements of record, existing buildings, including use or
other identified improvements that are to remain, and significant
natural features, such as wooded areas and rock formations.
i.
The location of existing and proposed streets, including
additional right-of-way along existing streets as required in Article
04 of this UDC.
j.
The results of any tests made to ascertain subsurface
rock and soil conditions and the water table.
k.
The zoning district, including delineation of Floodplain
Zoning District, if any, and the township, range, section, and United
States Survey, school district, fire district, water company, and
other special districts in which the tract is located.
l.
Any proposed alteration, adjustment, or change in
the elevation or topography of any area in a Floodplain Zoning District
or shown on the Federal Emergency Management Agency's (FEMA) Flood
Boundary and Floodway Maps.
m.
Approximate area in square feet of minimum and maximum
size of lots if less than one (1) acre in area, and in acres and tenths
of acres if one (1) acre or more in area, into which the tract is
proposed to be subdivided.
n.
Indicate approximate location of existing and proposed
sidewalks and pedestrian walkways.
o.
Indicate proposed building lines and setback requirements.
p.
Proposed type of treatment or method of sewage disposal
to include name of trunk line, lateral or qualified sewage treatment
system, where applicable.
q.
If the developer intends to subdivide any portion
of the parcel into a multiple dwelling unit subdivision or a subdivision
being developed under a special procedure section of the UDC, then
the preliminary plat shall, in addition, include the following data:
r.
A certification by registered land surveyor or engineer
who prepared the plat that the plat is a correct representation of
all existing and proposed land divisions.
s.
Fire district comments must be received prior to
preliminary plat approval for developments that have a single ingress
and egress, and where variances are requested for pavement width reduction,
maximum cul-de-sac length and number of units or lots served on a
cul-de-sac.
2.
Parcels Within A Floodplain. Development of parcels within the
floodplain shall require approval of a floodplain study in accord
with The FP Floodplain Overlay District in Article 03 of this UDC.
3.
Special Procedures Developments. In the case of any subdivision
developed under any special procedures in the UDC, which require the
submission of development plans to the Department or the Director
of Planning for review or approval, a concept plan required by the
UDC shall include all information required on a sketch plan, and may
be used therefor. A development section plan required by the UDC shall
comply with all requirements of this Article for a preliminary plat
and may be used therefor.
4.
Department Review. The Department shall review the preliminary
plat with regard to requirements described in this Article as soon
as practicable and:
a.
If the plat is satisfactory, the Director of Planning or his/her authorized representative shall thereupon affix a notation of approval, date of approval, and his/her signature on the plat, denoting satisfactory compliance with the requirements of this Article. The plat shall be returned to the developer who may then proceed in compliance with Section 405.02.110(N) of this Article.
b.
If the preliminary plat is unsatisfactory, the Department
shall give notice to the submitting party in writing, setting forth
the conditions causing the disapproval, and the unsatisfactory conditions
shall be remedied prior to further consideration by the Department.
c.
Whenever a preliminary plat includes a proposed
establishment of common land, and the Department finds that such land
is not suitable for common land due to terrain, benefit to a small
portion of the lot owners, difficulty of maintenance, or any similar
reason, the Department may either refuse to approve such an establishment,
or it may require the rearrangement of the lots in the proposed subdivision
to include such land.
d.
The approval by the Department of the preliminary
plat shall be valid for a period of two (2) years from the date of
approval or such longer period as the Director of Planning may determine
to be advisable if, after review by the Department, such longer period
is necessary to facilitate adequate and coordinated provisions for
transportation, water, sewerage, schools, parks, playgrounds, or other
public requirements. If no record plat of a subdivision of any part
of the tract for which a preliminary plat has been approved is recorded
within the two-year period, or such longer period as the Director
of Planning shall permit, a resubmission and review thereof by the
Department may be required.
F.
Record Plat.
1.
Applicability And Exceptions. The record plat shall substantially
conform to the preliminary plat. A record plat shall delineate all
developed lots created by the plat except as follows. If a record
plat does not include all property in an approved preliminary plat,
or all remaining property where previous record plats of a portion
of the subdivision have been recorded:
a.
In a single-family or multiple-family subdivision,
no property may be omitted:
(1)
If a resulting tract is less than ten (10) acres
in area or any resulting side of an omitted tract is less than three
hundred (300) feet in length, unless such a side is the original boundary
of the original legally existing tract. Until subdivided, such omitted
tract is a developable lot, on which no more than one (1) residence
may be constructed; or
(2)
Unless the development is a density development
or planned unit development, in which case the omitted property is
not developable and does not constitute a lot of record for any purpose
under this Article until included in a record plat.
b.
In a non-residential subdivision, omitted property
is not developable and does not constitute a lot of record for any
purpose under this Article until included in a record plat.
2.
Multiple-Family Subdivision Record Plats.
a.
A multiple-family subdivision tract may be developed
in two (2) or more phases, which shall be clearly indicated on the
record plat. The record plat for each phase shall include all previous
phases and a reference to the book and page of their recording, and
all future phases. Areas designated as future phases need not indicate
easements or parking and drive locations, and are not developable
until such phases are recorded. Improvement plans and installation
or guarantee of improvements are not required for areas designated
as future phases, except that the Department may require such improvements
as are necessary to serve the phase proposed for present development.
b.
Multiple-family subdivision record plats, or the
phase proposed for present development of multiple-family tracts to
be developed in phases, shall establish all necessary easements and
parking and drive locations. The plat shall contain script restricting
parking and drive areas to such purposes.
3.
Record Plat Procedure.
a.
The record plat shall be on tracing cloth, drafting
film, or the equivalent, together with copies of any deed restrictions
which are required by ordinance, where such are too lengthy to be
shown on the plat, and shall be submitted to the Department for its
approval.
b.
A copy of the plat should be submitted to the City
of Chesterfield for review and comment. Script corrections can be
made after approval by City Council, but prior to recording. Upon
approval of the final plat by the City Council, the Director of Planning
shall place a signature on the plat with the date of such approval.
4.
Time Period For Filing. The record plat shall be filed with
the Recorder of Deeds within sixty (60) days after approval by the
City Council. If any record plat is not filed within this period,
the approval shall expire.
5.
Scale And Size. The record plat shall be prepared by a registered
land surveyor, at any scale from one (1) inch equals twenty (20) feet
to one (1) inch equals one hundred (100) feet in any increments of
ten (10) feet from an accurate survey on one (1) or more sheets whose
maximum dimensions are thirty-six (36) inches by forty-two (42) inches.
In certain unusual instances where the subdivided area is of unusual
size or shape, the Department may permit a variation in the scale
or size of the record plat. If more than one (1) sheet is required,
a key map on Sheet No. 1 showing the entire subdivision at reduced
scale shall be provided if required by the Department.
6.
Execution. The record plat shall be executed by the owner and
lienors.
7.
Record Plat Contents. The record plat shall show and be accompanied
by the following information:
a.
North arrow and graphic scale.
b.
The boundary lines within the outboundary lines
of the subdivision with accurate distances and bearings; also all
sections, United States Survey and congressional township and range
lines; and the boundary lines of municipalities, sewers, schools,
and other legally established districts within and the name of or
description of any of the same adjacent to or abutting on the subdivision.
c.
The lines of all proposed streets and alleys with
their widths and names.
d.
An accurate delineation of any property offered
for dedication to public use.
e.
The line of departure of one street from another.
f.
The boundary lines of all adjoining lands and the
right-of-way lines of adjacent streets and alleys with their widths
and names.
g.
All lot lines and an identification system for all
lots and blocks.
h.
Building lines, including minimum side and rear
yard setbacks on a typical lot and easements or rights-of-way provided
for public or private use, services, or utilities, with figures showing
their dimensions, and listing types of uses that are being provided.
i.
All dimensions and bearings, both linear and angular,
radii and arcs, necessary for locating the boundaries of the subdivision,
blocks, lots, streets, alleys, easements, building lines, and of any
other areas for public or private use. The linear dimensions are to
be expressed in feet and decimals of a foot.
j.
All survey monuments, together with the descriptions.
k.
Area in square feet for each lot or parcel on the
plat or a supplemental sheet showing same.
l.
Name of subdivision and description of property
subdivided, showing its location and area.
m.
Certification by a land surveyor who performed the
property survey to the effect that the plat represents a survey made
by him/her, and that the locations of all required survey monuments,
installed or to be installed, are correctly shown thereon. The month
and year during which the survey was made shall also be shown.
n.
Private restrictions and trusteeships where required
by ordinance and their periods of existence. Should such restrictions
and trusteeships be of such length as to make the lettering of same
on the plat impracticable and thus necessitate the preparation of
a separate instrument, reference to such instrument shall be made
on the plat.
o.
When elderly housing is being developed on site
and a variance has been granted in accordance with this UDC, this
shall be indicated in the title.
p.
The subdivision name approved on record plat shall
constitute the subdivision's official name. When a subdivision name
has been changed, all subsequent plats submitted for processing shall
reference the original name, which should include names recorded on
site development concept and section plans. Any other name used for
advertising or sales purposes does not constitute an official revised
name unless approved on a plat of record approved by the City Council.
q.
If the developer places restrictions on any land
contained in the subdivision that is greater than those required by
this Unified Development Code, such restrictions or references thereto
should be indicated on the plat.
r.
Zoning district, and zoning district boundary line
when the property is located in more than one (1) district, special
procedure or planned district and ordinance numbers or date of order
(density development) when applicable.
s.
Accurately note elevation referring to mean United
States Geological Survey datum for permanent benchmark.
t.
Cumulatively, all record plats shall contain enough
common land to support the lots platted. All remaining common ground
is to be platted with the recording of the final lot, unit, or phase
of the development.
u.
The outboundary corners of the tract is to be tied
into the State Plane Coordinate System in accordance with the Missouri
Minimum Standards for Property Boundary Surveys.
8.
Additional Record Plat Contents If Applicable. Prior to the
Department forwarding the record plat to City Council, the developer
shall provide the Department with the following documents as they
may be applicable:
a.
Guarantee of installation of water mains from St.
Louis County Water Company.
b.
Street lighting contract from Ameren Missouri. Submittal
of contract is optional and is to be accepted in lieu of an increased
value for escrow of actual construction costs.
c.
Verification of street names and addresses from
United States Postal Service-Customer Services Department.
d.
Verification of location of fire hydrants and adequacy
of water supply from applicable fire district.
e.
Tax certificate or copy of paid tax bill from the
Office of the St. Louis County Collector of Revenue.
f.
Highway inspection fees or payment verification
from the City of Chesterfield Director of Planning, St. Louis County
Department of Highways and Traffic of highway inspection fees paid.
g.
Subdivision processing fees.
h.
Any special study or engineering calculations required.
i.
Trust indenture and warranty deed for common land
conveyance, accompanied by a letter of compliance from an attorney.
j.
Letter from sanitary sewer company certifying connection
fees have been paid.
k.
Verification of proper placement of survey monuments
from the Department.
l.
That when a record plat is prepared electronically
and submitted to the City for approval, the digital version of the
plat also be submitted in a format compatible with the City's mapping
software.
G.
Minor Subdivision.
1.
A subdivision shall be considered a minor subdivision if the
division or redivision of land does not establish more than four (4)
lots wherein all the following criteria are met:
a.
That the proposed subdivision of land does not include
an improvement within a street right-of-way, other than concrete sidewalks,
landscaping, monuments, lateral extensions of sanitary and storm sewers,
and water mains. Establishment of a right-of-way only shall not be
construed as an improvement in this Section. However, concrete sidewalks,
landscaping, streetlights, monuments, and water mains shall be required
unless waived. Requirement of any additional improvements or the use
of any special procedure of this UDC shall disqualify the proposed
subdivision from consideration as a minor subdivision.
b.
That the proposed subdivision of land does not include
a provision for common land or recreational facilities.
c.
That the proposed subdivision of land does not adversely
affect, as determined by the Director of Planning, the development
of the parcel proposed for subdivision as well as the adjoining property.
d.
That the proposed subdivision of land is not in
conflict with any provisions of this UDC.
2.
Procedures.
a.
Where a minor subdivision is proposed that fronts
on an existing City- or County-maintained road that is proposed for
widening improvements as determined by the Department, the developer
may request to have waived the submission of improvement plans for
the construction of sidewalks which involve extensive grading, steep
topography, or other unusual conditions which would prohibit construction,
verified by the Department and, in lieu thereof, post bond or escrow
to insure that the sidewalks will be installed as part of the street-widening
improvement. The bond or escrow agreement shall have a twenty-five-year
term.
b.
The Director of Planning may waive without a variance request the requirement of submission of all other plans except the record subdivision plat. However, in such cases, pertinent data as required by the Department and set forth in Section 405.02.110(E) of this Article shall be submitted to the Department for review.
c.
If the requirement of submission of all other plans except the record subdivision plat has not been waived, improvement plans for sidewalks may be required and shall be submitted for review and approval in accord with provisions of Section 405.02.110(N) of this Article. Further, the developer shall prepare and submit to the Department such number of copies of a preliminary plat of the tract as required by Section 405.02.110(E) of this Article.
d.
All requirements of Section 405.02.110(F), Record Plat, shall be likewise required prior to approval of any minor subdivision.
H.
Dwelling Unit Display Plat Procedure.
1.
Purpose. To provide a procedure whereby the construction of
a display house or multiple-family display unit can begin prior to
the recording of the record subdivision plat.
2.
Procedure. After receiving approval of a preliminary plat of
a proposed subdivision from the Department, the developer may submit
a display plat to the Department for review and approval. There may
be two (2) display houses or units for subdivisions proposing fewer
than ten (10) lots or units. Developments containing at least ten
(10) lots or units and not more than sixty (60) lots or units proposed
shall be allowed three (3) display houses. For developments containing
more than sixty (60) lots or units, one (1) additional display house
or unit for every twenty (20) houses or units proposed beyond sixty
(60) will be permitted, not to exceed ten (10) display houses or units.
3.
Display Plat. The display plat shall include a complete outboundary
survey of the proposed subdivisions, and the location of each display
in relation to proposed lots. The script shall comply with the requirements
of the Department, including, but not limited to, the following:
a.
The display plat shall be recorded in the office
of the St. Louis County Recorder of Deeds prior to issuance of a building
permit for any display, with a copy to be filed with the City of Chesterfield.
b.
The display plat shall become null and void upon
the recording of a record plat which establishes that each display
is on an approved lot.
c.
No part of the proposed subdivision may be conveyed,
nor an occupancy permit issued, for any structure therein until the
display house or units have been located on an approved lot.
d.
If initial construction of a display has not commenced
within sixty (60) days, the Department's approval shall lapse and
the display plat shall be null and void.
e.
Lots should be on an approved lot of record within
one (1) year of the display plat's recording or such longer period
as may be permitted by the Director of Planning. If the record plat
is not filed, the then-owner shall remove or cause to be removed all
display houses or units from the property. Failure of the owner to
remove the display houses or units from the property within one (1)
year plus thirty (30) days of date of approval shall constitute the
granting of authority of the City to remove or cause the display houses
or units to be removed, the cost of which shall be borne by the owner
and shall become a lien against the property.
4.
The display plat shall be executed by the owner and lienors.
5.
The display plat shall show the location and number of off-street
parking spaces. Once the display homes are sold, the developer shall
tear down the display parking located on the remaining lot within
thirty (30) days or as directed by the City of Chesterfield.
I.
Lot Split.
1.
No lot split shall be recorded in the office of the Recorder
of Deeds unless and until approved by the City of Chesterfield in
compliance with this Article.
2.
Whenever there is a tract or previously subdivided parcel under single ownership which is to be resubdivided into two (2) lots, and which exists as a legal lot of record, such a division shall be exempt from provisions of Section 405.02.110(B) of this Article, and shall be designated as a "lot split" if the following criteria are met:
a.
That no additional improvements are required that
would necessitate the posting of an escrow or bond, including concrete
sidewalks, water mains, and landscaping within a street right-of-way
dedication. Establishment of a right-of-way only shall not be construed
as an improvement in this Section.
b.
That no provisions for common land or recreational
facilities are included in the proposal.
c.
That the use of the lot split procedure does not
adversely affect the subject parcel or any adjoining properties.
d.
That the proposed lot split is not in conflict with
any provisions of this UDC or any special procedure permit.
e.
No variances are required from this division.
3.
The procedure for approval of a lot split shall be as follows:
a.
Two (2) drawings of a certified survey, prepared
by a land surveyor registered in the State of Missouri on paper not
less than eight and one-half (8 1/2) inches by eleven (11) inches
in size showing the following shall be submitted:
(1)
A legal description of both the original lot and
each of the proposed lots. This must be surveyed and performed by
a registered surveyor.
(2)
North arrow and graphic scale.
(3)
Location of proposed and existing streets and adjoining
property.
(4)
Location of all existing buildings.
(5)
Within their boundaries approval of the St. Louis
County Water Company and the Metropolitan St. Louis Sewer District
shown on the tract drawings.
(6)
Name, address, and telephone number of the owner
of record and copy of the deed of record.
b.
The following items shall accompany the required
survey:
(1)
Filing fee as set forth in Article 09, Fees, of
this UDC.
(2)
Certificate from the office of the St. Louis County
Collector of Revenue showing that there are no delinquent taxes outstanding.
(3)
Verification of fire hydrants and adequacy of water
supply from the applicable fire protection district.
(4)
Verification of proper placement of survey monuments from the City of Chesterfield, or an escrow agreement or land subdivision bond to guarantee installation of survey monuments in accord with Section 405.02.120 of this Article.
c.
The Department shall review the proposed lot split
to insure compliance with all design and improvement requirements
of this UDC. Lot splits found to be in compliance with the above requirements
shall be forwarded to the City Council for its review and approval
and shall be recorded with the Recorder of Deeds of St. Louis County,
with a copy filed with the City of Chesterfield.
J.
Boundary Adjustments.
1.
Purpose. The purpose of this Section is to allow adjustments
to be made to lot lines of platted lots or other lawful parcels for
the purpose of adjusting the sizes of building sites; however, it
is not intended that extensive replatting be accomplished by use of
this Section.
3.
Procedure.
a.
A boundary adjustment may be accomplished by plat
or by deed, but must include an adequate legal description of the
boundaries of the original lots and of the adjusted lots.
b.
The boundary adjustment plat or deed shall be submitted
to the Department for review and approval prior to its recording with
the Recorder of Deeds of St. Louis County, with a copy to be filed
with the City of Chesterfield.
c.
Processing fees as prescribed in Article 09, Fees,
of this UDC shall be filed in conjunction with any boundary adjustment
plat or deed.
4.
Lots In Non-Compliance. Boundary adjustments shall be allowed
for lawful lots existing in non-compliance with minimum area, frontage,
and dimensional requirements of this Article, provided that the resulting
adjustment of lot lines does not increase the degree of non-compliance
with this Article.
K.
Trust Indentures.
1.
In any case where the establishment of common land (including
pedestrian walkways and cul-de-sac islands), private streets, streetlighting,
drainage facilities, such as detention basins and drainage pipe and
ditches, or any other improvement that requires continuous maintenance,
a trust indenture shall be recorded simultaneously with the record
plat. The indenture shall provide for proper maintenance and supervision
by the trustees who are selected to act in accordance with the terms
of such indenture and the applicable provisions of this UDC. For single-lot
developments and developments with no common ground, the Department
may accept script certifying the means of maintenance on the record
plat. Common land shall be conveyed by the owner in fee simple absolute
title by warranty deed to trustees whose trust indentures shall provide
that the common land be used for the benefit, use, and enjoyment of
the lot owners present and future and shall be the maintenance responsibility
of the trustees of the subdivision and that no lot owner shall have
the right to convey his/her interest in the common land except as
an incident of the ownership of a regularly platted lot.
2.
Any trust indenture required to be recorded, or recorded for
the purpose of compliance with provisions of this UDC, shall provide
for not less than the following representation of purchasers of developed
lots among the trustees; one-third (1/3) of the trustees shall be
chosen by purchasers of developed lots after fifty percent (50%) of
the lots have been sold; two-thirds (2/3) of the trustees shall be
chosen by purchasers of developed lots after ninety-five percent (95%)
of the lots have been sold; all of the trustees shall be chosen by
purchasers of developed lots after all of the lots have been sold.
3.
Where the provisions of such a trust indenture cannot be fulfilled
by reason of unfilled vacancies among the trustees, the City Council
may, upon the petition of any concerned resident or property owner
of the subdivision, appoint one (1) or more trustees to fill vacancies
until such time as trustees are selected in accordance with the trust
indenture. Any person so appointed who is not a resident or property
owner within the subdivision shall be allowed a reasonable fee for
his/her services by the order of appointment, which fee shall be levied
as a special assessment against the property in the subdivision, and
which shall not be subject to any limitation on special assessments
contained in the trust indenture or elsewhere.
4.
A trust indenture shall be required for a large lot subdivision
only in the event that common land is contained within the subdivision.
5.
Each trust indenture and warranty deed shall be accompanied
by a written legal opinion from an attorney licensed to practice in
the State of Missouri, setting forth the attorney's legal opinion
as to the legal form and effect of the deeds and trust indenture.
The deeds and indenture shall be approved by the Department and the
City Attorney prior to being filed with the Recorder of Deeds of St.
Louis County simultaneously with the recording of the record plat,
with a copy to be filed with the City of Chesterfield.
6.
Term of indentures for all types of subdivisions, including
planned districts and special procedures, shall be for the duration
of the subdivision. In the event the subdivision is vacated, fee simple
title shall vest in the then lot or unit owners as tenants in common.
The rights of the tenants shall only be exercisable appurtenant to
and in conjunction with their lot or unit ownership. Any conveyance
or change of ownership of any lot or unit shall convey with it ownership
in the common land, and no interest in the common land shall be conveyed
by a lot or unit owner except in conjunction with the sale of a lot
or unit. The sale of any lot or unit shall carry with it all the incidents
of ownership of the common land although such is not expressly mentioned
in the deed; provided, however, that no right or power conferred upon
the trustees shall be abrogated.
L.
Vacation Of Subdivision. The following procedure shall be followed
for the vacation of subdivisions.
1.
Petition. Whenever any person may desire to vacate any subdivision
or part thereof in which he/she shall be the legal owner of all of
the lots or may desire to vacate any lot, such person or corporation
may petition the City Council giving a distinct description of the
property to be vacated and the names of the persons to be affected
thereby.
2.
Filing Fee And Notice. The petition shall be filed together with a filing fee in the sum of two hundred dollars ($200.00) with the Department who shall review and provide comment for said request. Upon completion of review, the Department shall give notice of the pendency of the petition in a public newspaper in the same manner as set forth in Section 405.02.020 of this Article.
3.
City Council Action. If no opposition be made to the petition,
the City Council may vacate the same with such restrictions as it
may deem for the public good. If opposition be made, the petition
shall be set down for public hearing before the City Council.
4.
Initiation Of Vacation By Director Of Planning. If the developer
fails to cure all non-compliance with improvement requirements, the
Director of Planning may initiate proceedings to vacate the undeveloped
portion of the subdivision. For the purpose of this Section, the undeveloped
portion of the subdivision does not include lots which have been sold
or are under bona fide contract for sale to any person for personal
use or occupancy.
M.
Violations And Penalties.
1.
No property description of any subdivision within the jurisdiction
of this UDC shall be entitled to be recorded in the St. Louis County
Office of the Recorder of Deeds or have any validity until it has
been approved in a manner prescribed herein. In the event any such
unapproved property description is recorded, it shall be considered
invalid and the City Attorney may cause proceedings to be instituted
to have such plat or deed declared invalid.
2.
Any person, firm, association, or corporation violating any provisions of this Article, or any employee, assistant, agent, or any other person participating or taking any part in, joining, or aiding in, a violation of any provision of this Article will be subject to the fines and penalties of Section 405.08.040 of this UDC.
3.
In addition to the penalties hereinabove authorized and established,
the City Attorney may take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Article.
N.
Improvement Plans. After the preliminary plat is approved, improvement
plans for the subdivision of all or any part of the tract shall be
submitted for review to the Department.
1.
Applicability. No improvement plans are required for large-lot
subdivisions, unless the streets therein are proposed by the developer
for dedication to the City of Chesterfield. Any alterations of the
common land or improvement within the common land will require the
submission of detailed improvement plans and will be considered a
required improvement.
2.
Non-Residential Subdivision. The non-residential developer may submit improvement plans after the preliminary plat is approved on part of the non-residential subdivision only, and the review of the partial improvement plans shall be as though they were being submitted in their entirety for the complete subdivision, so that the non-residential developer may proceed with the construction and installation of the necessary improvement to a specific industrial site. The land subdivision bond or escrow agreement guaranteeing the installation of the improvements as set forth in Section 405.02.120 of this Article shall cover only that portion of the subdivision improvements required to serve the specific industrial site, and the record plat for such an industrial site shall be approved by the Department in accordance with the terms set forth in Section 405.02.120 of this Article as though improvement plans submitted covered the entire installation of the applicable improvements.
3.
Improvement Plan Contents.
a.
The plans, which detail the construction and types
of materials to be used in conjunction with the development of the
subdivision, shall be prepared by a registered professional engineer.
b.
Improvement plans shall be prepared on an exhibit
not to exceed twenty-four (24) inches by thirty-six (36) inches and
shall contain the following information:
(1)
Title page, which shall include key map showing
the relationship of the area to be subdivided to the tract and which
shall reflect areas of the tract previously subdivided plus adjacent
streets. In addition, the name, address, and telephone number of the
developer and engineering firm, as well as a registered professional
engineer's seal, should be indicated.
(2)
North arrow and graphic scale shall be indicated
on each plan sheet.
(3)
One (1) or more benchmarks, in or near the subdivision,
to which the subdivision is referenced. The identity and elevation
shall be based on United States Geological Survey datum.
(4)
List of the standards and specifications followed,
citing volume, section, page, or other references.
(5)
Grading and paving details conforming to the City
of Chesterfield standard specifications and requirements.
(6)
Details of streets, including location and width
of all proposed public or private rights-of-way and private roadway
easements, existing and proposed sanitary sewers, drainage channels,
swales, storm sewers, including adequate natural discharge points,
detention facilities, and silt control measures.
(7)
Plans and profiles of streets and sewers, scale
not less than one (1) inch equals fifty (50) feet horizontal and one
(1) inch equals ten (10) feet vertical.
4.
Improvement Plan Procedures. The procedure for reviewing improvement
plans shall be as follows:
a.
Subdivisions within the operating limits of MSD:
There shall be submitted copies of paving and street grade plans,
together with drainage maps and runoff sheets for stormwater, and
sanitary sewer plans. The plans may be reviewed concurrently by the
Department (for review of sanitary laterals and private sanitary mains)
and MSD. The Missouri Department of Natural Resources shall be included
as one of the reviewing agencies when:
(1)
The tract to be developed is located within the
operating limits of a private sewer company, other than MSD; or
(2)
If the tract to be developed requires a sanitary
treatment facility. Corrections or additions shall be made, if required.
Complete approval of the plans by all reviewing agencies and payment
of inspection fees constitute authority to proceed with construction
of improvements necessary to serve the development.
b.
Subdivisions not within the limits of MSD: There
shall be submitted the required number of paving and street grade
plans, together with drainage maps and runoff sheets for stormwater.
The plans may be reviewed concurrently by the Department and the Missouri
Department of Natural Resources. Corrections or additions shall be
made, if needed. When the plans are satisfactory to those agencies
reviewing same, they shall then be submitted for review and verification
by the Department. Complete approval of the plans by all reviewing
agencies and payment of inspection fees constitute authority to proceed
with construction of improvements necessary to serve the development.
5.
Time Period For Approval Validity. Approval of the improvement
plans by the respective agencies described above shall be valid for
a period of two (2) years from the date of approval, or for such longer
period as the Director of Planning may determine to be advisable if
after review by the Department such longer period is necessary to
facilitate adequate and coordinated provisions for transportation,
water, sewerage, schools, parks, playgrounds, or other public requirements.
If the construction of the improvements shall not have been completed
within the two-year period or such longer period as the Director of
Planning may permit, a resubmission of the improvement plans to the
appropriate agencies may be required by the Department.
6.
As-Built Drawing Of Subdivision Improvements. After the sanitary
sewers, storm sewers, sidewalks, and pavement have been constructed
and installed, but before the inspecting agencies recommend final
approval or acceptance, the developer shall submit the required number
of as-built drawings of the above improvements.
[CC 1990 § 31-02-12; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 2924 § 1, 12-5-2016]
A.
Completion Guarantee By Developer. After the improvement plans
have been substantially completed and all inspection fees and review
fees paid, but before approval of the record subdivision plat, the
developer shall guarantee the completion of required improvements.
The developer shall either:
[Ord. No. 3241, 6-20-2023]
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the appropriate inspection
agency; or
2.
Deposit cash under an escrow agreement or post a land subdivision
bond or provide the appropriate surety as set forth in this UDC to
guarantee the construction, completion, and installation of the improvements
shown on the approved improvement plans within the improvement completion
period approved by the Director of Planning, which shall not exceed
two (2) years. The land subdivision bond or escrow agreement or other
required surety shall be prepared and executed on forms furnished
by the Department and shall be submitted to the City Council for approval
or disapproval after review and approval by the Director of Planning
and the City Attorney.
3.
For plats approved after the effective date of this UDC, no
guarantee or deposit is required with the City for sanitary and storm
sewers within the jurisdiction of MSD if MSD confirms that its requirements
for assurance of completion are satisfied. This provision shall not
affect the intent or enforcement of any existing guarantee, escrow
or renewal, extension or replacement thereof.
4.
The Director of Planning may require any specific improvement
to be installed prior to approval of the record plat where failure
to install such improvement prior to further development could result
in damage to the site or surrounding properties.
5.
Following approval of the guarantee or deposit, the Director
of Planning shall administer the guarantee in accordance with Section
89.410, RSMo., and City Code, including replacement of such agreements
and guarantees.
6.
The City shall not permit or accept the posting of any bond
issued or proposed to be issued by a surety or an affiliate of a surety
which has, in the preceding ten (10) years, refused to pay upon formal
demand all or part of a claim of the City on any other surety bond.
Any individual, corporation or property owner aggrieved by this Section
may appeal to the City Council to request the City to accept the posting
of such bond. The City Council may consider whether the refusal to
pay resulted in litigation, mediation or arbitration of the claim,
whether the claim was wholly or partially determined in favor of the
City, whether the prior refusal to pay was settled between the City
and surety or any other hardship evidence presented by the individual,
corporation or property owner. In no instance shall a bond be accepted
from a surety while in litigation, mediation or arbitration with the
City
7.
The City shall not accept the posting of any bond issued or proposed
by any surety or an affiliate who has refused to pay upon formal demand
of the City or been involved in any litigation pertaining to said
failure to pay within the past ten (10) years as of the effective
date of this Section of the UDC.
B.
Deposit Options. Deposits required by this Article shall be
in conjunction with a deposit agreement and may be in the form of
cash or letter of credit as follows:
1.
Deposit Agreements. Deposit agreements shall provide that there
shall be deposited with the City of Chesterfield a cash amount by
escrow or surety not less than the Department estimate of the cost
of the construction, completion, certifications and installation of
the required improvements indicated on approved improvement plans.
2.
Cash deposited with the City Director of Finance to be held
in an interest bearing account dedicated for that purpose, with all
interest accruing to the City to offset administrative and other costs
of maintaining the cash deposits.
3.
An irrevocable letter of credit drawn on a local financial institution
acceptable to and in a form approved by the City Attorney and the
Director of Planning. The instrument may not be drawn on any financial
institution with whom the developer or a related entity has any ownership
interest or with whom there is any joint financial connection that
creates any actual or potential lack of independence between the institution
and the developer. The letter of credit shall be with a local banking
institution in the Greater St. Louis Metropolitan Area of Missouri
and not Illinois. The letter of credit shall provide that the issuing
institution will pay on demand to the City such amounts as the City
may require to fulfill the obligations herein and may be reduced from
time to time by a writing of the Director of Planning (the Director)
or their designee. The letter of credit shall be irrevocable for at
least two (2) years and shall state that any balance remaining at
the expiration, if not renewed, shall automatically be deposited in
cash with the Director of Finance, unless a new letter of credit is
issued and agreed to by the City or the City issues to the institution
a written release of the obligations for which the letter of credit
was deposited. The developer shall pay a non-refundable fee of two
hundred dollars ($200.00) to the City with submission of a letter
of credit and one hundred dollars ($100.00) for any amendment or extension
thereto to partially reimburse the City's administration and review
costs in accepting and maintaining such letter of credit.
4.
Certificates of deposit, treasury bill, or other readily negotiable
instruments, the type of which has been approved by the Department,
endorsed to the City and the cash value of which shall be in an amount
not less than the amount specified by the Department in its estimate
of the cost of the improvements and/or maintenance as reflected by
the approved improvements plan.
C.
Amount Of Deposit. The amount of the deposit required by this
Article shall be calculated as follows:
1.
Construction Deposit. The deposit required of a developer establishing
a deposit agreement pursuant to this Section shall be, in addition
to the separate maintenance deposit sum, in the amount of one hundred
ten percent (110%) of the Department estimate of the cost of the construction,
completion and installation of the required improvements. The Director
of Planning shall adopt, to the extent practical, schedules reflecting
current cost estimates of typically required improvements.
2.
Maintenance Deposit. The deposit required of a developer pursuant
to this Section for maintenance obligations shall be in the amount
of ten percent (10%) of the Department estimate of the cost of the
construction, completion and installation of all required improvements.
The maintenance deposit shall be established by cash sum or submission
of a separate letter of credit.
3.
Where certain improvements are installed and approved by the City prior to approval of the record plat pursuant to Subsection (A)(1), the gross amount for the construction deposits shall be reduced by the estimated cost of such improvements.
4.
Other Sureties As Established In This UDC. The deposit required
of a developer for any and all other required sureties pursuant to
this Section shall be as set forth in the applicable Section of this
UDC.
D.
Deposit Agreement — Releases. The deposit agreement shall
be entered into with the City of Chesterfield, and shall require the
developer to agree to fulfill the obligations imposed by this Article,
and shall have such other terms as the City Attorney may require consistent
with this Article. The agreement shall authorize the Director (or
designee) to release the cash or reduce the obligation secured under
the letter of credit as permitted herein. Such releases or reductions
may occur upon completion, inspection and approval by the Director
of all required improvements within a category of improvements, or
may occur from time to time, as work on specific improvements is completed,
inspected and approved; provided, however, that:
1.
Releases — General. The Director shall release the cash
or release the letter of credit as to all or any part of its obligation
only after construction, completion and installation of some phase
of work on the improvements indicated on the approved improvement
plans, receipt of requisite written notification from the appropriate
inspecting public authority, and approval by the Department; and only
in the amounts permitted herein.
2.
Extension Of Completion Period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the Director may grant an extension to the improvement completion period for a period of up to one (1) year if after review by the Department such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other required improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; provided, that the Director may require as a condition of the extension completion of certain items, execution of a new agreement, recalculation of deposit amounts, satisfaction of new code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of Section 405.02.120 of this Article.
3.
Construction Deposit Releases. After an inspection of any specific
improvements, the Director may at their discretion release no more
than ninety-five percent (95%) of the original sum deposited for the
construction of such specific required improvements. Irrespective
of any discretionary prior releases that may be authorized by the
Director after completion of any component of the guaranteed improvements
(i.e., less than all of the improvements in a given category), the
remaining amount held for any category of improvements for the entire
subdivision shall be released within thirty (30) days of completion
of all of the improvements in such category of improvement, minus
a retention of five percent (5%) which shall be released only upon
completion of all improvements for the subdivision. The Director shall
establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of deposit
amounts, but such categories, components, and line items shall in
no way modify or reduce the developer's guarantee as to all required
improvements, irrespective of any release or completion of any category,
or underlying component or line item. All improvements in a category
shall be deemed complete only when:
a.
Each and every component and line item within a
category for the entire subdivision has been constructed and completed
as required;
b.
The developer has notified the Director in writing
of the completion of all components of the category, provided all
necessary or requested documentation, and requests an inspection;
c.
The developer is not in default or in breach of
any obligation to the City under this Article, including, but not
limited to, the Director's demand for maintenance or for deposit of
additional sums for the subdivision;
d.
The inspection has been completed and the results
of the inspection have been approved, in writing, by the Director;
and
e.
The developer has paid any sums due related to the
project.
|
Releases of the maintenance deposit amounts shall be as provided
elsewhere in this Article for maintenance deposits.
|
4.
Releases Of Other Sureties As Established In This UDC. The release
procedure for any and all other sureties required of a developer pursuant
to this Section shall be as set forth in the applicable Section of
this UDC.
5.
Effect Of Release — Continuing Obligations. The developer
shall continue to be responsible for defects, deficiencies and damage
to streets and other required improvements during development of the
subdivision. No inspection approval or release of funds from the construction
deposit as to any component or category shall be deemed to be City
approval of improvement or otherwise release the developer of its
obligation relating to the completion of the improvements until the
final subdivision release on all improvements and maintenance is issued
declaring that all improvements have in fact been constructed as required.
Inspection and approval of any or all required improvements shall
not constitute acceptance of the improvement by the City as a public
improvement for which the City shall bear any responsibility.
6.
Deficient Improvements. No approval of required improvements
shall be granted for improvements that fail to meet the specifications
established herein or otherwise adopted by the Department or City
Council.
7.
Final Construction Deposit Release. Upon final inspection and
approval of all required improvements, the remaining amount of the
construction deposit shall be released; provided, that no such funds
shall be released on a final inspection until the development of the
subdivision is complete, as determined by the Director. Completion
is when the particular item has had all documentation and certification
filed in a complete and acceptable form, the specific items have been
inspected, all identified deficiencies have been corrected and the
work has been approved by the City.
8.
Appeals. If the developer believes that a release or certificate
of completion has been improperly denied, including, but not limited
to, under this Section, an appeal shall be filed pursuant to the Board
of Adjustment, and no such denial shall be deemed final until such
appeal procedure has been exhausted.
E.
Maintenance Guarantee.
1.
Scope And Duration. Upon commencement of installation of the
required improvements within the subject subdivision, the developer
shall be responsible for the maintenance of the improvements, including,
but not limited to, undeveloped lots, streets, sidewalks, trees, common
areas, erosion and siltation control, and storm and drainage facilities,
until expiration of twelve (12) months after occupancy permits have
been issued on eighty percent (80%) of all of the lots in the subdivision
plat(s), or twelve (12) months after completion of the subdivision
and acceptance/approval of all required improvements by the City,
whichever is longer, subject to the deposit agreement. Maintenance
shall include repair or replacement of all defects, deficiencies and
damage to the improvements that may exist or arise, abatement of nuisances
caused by such improvements, removal of mud and debris from construction,
erosion control, grass cutting, removal of construction materials
(except materials to be used for construction on the lot or as permitted
by site plan), and snow removal. All repairs and replacement shall
comply with City specifications and standards. Any maintenance on
improvements accepted by the City for public dedication shall be completed
under the supervision of and with the prior written approval of the
Director. The maintenance obligation for required improvements to
existing public roads or other existing public infrastructure already
maintained by a public governmental entity shall terminate on and
after the date such improvements have been inspected, deposit released,
and accepted by the City or appropriate agency for dedication. Irrespective
of other continuing obligations, the developer's snow removal obligations
shall terminate on the date a street is accepted by the City for public
maintenance. The maintenance requirements and procedures for improvements
guaranteed by any and all other sureties required of a developer pursuant
to this Section shall be as set forth in this UDC.
2.
Maintenance Deposit — Amount — Use.
a.
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection (G) and other remedies of this UDC, shall be subject to the immediate order of the Director to defray or reimburse any cost to the City of maintenance or repair of improvements related to the subdivision which the developer fails or refuses to perform. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the Director shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City, or its agents. Where the amount of maintenance deposit remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance, the Director shall have the authority to require the maintenance deposit to be replaced or replenished by the developer in any form permitted for an original deposit.
b.
In determining the amount of maintenance deposit
that shall continue to be held, portions of the deposit amount that
were attributable to improvements that have been accepted by any third-party
governmental entity or utility legally responsible for the maintenance
of the improvement may be released upon such acceptance of the improvement
by the entity. The Director may approve such further releases if it
is determined in his/her discretion, after inspection of the improvements,
that the total maintenance amount retained is clearly in excess of
the amount necessary for completion of the maintenance obligation,
after all reasonable contingencies are considered.
3.
Final Maintenance Deposit Release. Upon expiration of the maintenance
obligations established herein, the Director shall cause a final inspection
to be made of the required improvements. Funds shall then be released
if there are no defects or deficiencies found and all other obligations,
including payment of all sums due, are shown to be satisfied on inspection
thereof, or at such time thereafter as any defects or deficiencies
are cured with the permission of, and within the time allowed by,
the Director. This release shall in no way be construed to indemnify
or release any person from any civil liability that may exist for
defects or damages caused by any construction, improvement or development
for which any deposit has been released.
F.
Acceptance And Final Approval. Before the developer's obligation
to the City of Chesterfield is terminated, all required improvements
shall be constructed under the observation and inspection of the inspecting
agency and accepted for maintenance or given final approval by the
City of Chesterfield.
G.
Failure To Complete Improvements.
1.
The obligation of the developer to construct, complete, install
and maintain the improvements indicated on the approved improvement
plans and provide for street maintenance shall not cease until the
developer shall be finally released by the Director, nor shall any
deposit agreements or obligations hereunder be assignable by developer.
If, after the initial improvement completion period, or after a later
period as extended pursuant to this Section, the improvements indicated
on the approved improvement plans are not constructed, completed,
installed, accepted and maintained as required, or if the developer
shall violate any provision of the deposit agreement, the Director
may notify the developer to show cause within not less than ten (10)
days why the developer should not be declared in default. Unless good
cause is shown, no building or other permit shall be issued to the
developer in the subdivision during any period in which the developer
is in violation of the deposit agreement or subdivision code relating
to the subdivision. If the developer fails to cure any default or
present compelling reason why no default should be declared, the Director
shall declare the developer in default and may take any one (1) or
more of the following acts:
a.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion or maintenance of the improvements indicated
on the approved improvement plans after recalculation in order to
allow for any inflated or increased costs of constructing, maintaining,
or redesign of the improvements;
b.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City to be then placed in an appropriate trust
and agency account subject to the order of the Director for such purposes
as letting contracts to bring about the completion or maintenance
of the improvements indicated on the approved improvement plans or
other appropriate purposes in the interest of the public safety, health
and welfare; or
c.
Require the developer or surety to pay to the City the balance of
the deposit not therefor released.
2.
The failure of a developer to complete the improvement obligations
within the time provided by the agreement (or any extension granted
by the City), including the payment of funds to the City due to such
failure, or an expiration of a letter of credit, shall be deemed an
automatic act of default entitling the City to all remedies provided
in this Section without further or prior notice. It shall be the sole
responsibility of the developer to timely request an extension of
any deposit agreement if the improvements are not completed in the
original time period provided by the deposit agreement, or extension
granted by the City. No right to any extension shall exist or be assumed.
H.
Other Remedies For Default. If the developer or surety fails
to comply with the Director's requirements for payment as described
above, fails to complete the improvements as required or otherwise
violates the deposit agreement provisions, the Director may in addition
or alternatively to other remedies:
1.
Suspend the right of anyone to build or construct in the subdivision
by issuance of a stop-work order (SWO). Issuance of a SWO shall result
in a suspension of all construction activity on the site, until the
cause is resolved to the City's satisfaction. The SWO shall also suspend
the right of the permittee, applicant, owner, contractor, developer
or any related entity to build or construct any structure or public
improvement on any portion of the site. The Director of Public Works
and the Director of Planning, upon the issuance of a SWO, are authorized
to suspend the issuance of building permits and occupancy permits
for structures on any portion of the site, and to suspend all inspections
and plan review related to any work on the site, until such time as
the cause is resolved to the City's satisfaction. SWOs shall specifically
state the provisions of this Article being violated. Any person who
shall continue any work in or about the site after a SWO has been
posted, except such work related to remediation of the violation,
shall be subject to penalties specified in this UDC. The Director
shall give the developer ten (10) days' written notice of an order
under this Subsection, with copies to all known sureties, as appropriate,
who have outstanding obligations for any undeveloped portion of the
subdivision, and shall record an affidavit of such notice with the
Recorder of Deeds. If, within the ten-day period after notice is given,
the Director is not convinced by compelling evidence that completion
of the improvements is adequately assured and maintenance of streets
assured as provided herein, the Director shall order construction
suspended on the undeveloped portion of the subdivision. The order
shall be served upon the developer, with a copy to the issuer/holder
of the surety as appropriate, and a copy recorded with the Recorder
of Deeds. Public notice of said order shall be conspicuously and prominently
posted by the Director at the subdivision. The notice shall contain
the following minimum language, which may be supplemented at the discretion
of the Director:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF CHESTERFIELD DIRECTOR OF PLANNING. NO DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE
WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY
OF CHESTERFIELD DIRECTOR OF PLANNING REMOVES THIS PROHIBITION. ANY
DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE
THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT
TO ARTICLE II OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF CHESTERFIELD.
The Director of Public Works and the Director of Planning shall
not thereafter authorize construction to take place contrary to the
Director's order. The suspension shall be rescinded in whole or in
part only when the Director is convinced that completion of the improvements
is adequately assured in all or an appropriate part of the subdivision
and a guarantee of public street maintenance provided; or
2.
Suspend the rights of the developer, or any related entity,
to construct structures in any development platted after the effective
date of such suspension throughout the City of Chesterfield. The Director
shall give the developer ten (10) days' written notice of an order
under this clause, with a copy to sureties known to the Director to
have obligations outstanding on behalf of the developer or related
entities and shall record an affidavit of such notice with the Recorder
of Deeds. If, within the ten-day period after notice is given, the
Director is not convinced by compelling evidence that completion of
the improvements is adequately assured and maintenance of streets
assured as provided herein, the Director shall order construction
suspended. The order shall be served upon the developer, with a copy
to the surety as appropriate, and a copy recorded with the Recorder
of Deeds. The Director of Public Works and the Director of Planning
shall not thereafter authorize construction to take place contrary
to the Director's order. The suspension shall be rescinded only when
the Director is convinced that completion of the improvements is adequately
assured and public street maintenance is assured.
I.
Suspension Of Development Rights. From and after the effective
date of this Section, if a developer, or any related entity, has a
subdivision development improvement guarantee that is in default,
as determined by the Director, including any escrow, fees, or bond
under any prior version of this Section:
1.
The Director shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (H) of this Section; and
2.
The rights of the developer, or any related entity, to receive
development approval, which approval shall include, but not be limited
to, approval of any plat or deposit agreement for new or further development
in the City, shall be suspended. The suspension shall be rescinded
only when the Director is convinced that completion and maintenance
of the improvements is adequately assured.
J.
Additional Remedies. If any party or related entity fails to
comply with any obligation of this Section, the Director may recommend
that the City Attorney take appropriate legal action and may also
withhold any building or occupancy permits to this developer or related
entities until such compliance is cured. The City shall also have
the right to partially or wholly remedy a developer's deficiencies
or breached obligations under this UDC by set-off of any funds or
assets otherwise held by the City of the developer to the maximum
extent permitted by law. Such set-off shall occur upon written notice
of such event by the Director of Public Works or the Director of Planning
to the developer after the developer has failed to timely cure the
deficiencies. It shall be deemed a provision of every deposit agreement
authorized under this Article that the developer shall pay the City's
costs, including reasonable attorney's fees, of enforcing such agreement
in the event that the developer is judicially determined to have violated
any provision herein or in such agreement. The developer may appeal
any decision taken pursuant to this Section by filing an appeal under
the City's administrative review procedure.
K.
Related Entities. For purposes of this Section, "related entity"
has the following meaning: a developer is a "related entity" of another
person:
1.
If either has a principal or controlling interest in the other;
or
2.
If any person, firm, corporation, association, partnership,
or other entity with a controlling interest in one has a principal
or controlling interest in the other. The identification of related
entities shall be supported by documentation from the Secretary of
State's Office, Jefferson City, Missouri.
[CC 1990 § 31-02-13; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
Building permits shall be granted as provided for in Article
02 of this UDC. Further, no building permit or municipal zoning approval
(MZA) shall be issued for the erection, reconstruction or alteration
of any structure, or part thereof, nor shall any such work be started
until approved by the Director of Planning or his/her authorized representative.
No building permit shall be issued for any building unless such building
is in conformity with the provisions of this UDC. An MZA shall be
required prior to issuance of any building permit.
[CC 1990 § 31-02-14; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
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.
[CC 1990 § 31-02-15; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General.
1.
It shall be unlawful for any seller or landlord to contract
for the sale, lease or rental of any residential property and it shall
be unlawful for any real estate broker to procure a contract for the
sale, lease, or rental of any residential real property without first
having disclosed to the prospective buyer or tenant the availability
of an information resource with respect to the future land use of
a nearby real estate as contemplated by the Comprehensive Plan of
the City of Chesterfield and with respect to the Spirit of St. Louis
Noise Impact Zone. The disclosure shall be in substantially the same
format as is incorporated herein.
2.
A generic version of this disclosure, one pertaining to all
municipalities and/or unincorporated areas, will suffice in lieu of
this disclosure so long as it contains the essential elements regarding
future land use of nearby real property and noise impact zone(s).
3.
Disclosure language as set out in Section 405.02.150(A)(5) of this Article shall be required for every contract for sale, lease or rental of any residential dwelling unit within the City of Chesterfield. Said disclosure shall be contained on a separate sheet of paper at least eight and one-half (8 1/2) inches by eleven (11) inches in size and shall require signature acknowledgement by the prospective purchaser(s) or renter(s) which shall be kept on file by the seller or lessor for five (5) years. If a real estate broker is involved in the transaction, then the real estate broker shall maintain said disclosure in his/her files for a period of not less than five (5) years.
4.
In new subdivisions where the developer(s) maintain an active
sales office, or in developments where there is an active sales office
for sales in that development of any kind, there shall be a sign of
at least eighteen (18) inches by twenty-four (24) inches prominently
displayed inside the sales office. The sign shall use readily legible
type and be located adjacent to or attached to any map or plat used
for marketing purposes in said subdivision.
5.
The disclosure statements required by this Section of the UDC shall,
at a minimum, contain the language set out in this Section. The use
of language, which is contained herein, shall satisfy the requirements
of this Section of this UDC. The disclosure shall read as follows:
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"This disclosure, as required by the City of Chesterfield, is
for the purpose of informing prospective buyers and tenants of any
residential property in Chesterfield that there may be a potential
for development of nearby real estate and there is a possibility of
noise from the Spirit of St. Louis Airport.
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Prospective buyers and tenants who may have concerns about future
land use of nearby properties should refer to the current Comprehensive
Plan of the City of Chesterfield, located and available at the Chesterfield
City Hall.
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Prospective buyers and tenants who may have concerns about the
Spirit of St. Louis Airport Noise Impact Zone should refer to the
current impact zone map(s) located and available at the Spirit of
St. Louis Airport.
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Buyers' and tenants' independent investigation of their concerns,
if any, should occur before executing a purchase, lease or rental
agreement."
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6.
In addition to the disclosure statement prospective buyers or renters
shall be furnished a copy of the Chesterfield Conceptual Land Use
Map showing the area within one (1) mile of the property for sale
or rent and a copy of the Spirit of St. Louis Airport Noise Impact
Maps to satisfy the requirements of this Section.
7.
The violation of this Section of the UDC shall be punishable as provided
for in Article 08 of this UDC.
[CC 1990 § 31-02-16; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The following requirements shall apply for single-family residential
tear downs and additions in established districts:
A.
General.
1.
Teardowns and additions shall adhere to the development standards
of the City of Chesterfield UDC as well as any other element of the
UDC that shall be deemed applicable.
2.
The following items are required with the submittal for all tear
downs and new construction and/or additions:
a.
A municipal zoning approval application.
b.
Photos of the adjacent residential properties when Planning Commission
review is required.
c.
Architectural elevations and building materials addressing City of
Chesterfield Architectural Review Board Design Standards when Planning
Commission review is required.
d.
Documentation that all adjacent property owners and subdivision trustees
were notified of the proposed new construction.
e.
Five (5) copies of a plot plan/site plan, drawn
to scale and including the following information:
(1)
All specific information required by the ordinance
authorizing the development;
(2)
Location and size, including height of the residential
dwelling and all other structures located on the property;
(3)
Proposed driveway;
(4)
All existing and proposed easements/rights-of-way
on the site;
(5)
Specific structure setbacks in accordance with
the structure; and
(6)
Setbacks established in the governing zoning district.
B.
Review. Applications for residential additions are reviewed
by the Department except as follows:
1.
Any addition larger than one thousand (1,000) square feet and
where the proposed addition increases the gross livable floor space
by more than thirty percent (30%) shall be reviewed for approval by
the City of Chesterfield Planning Commission.
C.
Exceptions. Where a developed property in a residential zoning
district is found to be non-conforming with regards to the dimensional
requirements of the particular zoning district in which it resides
and said property submits an application for tear down and construction
or addition, the Planning Commission shall make a determination of
approval or denial based on the intent of this UDC.
D.
Appeal. Decisions of the Director of Planning regarding the
application of this UDC may be appealed to the Board of Adjustment
in accordance with applicable procedures as established by the Board
of Adjustment.
[CC 1990 § 31-02-17; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General.
1.
Unless excepted by these regulations or the City of Chesterfield
Building Code, no sign shall be erected, constructed, posted, altered,
enlarged, maintained, or relocated, until a zoning authorization has
been issued by the Department and a sign permit issued by St. Louis
County Department of Public Works. Before any zoning authorization
is issued, an application, provided by the Department, shall be filed,
together with drawings and specifications as may be necessary to fully
advise and acquaint the Department and St. Louis County Department
of Public Works with the location, construction, materials, manner
of illuminating, and securing or fastening, and the wording or delineation
to be carried on the sign. All signs that are to be illuminated by
one (1) or more sources of artificial light shall require a separate
electrical permit and inspection conducted by the St. Louis County
Department of Public Works.
2.
Structural and safety features and electrical systems shall
be in accordance with the requirements of the City of Chesterfield
Building Code or any applicable building codes being enforced by the
City of Chesterfield. No sign shall be approved for use unless it
has been inspected by the Department issuing the permit and is found
to be in compliance with all the requirements of this UDC and applicable
technical codes. Signs found to be in violation of the requirements
of this UDC and/or applicable technical codes and which are determined
to be a danger to public health, and safety may, after fifteen (15)
days of an inspection determining said violation and after notification
to the property owner, be dismantled and removed by the City of Chesterfield.
The expense for such action shall be charged to the owner of the property
on which the sign is erected and shall be filed as a special lien
thereon.
B.
Planning Commission Approval. The proponent of a sign subject to Planning Commission approval as set out in subsequent Sections of this UDC shall file with the Department, in addition to those document requirements specified in Section 405.02.170(A) of this Article, a written statement addressing the following information:
1.
The underlying business, directional, or informational purpose
of such a sign.
2.
Why such a sign should exceed the maximum height and/or outline area specification for a particular sign in order to accomplish the underlying purpose as stated in Subsection (B)(1) above.
3.
What the proponent of such a sign believes the adverse impact
may be upon the underlying business, directional, or informational
purpose of such a sign if the proponent is compelled to reduce the
height and/or outline area of such a sign to within the maximum height
and/or outline area specification for any one (1) sign and the factual
basis supporting such belief.
4.
The approximate distance the proposed sign will be from other
existing or planned structures visible or planned to be visible within
a radius of one thousand (1,000) feet from said sign, identifying
such structures with sufficient particularity to enable the Planning
Commission to determine whether there is a reasonable likelihood of
an adverse public health, convenience, welfare and/or safety impact
within the one-thousand-foot radius area while maintaining the high
aesthetic quality of said area.
5.
What steps, if any, the proponent has taken to integrate the
design with the surrounding environment, including, but not limited
to, use of colors and materials, size and character of typeface(s),
regularity of overall shape, type of illumination, orientation and
situation of such a sign in order to minimize the amount of visual
clutter, and to avoid the distraction to pedestrians and motorists
beyond that necessary to convey the underlying business, information,
or directional purpose of said sign.
6.
If no steps [referred in Subsection (B)(5), above] have been taken, why such steps should not be required of the proponent.
7.
Any other information, such as length of frontage, special speed
limit or topographic considerations, that the proponent deems pertinent
to the approval of such a sign request.
[CC 1990 § 31-02-18; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Zoning.
1.
General Provisions.
a.
The Board of Adjustment shall have the following
powers:
(1)
In passing upon appeals, where there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict letter of such ordinance, the Board of Adjustment shall have
authority 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;
(2)
To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement of these Sections
or any ordinance adopted pursuant thereto;
(3)
Permit reconstruction of a non-conforming building,
which has been damaged by explosion, fire, act of God, or public enemy,
to the extent of more than sixty percent (60%) of its reasonable value,
where the Board finds some compelling public necessity requiring a
continuance of a non-conforming use, and the primary purpose of continuing
the non-conformity use is not to continue a monopoly;
(4)
Yard variance. To permit a variation in the yard
requirements of any zoning district or the building or setback lines
from major highways as provided by law where there are practical difficulties
or unnecessary hardships in the carrying out of these provisions due
to an irregular shape of the lot, topographical or other conditions,
provided that such variance will not seriously affect any adjoining
property or the general welfare of the public;
(5)
Sign variance. To permit a variation in the sign
requirements of any zoning district of up to a fifty-percent increase
in sign area and up to a fifty-percent increase in height and width
where the petitioner files a plot plan and scale layout design in
duplicate and demonstrates that otherwise there would be a hardship
to the public seeing its particular commodity or service and where
the petitioner demonstrates that the increased sign area, height and
width would not be injurious to the neighborhood or otherwise detrimental
to the public welfare. When a petition for a variance to sign regulations
has been filed with the Board of Adjustment, the Department shall
review said petition and file a report thereon containing conditions
which the Department recommends that the Board of Adjustment consider
placing upon the sign variance if granted. In making its decision,
the Board of Adjustment must be satisfied that the granting of such
variance will not merely serve as a convenience to the applicant but
will alleviate some demonstrable and unusual hardship or difficulty
which is unique to the petitioner in his/her use, so great as to warrant
a variation from the sign regulations as established by the City of
Chesterfield UDC or any Zoning Ordinance enacted by the City of Chesterfield
and at the same time place conditions upon said variance, if necessary,
so that the surrounding property will be properly protected.
b.
In exercising the above-mentioned powers, such Board
may, in conformity with the provisions of Sections 89.010 to 89.140,
RSMo., reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination appealed from and may make
such order, requirement, decision or determination as ought to be
made to that end and shall have all the powers of the officer from
whom the appeal is taken.
2.
Duration Of Variance. A decision of the Board granting a variance
that permits the erection or alteration of a building shall be valid
for a period of six (6) months, unless a building permit for such
erection or alteration is obtained within this period and the erection
or alteration is started and proceeds to completion in accordance
with the terms of the decision.
B.
Subdivision.
1.
Variances.
a.
Grounds.
(1)
The Director of Planning may modify or authorize
a variance to all provisions of this Article of the UDC, when the
following circumstances apply:
(a)
The tract to be subdivided is of such unusual size
or shape, or is surrounded by such development, or contains such topographic
conditions or characteristics, or is intended for the construction
of improvements of such unusual design or arrangement, that the strict
application of requirements in this Article would impose practical
difficulties or particular hardship.
(b)
Criteria for variances established elsewhere in
this Article for a specific requirement have been met.
(c)
The granting of a variance will not be detrimental
to the public interest.
(d)
In granting variances, the Director of Planning
may require such conditions which in his/her judgment secure the objectives
of this Article.
b.
Application for variance shall be made in writing
and state fully and clearly all facts necessary to support the request.
All requests shall be accompanied by the processing fee established
in Article 09 of this UDC. The application shall be accompanied by
maps, plans, or additional data which may aid in the complete analysis
of the request.
c.
Decision Time Frame. The Director of Planning shall
make a decision regarding the variance request or request additional
information within twenty (20) working days of receipt of the request.
The petitioner shall be notified in writing of the decision of the
Director of Planning.
d.
Low-Cost Housing Variances.
(1)
It is the intent of this Article to permit and
facilitate housing for low- and moderate-income families and individuals
of the City of Chesterfield. It is also the intent of this Article
to facilitate such housing without lowering the requirements contained
in this Article. However, the use of varied designs, new design techniques,
and other similar alternatives are encouraged as an alternate to reducing
the minimum requirements listed herein. Therefore, there is hereby
established provision for variances in lot size requirements, flexibility
in building types, varied relationships between buildings, alternate
improvement standards, and other alternate approaches when such accompany
or are a part of a planned unit development under the UDC. Such a
development must have adequate provisions for supporting recreational
facilities and provide for the development of a diverse and interesting
urban environment. Nothing in this Article shall prohibit the sale
of an apartment, townhouse, duplex, or other type of dwelling unit
as individual units or on individual lots under the Condominium Law
of the State of Missouri. Utilization of this law in order to attain
a high degree of private ownership in such housing developments for
low- and moderate-income families and individuals is encouraged.
(2)
Under the provisions of this Section, variances
may be received, considered and acted upon by the Commission as a
part of and under the planned unit development, subject to payment,
if approved, of one-half (1/2) the appropriate fee for such variances.
Under this procedure, such special variances will be considered only
when there is adequate assurance that the development actually will
be utilized for low- and moderate-income families.
2.
Appeal Procedures.
a.
Upon the denial of an application for a variance
by the Director of Planning, the petitioner may file a formal appeal,
upon payment of an additional variance fee to the Commission, requesting
a formal determination from the Commission. The Commission may affirm,
reverse, or modify, in whole or in part, any determination by the
Department.
b.
Right-Of-Way Requirements:
(1)
The developer may appeal to the City Council the right-of-way required by the Department on request by the Department under Section 405.04.090 of this UDC when the requirement for right-of-way is in excess of twenty (20) feet on either side of a street.
(2)
The Department may appeal to the City Council when the preliminary plat has been approved which does not reflect a request by the Department for dedication under Section 405.04.090 of this UDC along an existing street for right-of-way in excess of twenty (20) feet on either side of a street.
(3)
Appeals filed under this provision shall be filed
with the City Council within fifteen (15) days after date of action
on the determination of right-of-way requirements by the Department.
[CC 1990 § 31-02-19; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Appeal And Protest Procedure For Change Of Zoning And Special
Procedures.
1.
Scope Of Provisions. This Section contains the regulations governing the filing and review of an appeal or protest from a Planning Commission decision or recommendation regarding a change of zoning or special procedure authorized under Section 405.02.040 of this Article.
2.
Statement Of Intent. The purpose of this Section is to provide
a formal method by which a petitioner may request further consideration
by the City Council of a Planning Commission denial or recommendation
of denial of a change of zoning or certain special procedures as specified
herein; and to provide a formal method by which the owners of property
located within a specified proximity to a petitioned tract of land
may present to the City Council a petition and statement of their
opposition to a Planning Commission decision or recommendation of
approval of a change of zoning or certain special procedures as specified
herein.
3.
Filing Of Appeal Or Protest. The following regulations shall
govern the filing of an appeal or protest:
a.
Appeal by petitioner of decision or recommendation
of denial. Upon the denial or recommendation of denial by the Planning
Commission of an application for a change of zoning or certain special
procedure as specified herein, the applicant may file an appeal with
the City Council requesting a determination from that body. The appeal
shall be filed within eighteen (18) days after the Planning Commission
decision (or if the filing date falls on a weekend or holiday, the
next regular business day). The appeal shall be submitted in writing
to the City Council, and shall be filed in duplicate with the City
Clerk, accompanied by a fee of two hundred dollars ($200.00). In the
case of a special procedure, the applicant shall state in the appeal
how the application, as initially filed or subsequently modified,
meets the criteria set forth in the regulations of the special procedure
in question.
b.
Protest by nearby property owners to recommendation
of approval. Owners of thirty percent (30%) (by area exclusive of
streets and alleys) of the property within one hundred eighty-five
(185) feet of the property in question may file a protest with the
City Council against the Planning Commission's decision or recommendation
of approval of a change of zoning or special procedure as specified
herein. The protest shall be filed within eighteen (18) days after
the Planning Commission decision (or if the filing date falls on a
weekend or holiday, the next regular business day). The protest shall
be in writing and shall be filed in duplicate with the City Clerk,
accompanied by the signatures of property owners in opposition, each
signature being individually acknowledged. In the case of a special
procedure, the protest shall include notarized verification from the
person(s) collecting protestants' signatures that all signatures are
correct and real. The protest shall specifically state how the application,
as initially filed or subsequently modified, fails to meet the criteria
set forth in the regulations of the special procedure in question.
4.
Review Of Appeal Or Protest. The following regulations shall
govern the review of an appeal or protest:
a.
Referral Of Appeal Or Protest To Planning And Public
Works Committee. Upon receipt of an appeal or a protest, the City
Council shall refer it to the Planning and Public Works Committee.
b.
Public Hearing By The City Council. Before acting
on any appeal or protest the City Council, or its Committee on Planning
and Public Works, shall set the matter for hearing. The City Council
shall give written notice of such hearing to the applicant and all
other persons who appeared and spoke in opposition to the application
at the public hearing before the Planning Commission or to the protestants
in the case of a protest. The applicant and the protestants in the
case of a protest shall be heard at the hearing. In addition, any
other person or persons who, in the discretion of the City Council,
will be aggrieved by any decision or action with respect to an appeal
or protest may also be heard at the hearing.
c.
City Council Decision. Following the hearing by
the City Council or its Committee on Planning and Public Works on
an appealed or protested application, the City Council may affirm,
reverse or modify, in whole or in part, any determination of the Planning
Commission. An affirmative vote of two-thirds (2/3) of the members
of the whole City Council shall be required to approve a protested
change of zoning or special procedure, or to overrule the disapproval
of the Planning Commission. In all other instances, a majority vote
of the whole City Council shall be required to approve, deny or modify
any recommendation of the Planning Commission with respect to a change
of zoning or special procedure. A valid protest petition shall have
the effect of extending the time for introduction of a bill beyond
the ninety-day period established in 405.02.030(B) of this Article.
[CC 1990 § 31-02-20; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 2976, 1-3-2018]
A.
City Council Review Of Planning Commission Decisions (Power
Of Review).
1.
Either Council Member of the Ward where a development is proposed,
the Mayor, or any two (2) City Council Members from any Ward may request
that the conditional use permit or plan for a development be reviewed
and approved by the entire City Council.
2.
This request must be made no later than seventy-two (72) hours
after decision of the Planning Commission. The project will then be
placed with Planning and Public Works Committee for review, with a
final recommendation then forwarded to the City Council. The City
Council will then take appropriate action relative to the proposal.
3.
The plan for a development, for purposes of this Section, may
include the site development plan, site development section plan,
site development concept plan, landscape plan, lighting plans, architectural
elevations, sign package or any amendment thereto or any other plan
reviewed by the Planning Commission.
4.
Written notice of power of review shall be provided to the applicant
and all other persons who appeared and spoke in opposition to the
application at the public hearing before the Planning Commission or
to the protestants in the case of a protest. The applicant and any
other person or persons who, in the discretion of the City Council,
will be aggrieved by any decision or action may be heard at the hearing
before the Planning and Public Works Committee.
5.
The City Council may affirm, reverse or modify, in whole or
in part, any determination of the Planning Commission. An affirmative
vote of two-thirds (2/3) of the members of the whole City Council
shall be required to approve a protested conditional use permit or
to overrule the disapproval of the Planning Commission. In all other
instances, a majority vote of the whole City Council shall be required
to approve, deny or modify the determination of the Planning Commission.
