[1-12-2021 by Ord. No. 5119[1]]
A.
Title. These regulations shall be referred to as the "Crestwood Development
Code." References to "this code," "the Development Code," or "these
regulations" shall be considered a reference to the Crestwood Development
Code, and references to "zoning ordinance," "subdivision regulations,"
or "sign regulations" may be interpreted as references to specific
parts of the Development Code.
B.
Authority and jurisdiction. The Development Code is enacted pursuant
to the authority granted in Chapter 89, RSMo., as amended, as well
as other Missouri statutes, and applies to all structures and land
within the incorporated area of the City of Crestwood, as depicted
on the official Zoning Map, and other maps accompanying the City's
plans and policies. It shall be unlawful to conduct any development
or use of land until any applicable development review and processes
have been followed, all applicable standards have been applied, and
all applicable approvals, permits, or other authorizations have been
issued.
C.
Purposes. This Development Code is adopted to promote the public
safety, health, and general welfare of residents and visitors to the
City of Crestwood. More specifically, the regulations have the following
general purposes intended to:
1.
Ensure the orderly development or redevelopment of land;
2.
Protect and conserve the value of buildings and other improvements,
and minimize any adverse impact of development on adjoining or other
nearby properties;
3.
Implement the Comprehensive Plan and other plans and programs authorized
under the guidance of the Comprehensive Plan;
4.
Promote the health and general welfare throughout the City;
5.
Promote planning and urban design that emphasizes distinct places
and unique elements of community character throughout Crestwood;
6.
Provide park, civic, and open spaces that create a desirable and
pleasant living and working environment;
7.
Establish standards of design (and reference other sources of design
standards and procedures) for subdivision improvements and improvements
within unsubdivided developments based upon City, state, and federal
requirements to ensure safe and proper construction of new streets,
utilities, drainage facilities, erosion control, and installation
of streetlighting;
8.
Ensure proper legal descriptions and documentation of subdivided
land for the protection of both buyers and sellers of land;
9.
Ensure that lot purchasers will receive a buildable, properly oriented
lot, provided with adequate facilities to meet day-to-day needs;
10.
Divide the City into zones and districts that promote the goals and
objectives of the Comprehensive Plan;
11.
Regulate and restrict the development and use of buildings and land
within each zoning district to create a compatible scale and range
of building types within districts;
12.
Provide for coordinated development of Crestwood consistent with
established policies of the City;
13.
Designate and define the powers and duties of the officials administering
and enforcing this chapter; and
14.
Establish penalties for the violation of this chapter.
D.
Severability.
1.
If any court of competent and final jurisdiction declares any part
of this Development Code to be invalid, that ruling shall not affect
any other provisions of this Development Code not specifically included
in that ruling.
2.
If any court of competent and final jurisdiction declares that the
application of this Development Code to a particular property or structure
is invalid, that ruling shall not affect the application of the regulations
to any other property or structure, or projects with different circumstances.
3.
No provision of this Code shall enable any circumstance which is
unlawful under superseding federal or state law. If any section, subsection,
sentence, clause, phrase, or portion of this Code is now, or in the
future, superseded or preempted by state or federal law, or found
by a court of competent jurisdiction to be unauthorized, such provision
shall be automatically interpreted and applied as required by law.
[1]
Editor’s Note: This ordinance also repealed former Ch.
26, Zoning and Subdivision Regulations, derived from Ord. No. 3140,
adopted 11-14-1989, as amended, and Ord. No. 3384, adopted 10-10-1995,
as amended.
[1-12-2021 by Ord. No. 5119]
A.
Rules of construction. The following rules shall apply to the application
and interpretation of these regulations, unless the context clearly
indicates otherwise:
1.
All words shall have the customary dictionary meaning, unless specifically
defined in these regulations.
2.
The present tense includes the future tense, and the future tense
includes the present tense.
3.
The singular includes the plural, and the plural includes the singular.
4.
Lists of examples prefaced by "including the following," "such as,"
or other similar clauses shall not be construed as exclusive or exhaustive
and shall not preclude an interpretation of these lists including
other similar and nonmentioned examples.
5.
"Shall" or "must" is mandatory; "should" or "may" is permissive,
but recommended as a way to best meet the standard or achieve the
intent of the standard.
6.
The words "use" or "occupy" shall include the words "intended," "designed,"
or "arranged" to be used or occupied.
7.
A reference to an administrative official shall refer to that official,
or his or her official designee, and all references to specific City
officials may also include any other designee of the City Administrator.
8.
Any reference to other official local, state, or federal government
rules or regulations shall include the current versions of those regulations,
provided that they remain binding or are consistent with the purposes,
intent, and objectives included in these regulations.
9.
References to a person shall include individuals, partnerships, agencies,
corporations, or other legal entities.
B.
Conflicts. In case of a conflict between these regulations and any
other adopted regulation of the City, the more restrictive standard
shall apply. In making a determination of which standard is more restrictive,
the administrative official may consider which is more specific; which
is more consistent with the Comprehensive Plan; which is more consistent
with the purposes, intent, and objectives of these regulations; and
which best promotes public health, safety, and welfare.
C.
Measurements. The following rules shall apply to the interpretation
of measurements and dimensional standards:
1.
General calculations. When calculations result in a fraction, it
shall be rounded up to the nearest whole number if the standard is
expressed as a minimum requirement, and rounded down to the nearest
whole number if the standard is expressed as maximum allowance.
2.
Buildings. The following shall be used in interpreting dimensional
standards for buildings:
a.
Building coverage: the percentage of the total area of the lot covered
by buildings or roofed areas of principal and accessory buildings,
measured along the wall at ground level, excluding the first four
feet of any unenclosed roof overhangs. Building coverage may control
the scale, mass, or orientation of the building more than is established
within the setback lines. It does not include any unroofed projections,
surface parking, uncovered patios, stoops, or plazas.
b.
Building height. Building height, when expressed as a dimension,
is measured from the average grade to highest point of a roof. Average
grade is determined by calculating the average of the highest and
lowest elevation of the proposed development or existing development
grade along the perimeter of the building footprint. Where significant
development is proposed in association with a grading plan, post-development
grades may be used subject to a grading plan approved with development
review. Building heights expressed in both dimension and stories shall
use the additional story limits to impact the scale, form, and mass
of the building within the permitted overall height.
Figure 26-2-1
Building Height and Building Stories
Nonresidential and residential buildings are depicting the measurement
of building height from the average grade at the front building line
to the top of the roof. Story heights are also illustrated demonstrating
the typical story heights of stories depending on their use.
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c.
Building setbacks: the minimum required distance between any lot
line and the building. When front building setbacks are expressed
as a range (i.e., 10 feet to 25 feet), it shall be interpreted as
a build-to range, within which distance the front building line of
the principal structure shall be established.
d.
Story: the part of a building included between the surface of one
floor and the surface of the floor next above, or if there is no floor
above, that part of the building which is above the surface of a floor
and the ceiling next above.
(1)
Story heights shall be eight feet to 12 feet, generally;
(2)
The first story for residential buildings should be nine feet
to 14 feet;
(3)
The first story in nonresidential buildings should be 12 feet
to 20 feet;
(4)
Any story that has less than four feet of its height exposed
above finished grade on the front elevation, or which has more than
50% of its perimeter wall area measured from the finished floor elevation
surrounded by finished grade shall not count as a story for the purpose
of measuring building height.
e.
Story,
half. The space under a sloping roof that has a line of intersection
of the roof and wall face not more than two feet above the floor level
and in which the possible floor area with head room of five feet or
more is greater than 40% of the total floor area of the story directly
beneath.
3.
Lots. The following shall be used in interpreting dimensional standards
for lots:
a.
Lot area: the minimum required area of a horizontal plane bounded
by the vertical planes through front, rear, and side lot lines, or
when expressed as a range shall be interpreted as a minimum and a
maximum.
b.
Lot depth: the horizontal distance between the front and rear lot
lines measured at right angles to the front right-of-way lines. Where
the front and rear lines are not approximately parallel, the lot depth
shall be the average when measured from at least three different points
along the front lot line, including the two corners at the front lot
line.
c.
Lot frontage: the portion of the lot that establishes the relationship
between the building, other site elements, and the public realm or
street upon which the lot fronts. When expressed as a linear dimension:
the horizontal distance between side lot lines, measured at the front
lot line. When expressed as a percentage: the maximum percentage of
that frontage width applied to the entire depth of the frontage area.
Where the front lot line abuts a curved right-of-way, the lot frontage
requirement may be applied at the front building line for purposes
of regulating the dimensions of lots.
d.
Lot width: the horizontal distance between the side lot lines, typically
measured at the front lot line, but for irregular lots may be measured
at the front building line.
e.
Corner lots. When applying building, lot, and frontage standards
to corner lots, lots can be arranged in one of three patterns based
on the context of the block and abutting lots. (See Figure 26-2-2,
Corner Lot Orientation, below.)
Figure 26-2-2
Corner Lot Orientation
Corner lots are unique in that they are able to front on two
different streets or in some cases both. The figure illustrates the
different options for property owner to face their building and how
this effects the setbacks used.
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(1)
Standard corner. The building orients to the front of all other
buildings fronting on the same street, and an expanded street-side
setback may apply. Side and rear setbacks apply to the remaining sides.
(2)
Reverse corner. The building orients to the end-grain of the
block, and the front setback and frontage design applies to that side,
and the street-side setback can be the greater of a) the stated street-side
setback for that building type or b) 10 feet in front of the forward
most point of the front building line of the abutting lot. Side and
rear setbacks apply to the remaining sides.
(3)
Corner orientation. The building orients to both streets, with
the front setback and frontage design applying on both street sides.
The two remaining sides are treated as side setbacks and there is
no rear setback.
D.
Computations of time. The following rules apply to any computation
of time, unless a specific section of these regulations indicates
otherwise:
1.
The day the act commences shall not be counted.
2.
The last day of the time period shall be included unless it is a
Saturday, Sunday, or legal City holiday, in which case the next working
day shall end the time period.
3.
Whenever any time period is expressed for a formal submittal to the
City, the time period shall end at 4:00 p.m. on the last day of that
time period.
4.
Any time period expressed in years shall include a full calendar
year from the act that commences the time period.
5.
The time period legally required by law for public notices shall
include all calendar days, unless specified otherwise by law.
6.
Unless otherwise specifically provided, whenever a person has the
right or is required to do some act within a prescribed period after
the service of a notice or other paper upon him/her and the notice
or paper is served by mail, three days shall be added to the prescribed
period.
E.
Interpretation of Zoning Map. Where uncertainty exists with respect
to any boundary on the Zoning District Map, the following rules shall
apply:
1.
Where boundaries are indicated to approximately follow streets or
other rights-of-way or water bodies, the center lines or extension
of these center lines shall be the boundaries. The portion of the
right-of-way between the center line and an adjacent parcel shall
be considered to be within the same zone as such adjacent parcel.
2.
Where the district boundaries are indicated as approximately following
property lines, the platted or other official legal line of that property
shall be the boundaries.
3.
Where the district boundaries split any platted lots, the lot shall
be interpreted in the district designated to the majority of the lot.
4.
Where the district boundaries split any unplatted property, any future
platting of property may generally follow the zoning boundary and
then each resulting property may assume the zoning applicable to the
majority of the resulting lot, or where any resulting lots have significant
discrepancies with zoning boundaries, rezoning may be required.
F.
Nonregulatory provisions. Intent statements, graphics, and commentary,
such as captions to graphics or notes in tables, are an aid to interpretation
of the standards. In the event of any conflict or ambiguity between
the intent statements, graphics, or commentary and a specific standard,
the specific standard shall control.
G.
Resources, guides, and industry standards. Resources, guides, and industry standards that are recognized as reputable authority in the planning, development, and urban design professions may be used to supplement interpretation of this Code. They shall be subject to the approval of the City Administrator or his or her designee (designees) responsible for administering this chapter as defined in § 26-3, (Administration and review bodies) below and upon a determination that the content is consistent with the purposes, intent, and design objectives of these regulations and the policies of the Comprehensive Plan. Any resource, guide, or industry standard approved by the City Planner shall be listed in Appendix A and at least one copy shall be kept on file with the Public Works Department. Use of these guides shall only be to the extent that it is consistent with the purposes, intent, and design objectives expressed in these regulations, and shall not be used to otherwise modify, contradict, or in any way conflict with any specific standard in these regulations.
[1-12-2021 by Ord. No. 5119]
A.
Staff. The following City staff positions are responsible for administering
specific aspects of this Code:
1.
Director of Public Services. The Director of Public Services shall
be responsible for the administration of this chapter and may designate
certain duties to the City Planner (or other City staff as he/she
may designate). The Director of Public Services shall be responsible
for regulating and reviewing the engineering design, construction,
operation, and maintenance of all public improvements specified under
these regulations. The Director of Public Services shall advise the
City Planner on any technical specifications and engineering designs
that impact implementation of the Comprehensive Plan, and may make
any final administrative decisions referred to the Director of Public
Services under the procedures and standards of these regulations.
2.
City Planner. The City Planner (or his/her designee) is responsible
for the principal interpretation of the zoning and use standards,
site and landscape design standards, sign standards, and access and
parking components of these regulations. The City Planner will consult
with the Director of Public Services regarding the engineering design,
construction, operation, and maintenance of all public improvements
related to zoning requests and may consult with any other department
or relevant outside agencies in order to coordinate their plans, policies,
and programs that relate to the regulations of this chapter and that
impact on the Comprehensive Plan. The Director of Public Services
shall make all final interpretation decisions and any final administrative
decisions referred to the City Planner under the procedures and standards
of these regulations. The City Planner (or his/her designee) shall
also serve as principal liaison to the Planning Zoning and Architectural
Review Commission.
B.
Planning, Zoning, and Architectural Review Commission. The Planning,
Zoning, and Architectural Review Commission, hereinafter referred
to as the Planning Commission, is the appointed body of the City responsible
for all long-range and comprehensive planning, as well as review,
recommendations, and decisions on implementation of the Comprehensive
Plan. In addition to other general planning authority by statute,
local ordinance, or bylaws, the Planning Commission shall have the
specific review responsibilities and final administrative decisions
referred to the Planning Commission under the procedures and standards
of these regulations and as specified in this section.
1.
Composition. The Planning, Zoning, and Architectural Review Commission
shall consist of eight members, seven of whom shall be citizens of
Crestwood, plus a nonvoting aldermanic representative. Members are
appointed by the Mayor with the approval of a majority of the authorized
membership of the Board of Aldermen. Reasonable efforts shall be made
to ensure all wards are represented, however the qualifications of
members shall be the primary guiding principle in making appointments
and no Commission shall be deemed improperly constituted or unlawful
if all wards of the City are not represented thereon. Three of the
citizen members shall be citizens-at-large, and reasonable efforts
shall be made for the remaining four citizen members to include: a
reputable architect, a city planner, a landscape architect or a person
knowledgeable of the construction industry, and a member of the Missouri
Bar. All citizen members shall be appointed to terms of four years
in duration, with each term beginning and ending on July 1. The terms
shall be staggered with three groups consisting of two members and
one remaining citizen member. Only one group (or the remaining citizen
member) shall be appointed on July 1 of each year, and another group
(or the remaining citizen member) shall be appointed on July 1 of
every following year. All members of the Commission shall serve until
his/her successor is appointed and qualified.
2.
Attendance. Citizen members absent without excuse from three consecutive
meetings, whether regular or special, shall be subject to removal
under Subsection B3 of this section.
3.
Duties and responsibilities. The Commission shall perform the duties
required by this chapter and the duties required for a plan commission/zoning
commission set forth in Chapter 89, RSMo. The Commission shall adopt
rules in accordance with the provisions of this article. All citizen
members shall be removable for cause by the Board of Aldermen upon
written charges and after public hearing.
4.
Chairperson. The Commission shall elect its Chairperson and Secretary
from among the citizen members. The term of the Chairperson and Secretary
shall be for one year with eligibility for reelection. The Chairperson
shall be the presiding officer of all meetings of the Commission and
shall have voice and vote the same as all other members. In the absence
of the Chairperson, the Secretary shall serve as Acting Chairperson.
5.
Aldermanic representatives. The Mayor, with the approval of a majority
of the members of the Board of Aldermen, shall appoint an aldermanic
representative from the members of the Board of Aldermen to act as
liaison between the Board of Aldermen and the Commission. Participation
in all discussions is strongly encouraged, but the aldermanic representative
shall not have a vote on the Commission.
6.
Ex officio members. The City Planner shall be an ex officio, nonvoting
member of the Commission, acting in an advisory capacity and shall
attend all meetings of the Commission. If the City Planner is unable
to attend any such meeting, a representative shall be designated to
attend by the Director of Public Services or the City Administrator.
7.
Clerical staff. The Commission shall be provided with a clerical
staff person by the City administration, who is not a voting member
of the Commission. It shall be the duty of this staff to take minutes
of the proceedings of the Commission. A set of minutes of the Commission
meetings shall be made public in accordance with applicable state
law. Records of the Commission shall be public records.
8.
Vacancies. Vacancies of citizen members of the Commission shall be
filled in the same manner as an original appointment, with the replacement
to serve the unexpired term of any member whose term becomes vacant.
9.
Reports. The Planning Commission, by and through the City Planner,
shall make monthly reports to the Mayor and Board of Aldermen covering
its investigations, hearings, transactions, and recommendations and
such other reports and recommendations relative thereto as it may
deem proper.
10.
Functions.
a.
Planning. The Planning Commission, may prepare, from time to time,
a comprehensive plan for the City; area or neighborhood plans for
land use and development; and/or a zoning system covering the whole
or any part of the City.
b.
Zoning. The Planning Commission shall consider all applications for
site plan or development plan review, conditional use permits, signage,
and proposals to amend or change the zoning ordinance, in accordance
with the procedures set forth in this chapter, and shall report to
the Board, in writing, its recommendations thereon, stating the reasons
therefore.
11.
Meetings and quorum. The Commission shall hold regular meetings every
month. Special meetings may be scheduled at any time by the Mayor,
the Chairperson, or the City Planner, provided that there is at least
one week's notice provided to the public and all members of the Commission,
including the aldermanic representative and the City Planner. All
meetings of the Commission shall be open to the public. A quorum shall
consist of four members. The aldermanic representative and any ex
officio members do not count toward establishing a quorum.
C.
Board of Aldermen. The Board of Aldermen is the elected body of the
City of Crestwood responsible for all legislative decisions that affect
implementation of the Comprehensive Plan. In addition to other general
authority authorized by law, the Board of Aldermen shall have the
appeal authority and final decision authority referred to the Board
of Aldermen under the procedures and standards of these regulations.
D.
Board of Adjustment. The Board of Adjustment for the City of Crestwood
is hereby established under the provisions of Chapter 89, RSMo., regarding
the zoning of cities.
1.
Composition. The Board of Adjustment shall consist of five citizens
of Crestwood. Members are appointed by the Mayor with the approval
of a majority of the authorized membership of the Board of Aldermen.
Reasonable efforts shall be made to ensure all wards are represented,
however the qualifications of members shall be the primary guiding
principle in making appointments and no Board shall be deemed improperly
constituted or unlawful if all wards of the City are not represented
thereon. All members shall be appointed to terms of five years in
duration, with each term beginning and ending on July 1. The terms
shall be staggered so that one member's term expires on July of each
year. Three alternate members may be appointed to serve in the absence
or the disqualification of the regular members. All members, including
alternate members, of the Board of Adjustment shall serve until his/her
successor is appointed and qualified.
2.
Meeting and voting. The Board of Adjustment shall adopt rules in
accordance with the provisions of this section. Meetings of the Board
of Adjustment shall be held at the call of the Chairman and at such
other times as the Board of Adjustment may determine. Such Chairman,
or, in his absence, the Vice Chairman, may administer oaths and compel
the attendance of witnesses. All meetings of the Board of Adjustment
shall be open to the public. A quorum shall consist of four members.
All members and alternates shall be removable for cause by the Mayor
and a majority of the authorized membership of the Board of Aldermen
upon written charges and after public hearing. The Board of Adjustment
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the Board of Adjustment (being the same as the office of the City
Clerk), and shall be public record. All testimony, objections thereto,
and rulings thereon shall be taken down by a reporter employed by
the Board of Adjustment for that purpose.
3.
Chairperson. The Board shall elect its own Chairman who shall serve
for one year. The Board shall also elect its own Vice Chairman, and
may elect a Secretary, both of whom shall serve for one year. The
Chairman, or in his absence the Vice Chairman, may administer oaths
and compel the attendance of witnesses.
4.
Clerical staff. The Board of Adjustment shall be provided with a
clerical staff person by the City administration, as needed, to maintain
the records of the Board. The Board of Adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each question,
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the Board of Adjustment
(being the same as the office of the City Clerk), and shall be a public
record. All testimony, objections thereto, and rulings thereon shall
be taken down by a reporter employed by the Board of Adjustment for
that purpose.
5.
Vacancies. Vacancies shall be filled in the same manner as an original
appointment, with the replacement member to serve for the unexpired
term of any member whose term becomes vacant.
6.
Powers and duties. The Board of Adjustment shall hear and decide
appeals and consider requests for variances as set forth in this section.
a.
Appeals: to hear and decide appeals where it is alleged there is
an error in any order, requirement, decision, or determination made
by the Director of Public Services in the enforcement of these regulations.
(1)
Appeals to the Board of Adjustment may be taken by the person
aggrieved, or by an officer, department, or bureau of the government,
affected by any decision of the Director of Public Services. Such
appeal shall be filed with the Director of Public Services within
a reasonable time, as shall be prescribed. The Director of Public
Services shall forthwith transmit to the Secretary of the Board of
Adjustment all papers constituting the record upon which the action
appealed from is taken.
(2)
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Director of Public Services certifies to
the Board of Adjustment, after the notice of appeal shall have been
filed with him, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment,
or by a court of record on application or notice to the Director of
Public Services on good cause shown.
b.
Variances: to authorize in specific cases a variance from the specific
terms of these regulations which will not be contrary to the public
interest and where, owing to special conditions, a literal enforcement
of the provisions of these regulations will, in an individual case,
result in practical difficulties or unnecessary hardship, provided
that the spirit of these regulations shall be observed, public safety
and welfare secured, and substantial justice done.
(1)
The applicant must show that this property was acquired in good
faith and where by reason of exceptional narrowness, shallowness,
or shape of this specific piece of property at the time of the effective
date of the district zoning regulations, or where by reason or exceptional
circumstances that the strict application of the terms of the zoning
regulations actually prohibit the practical use of his property in
the manner similar to that of other property in the zoning district
where it is located.
(2)
Conditions for variance.
(a)
A request for a variance may be granted upon a finding of the
Board of Adjustment that all of the following conditions have been
met. The Board of Adjustment shall make a determination on each condition,
and the finding shall be entered in the record.
(i)
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district and is not created by an action or actions of
the property owner or applicant.
(ii)
That literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter.
(iii)
That the special conditions and circumstances do not result
from the actions of the applicant.
(iv)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other land, structures, or buildings in the same district.
(b)
In granting a variance, the Board of Adjustment may impose such conditions,
safeguards, and restrictions upon the premises benefited by the variance
as may be necessary to reduce or minimize any potentially injurious
effect of such variance upon other property in the neighborhood, and
to carry out the general purpose and intent of these regulations.
Where this chapter provides more specific criteria for a particular
type of variance, for instance, a variance from stream buffer or floodplain
development requirements, the more specific criteria shall govern.
(3)
Other matters: to hear and decide all matters referred to it
or upon which it is required to pass under this chapter.
7.
Review and considerations. In determining whether the evidence presented
supports all of the conclusions required by § 26-3D6b, above,
the Board of Adjustment shall consider the extent to which the evidence
demonstrates that:
a.
The particular physical surroundings, shape, or topographical conditions
of the property involved would result in a severe practical difficulty
or extreme hardship upon or for the owner, lessee, or occupant, if
the provisions of this chapter were literally enforced;
b.
The request for a variation is not based exclusively upon the desire
of the owner, lessee, occupant, or applicant to secure a greater financial
return from the property;
c.
The granting of the variation will not be materially detrimental
or injurious to other property or improvements in the neighborhood
in which the property is located; and
d.
The proposed variation will not impair an adequate supply of light
to adjacent property, substantially increase the congestion in the
public streets, increase the danger of fire, endanger the public safety,
or substantially diminish or impair property values within the neighborhood.
8.
Application for Board of Adjustment review. Application for Board
of Adjustment review and procedures and requirements are as follows:
a.
Procedure. The procedure for requesting a hearing before the Board
of Adjustment shall be as follows.
(1)
All applications to the Board of Adjustment shall be in writing
on forms provided by the Board of Adjustment and filed with the City
Clerk.
(2)
The Board of Adjustment shall fix a reasonable time for the
hearing of an application, and give public notice thereof, as well
as due notice to the parties in interest as required by Section 89.100,
RSMo. The Board of Adjustment shall post public notice of such hearing
in a prominent location at the City Government Center at least 15
days in advance of such hearing. The Board of Adjustment may also
provide public notice by posting same on the property for which a
variance is to be considered and posting notice at the City's website.
The Secretary shall submit a list of those persons receiving the notice
to the Board of Adjustment at the public hearing.
(3)
An application shall be accompanied by a filing fee in an amount
established by the Board of Aldermen. A separate filing fee shall
be required for each request.
b.
Additional requirements. In addition to the above requirements, certain
applications require additional information as follows:
(1)
Appeals.
(a)
An application for an appeal shall be filed within 60 days after
a ruling has been made by the appropriate administrative officer or
board.
(b)
A copy of the order, requirement, decision, or determination
of the appropriate administrative officer or board, which the applicant
believes to be in error, shall be submitted.
(c)
A clear, accurate, written description of the proposed use,
work, or action for which the appeal is involved and a statement justifying
the applicant's position.
(d)
Where necessary, a plat plan, drawn to scale, in duplicate showing
existing conditions and proposed plans for the area in question shall
be submitted.
(2)
Variances.
(a)
The applicant shall submit a statement, in writing, justifying
the variance requested, indicating specifically the enforcement provisions
of the zoning regulations from which the variance is requested, and
outlining in detail the manner in which it is believed that this application
will meet each of the four conditions as set out in § 26-3D6b(2)(a)
above, of this chapter.
(b)
The applicant shall submit a sketch, in duplicate, drawn to
scale, and showing the lot or lots included in the application; the
structures existing thereon; and the structures contemplated necessitating
the variance requested. All appropriate dimensions and any other information,
which would be helpful to the Board of Adjustment in consideration
of the application, shall be included.
(3)
Reapplication to Board of Adjustment. In the event that an appeal
is denied by the Board of Adjustment, reapplication for the purpose
of review of the same appeal on the same property, or part thereof,
shall not be accepted by the City until six months following the date
of final action on the original appeal, unless it can be shown to
the satisfaction of the Director of Public Services that substantial
new evidence, not available during review of the original appeal,
will be presented.
9.
Period of validity. Unless as otherwise specified by the Board of
Adjustment in its approval for an application, no variance granted
by the Board of Adjustment shall be valid for a period longer than
90 days from the date upon which the variance is granted, unless within
such period:
a.
A building permit is obtained and the construction, or alteration
of the structure, is commenced and pursued diligently toward completion;
or
b.
A certificate of occupancy is obtained and a use or occupancy commenced.
The Board of Adjustment may grant extensions not exceeding 180 days
each, upon written application, without notice or hearing.
10.
Approvals, required vote. A concurring vote of four members of the
Board of Adjustment shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass under this chapter, or to effect any variation in
the chapter.
11.
Appeal of Board of Adjustment decision. Any person or persons jointly
or severally aggrieved by any decision of the Board of Adjustment,
or any officer, department, or board of the City may, within 30 days
of the issuance of the decision of the Board, present to the Circuit
Court of the county a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality in accordance with appropriate state statute.
[1-12-2021 by Ord. No. 5119]
A.
Violations. In case any building or structure is erected, constructed,
reconstructed, altered, converted, or maintained, or any building,
structure, or land is used in violation of this chapter or other regulation
made under authority conferred hereby, the proper local authorities
of the City, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, or use to restrain,
correct, or abate such violation, to prevent the occupancy of the
building, structure, or land, or to prevent any illegal act, conduct,
business, or use in or about such premises.
B.
Enforcement. Such regulations shall be enforced by the Director of
Public Services, who is empowered to cause any building, structure,
place, or premises to be inspected and examined, and to order in writing
the remedying of any condition found to exist therein or thereat in
violation of any provision of the regulations made under authority
of this chapter. The City may investigate and initiate proper actions
or proceedings to prevent or terminate any activity or condition that
is in violation of these regulations, including revoke or withhold
any permits, prevent the sale or lease of property, correct or abate
the nuisance, withhold any public improvements, or penalize and initiate
legal proceedings to prevent the continuance of unlawful actions or
conditions. Upon presentation of proper credentials, the Director
of Public Services may enter at reasonable times any building, structure,
or premises in the City or perform any duty imposed upon him by these
regulations. If the owner or occupant shall refuse to allow entry
to the Director of Public Services, the Director of Public Services
may apply to a court of competent jurisdiction for a search warrant
or take any legal action necessary for the purpose of securing entry.
C.
Penalties. Except where another more specific penalty provision is
provided in this chapter, violation of the regulations of this chapter
may be subject to penalties as follows:
1.
The owner or general agent of a building or premises where a violation
of any provision of the regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part, or assists in any such violation or who maintains any
building or premises in which any such violation shall exist shall
be guilty of a misdemeanor punishable by a fine of not less than $10
and not more than $100 for each and every day that such violation
continues, but if the offense be willful on conviction thereof, the
punishment shall be a fine of not less than $100 nor more than $250
for each and every day that such violation shall continue or by imprisonment
for 10 days for each and every day such violation shall continue,
or by both such fine and imprisonment in the discretion of the court.
2.
Any such person who, having been served with an order to remove any
such violation, shall fail to comply with the order within 10 days
after such service or shall continue to violate any provision of the
regulations made under authority of this chapter in the respect named
in such order shall also be subject to a civil penalty of $250.
3.
In addition to the penalties hereinabove authorized and established,
the City Attorney shall take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violations of this chapter.