The Commission shall consist of seven (7) members. The members shall be U.S. citizens and residents of the City for at least one (1) year immediately preceding appointment and throughout their term of service. All members shall be qualified by knowledge or experience to act on questions pertaining to the development of the City. The Commissioners shall hold no other office or position in City Government. The Mayor shall appoint the Commissioners with the consent and approval of a majority of the City Council. Appointments shall be for terms of three (3) years, with the terms of all Commissioners expiring on June thirtieth (30th) of the last year of the members' term. Appointments to fill vacancies shall be for the unexpired portion of that term, although an individual may be reappointed for a further term.

Compensation for service on the Commission shall be as determined periodically by the City Council. Members may be removed for cause by the City Council. A member so removed may request and receive a written statement of charges and a public hearing before the City Council.

As necessary and as long as not inconsistent with the provisions of the City Code or other ordinances of the City, the Commission may provide such rules and regulations as it may deem necessary to carry out the provisions of this Chapter. The Commission shall by rule establish a regular meeting time and procedure for giving notice of its meetings and shall file these regulations in the office of the City Clerk. The Commission shall have the authority to call special meetings as it deems necessary.

The seven (7) voting members of the Commission shall transact the official business of the Commission with four (4) voting members constituting a quorum. If a quorum is present, the votes of a majority of those attending shall be required for recommendation of any action or measure or for transaction of any business. However, four (4) affirmative votes of voting members shall be required for approval of a request of a rezoning (Section 405.1060), an amendment to the text of this Chapter (Section 405.1060), a conditional use permit (Section 405.1070) or a site development plan, site concept plan or minor site development plan (Section 405.1080).

To prepare and approve a comprehensive plan for the physical development of the City or portions thereof and recommended modifications of the same from time to time as deemed in the City's best interest.

To prepare and submit to the City Council for its approval a zoning ordinance and Zoning Map with such regulations as to the location, height, width, bulk and appearance of buildings and other structures, the use of land and buildings and the layout, improvement and landscaping of the site of any proposed development or redevelopment of property within the City of Creve Coeur, as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the City.

To consider all applications in the manner prescribed elsewhere in this Chapter and Chapter 410.

To petition the City Council on its own initiative to amend, supplement, change or repeal this Chapter or Chapter 410 or any part thereof or to amend the zoning ordinance or Zoning Map as the Commission determines to be in the City's best interest.

To submit an annual written report to the City Council containing the Commission's recommendations concerning this Chapter, a summary of its activities during the past year and its recommendations on specific community goals and objectives for the future and programs for achieving these.

To recommend to the City Council the preparation of such municipal, State or national legislation as may, in the interest of the City, be necessary in carrying out the recommendations or suggestions of the Commission.

To prepare and submit to the City Council such other reports relating to its investigations, transactions and recommendations as it deems proper or as required by the Mayor or the City Council.

To promulgate site development standards, architectural standards and guidelines for new construction, reconstruction or alterations for the purpose of assuring the mutual compatibility of buildings and their surroundings and the appearance, function and permanence of the location, form, shape, massing and exterior materials of building and site improvements.

To hear and decide all matters referred to it and upon which it is required to pass under this Chapter.

To interpret the provisions of this Chapter in such a way as to carry out its intent and purpose.

To hear appeals in a manner prescribed in Section 405.1110(I) of this Chapter, where it is alleged there is error in any order, requirement, decision or determination made in the enforcement or interpretation of this Chapter.

To authorize variances upon appeal in accordance with the provisions of Section 405.1110 of this Chapter.

To permit a variance in the yard requirements of any district where there are severe practical difficulties or extreme hardships in the carrying out of these provisions due to an irregular shape or size of the lot, the sites of pre-existing buildings, topographical or other site conditions; provided, that such variance shall not have a serious adverse impact on any adjoining property or the general welfare or establish an unsatisfactory precedent for other locations and situations.

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on the date of adoption of this Chapter.

Determine compliance with all relevant zoning provIsions, standards and conditions of all applications for building permits as provided in this Chapter and other applicable City ordinances.

Conduct inspections of all buildings, structures and use of land to determine compliance with, or violations of, the provisions of this Chapter.

Furnish to the various departments, officers or employees of the City vested with the authority to issue permits or licenses such information as will ensure the proper administration of this Chapter.

Receive, check for compliance with the various submission requirements contained herein and Chapter 410.

Forward to the Commission and Board of Adjustment, as applicable, all papers constituting the record upon which actions appealed from are taken.

Report annually in writing to the Commission and the City Administrator on the administration of this Chapter with special attention to enforcement problems and deficiencies in its content, procedures and standards.

Maintain permanent and current records of this Chapter including reports, memoranda and correspondence relating to the various actions and determinations of the Planning and Zoning Commission, Board of Adjustment and City Council relative to this Chapter.

Perform the duties of Executive Secretary to the Board of Adjustment.

Notify in writing, if any violations of the provisions of this Chapter are found, the persons responsible for such violation. In giving notification, the Zoning Administrator shall indicate the nature of the violation and order the action necessary to correct it. He/she shall order discontinuation of any illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions or alterations, discontinuance of any illegal work being done or take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions.

Act as liaison between the other departments of the City and the Planning and Zoning Commission.

From time to time prepare and submit to the City Council for its consideration a recommended schedule of fees and charges to be assessed in connection with the procedures outlined in this Chapter.

Text amendments. An application for text amendment shall set forth the new text to be added and existing text to be deleted.

Rezoning. An application for a rezoning shall include a legal description of the property to be changed from one category to another, as well as a map or overlay on the existing map graphically describing said change, and any required site concept or site development plan. An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures adopted by the Planning and Zoning Commission and shall be filed with the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free.

An application for text amendment or rezoning shall not be accepted by the Zoning Administrator:

An application for a text amendment or rezoning filed by the Mayor, a member of the City Council or the Planning and Zoning Commission or the Zoning Administrator may be accepted at any time regardless of the time limitations stated above.

After the Zoning Administrator has accepted and determined to be complete an application for rezoning by a private person, the application may not be modified as to the area proposed to be rezoned or as to the class of zone requested, unless the Zoning Administrator, the Planning and Zoning Commission or the City Council, at their discretion, allow such modification.

Zoning Administrator. The Zoning Administrator shall receive the application and determine whether it is complete with respect to all applicable submission requirements, Upon an affirmative determination, the Zoning Administrator shall promptly: (1) forward the application to the Planning and Zoning Commission, Mayor and City Council, (2) cause notice of the application to be publicly posted at the Government Center in the same manner as Commission meeting agendas, (3) cause a sign regarding the rezoning to be posted on the affected property, or for text amendment at the Government Center, and (4) cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the Zoning Administrator's review and any accompanying coordinated review of a site concept and site development plan shall have been completed prior to date of the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and submit a report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting,

Planning and Zoning Commission. The Planning and Zoning Commission shall consider the application along with the staff report and decide whether or not to recommend approval.

Public hearing. Prior to the Commission making its decision regarding an application, the City Clerk shall set a date for a public hearing before the Commission and publish a public notice as required under Section 405.1120 of this Code and post it on the City website. In the instance of a rezoning application, the City Clerk shall also send written notice of said public hearing to the owners of the subject property and all owners of property located within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property for which a rezoning is sought, stating the nature of the proposed Zoning District Map amendment and advising of the date, time and location of the public hearing. For a text amendment no notice shall be mailed, but notice of the hearing shall also be published in the City newsletter. No application for text amendment or rezoning may be approved until after such hearing is held.

City Council. After receipt of a recommendation from the Commission, the City Council shall consider the application. In case of a protest against a text amendment or rezoning duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council.

In accordance with a comprehensive plan;

To lessen congestion in the streets;

To secure safety from fire, panic and other damages;

To promote health and the general welfare;

To provide adequate light and air;

To prevent the overcrowding of land;

To avoid undue concentration of population;

To preserve features of historical significance; and

To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

The purpose of conditional use permits is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the City may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.

The City Council may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly allowed as a conditional use in a particular zoning district; however, the City Council reserves full authority and discretion to deny any request for a conditional use including but not limited to because it determines the use as proposed does not clearly meet one (1) or more of the standards set forth in Subsection (E) of this Section or to impose conditions of approval of the use to address concerns related to those standards. The City Council may revoke approval at any time upon a determination that a previously approved conditional use has become unsuitable and/or incompatible in its location based on deviations in the use from the original proposal pertaining to the standards of Subsection (E) of this Section .

An application for a conditional use permit may be filed by the owner of the subject property or any person with a financial, contractual or proprietary interest in the subject property who also submits the owner's consent to the application.

If the application does not comply with all the requirements of this Section and any regulation published pursuant thereto or if required fees and escrows have not been submitted.

If a previous application for the same conditional use for the same property was denied within twelve (12) months of this new application. The application may be accepted, however, if the Zoning Administrator determines that substantial new facts warrant reapplication.

Zoning Administrator. The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly: (1) forward the application to the Planning and Zoning Commission, Mayor and City Council; (2) thereafter cause notice of the application to be publicly posted at the Government Center in the same manner as Commission meeting agendas; (3) cause a sign regarding the application to be posted on the affected property; and (4) cause the application to be made publicly available on the City website, all at least ten (10) days prior to the date of the meeting of the Planning and Zoning Commission at which the application is first considered. An application shall have been received and determined to be complete by the Zoning Administrator and the Zoning Administrator's review and accompanying coordinated review of the site concept and site development plan shall have been completed by the agenda preparation date for the meeting of the Planning and Zoning Commission in order to be included on the agenda. The Zoning Administrator shall also prepare a staff analysis and report in conjunction with all applications being forwarded to the Planning and Zoning Commission, and shall submit such analysis and report to the Commission, Mayor and City Council in advance of the meeting at which the application is scheduled to be considered, and cause such analysis and report to be made publicly available on the City website in advance of that meeting.[1]

Planning And Zoning Commission. The Planning and Zoning Commission shall consider the applications under the standards of Subsection (E) of this Section and Section 405.470, as applicable to the requested conditional use, and decide whether to recommend approval to the City Council.

Public Hearing. Prior to the Commission making its recommendation regarding an application, the City Clerk or designee shall set a date for a public hearing before the Commission and publish a public notice as required under Section 405.1120 of this Code and post it on the City website. The City Clerk or designee shall also send written notice to all owners of property located within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property for which a conditional use permit is sought, stating the nature of the proposed use and advising of the date, time and location of the public hearing. No application for a conditional use permit may be approved until after such hearing is held.

City Council. After receipt of a recommendation from the Commission, the City Council shall consider the application.

Complies with all applicable provisions of this Zoning Ordinance Chapter 405 including but not limited to environmental performance standards presented in Section 405.550, the criteria in Section 405.470 and the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs.

Will contribute to and promote the welfare and convenience of the community at the specific location.

Will not cause substantial injury to the value of neighboring property.

Is consistent with the applicable provisions of the City's Comprehensive Plan and any applicable neighborhood or sector plans, unless good cause is demonstrated for deviation there from.

Will provide, if applicable, erosion control and on-site stormwater detention in accordance with the standards contained in this Chapter.

Will be compatible with the character of the surrounding area and thus will not impose an excessive burden or have a substantial negative impact on surrounding or adjacent users or on pedestrian or vehicular traffic or on community facilities or services, including but not limited to emergency services.

A conditional use permit granted by the City Council shall not be valid for a period longer than one (1) year from the date it is granted, unless within such period:

The City Council may grant extensions to the one-year period of not more than one hundred eighty (180) days each, without notice or hearing, provided that a written request for such extension is filed by the original applicant and approved by the City Council prior to the date the conditional use permit is scheduled to expire.

Site plans shall be divided among site concept plans, site development plans and minor site plans. Within this Section, requirements for site development plans do not apply to site concept plans or minor site plans unless specifically indicated.

A site development plan shall be required for:

Minor site plans shall be required for:

If there is any question or ambiguity in these regulations when determining whether a proposed development must file a site development plan or a minor site plan, the applicant shall be required to file a site development plan and follow the procedures pertaining thereto.

An application for site concept or site development plan approval or minor site plan approval may be filed by the owner of the property to be developed according to the submitted plan or any person with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan who also submits the owner's consent to the application.

All applications for site concept or site development plan approval or minor site plan shall be filed in the office of the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free. An application shall contain information as prescribed herein as well as such additional information as the Planning and Zoning Commission may prescribe by administrative regulations.

The location of the parcel in relation to all surrounding and adjacent uses, buildings and zoning;

The location of the parcel in relation to major arterials and/or highways and any roadways or drives connecting the parcel to those major thoroughfares;

The boundaries, dimensions and area of the parcel;

The proposed use and development of the parcel including principal and accessory uses;

The location and size of each existing structure and building on the parcel;

The footprint of each proposed building or structure on the parcel;

The height and number of stories of all proposed buildings and structures;

The amount of land area covered by all proposed buildings, structures, drives and parking facilities;

The ratio of floor area to land area (FAR);

Approximate locations of existing and proposed utility easements and stormwater retention areas;

Existing and proposed contours at vertical intervals of not more than five (5) feet;

Two (2) section profiles through the site showing preliminary building form, existing natural and proposed final grade;

Preliminary plan for sanitation and drainage facilities;

Drawings shall contain the project name, street names, a scale, north arrow and the date drawn and the scale for all drawings shall be no smaller than one (1) inch equals fifty (50) feet.

For a site development plan to be accepted for review, the following information shall be either placed on the site development plan or on a separate sheet accompanying the plan:

The site development plan shall be submitted with the appropriate applications, fees and escrows and shall contain, at a minimum, the information required above. Additional information to be placed on the site development plan beyond the requirements listed above may be requested by authorized departmental representatives of the City of Creve Coeur. Possible additional information includes, but is not limited to, report on project features, anticipated project schedule or phasing schedule, floodplain study and traffic impact study.

All submissions to the City's Planning and Zoning Commission and City Council shall be properly sealed and signed by a licensed architect, professional engineer or land surveyor registered in the State of Missouri pursuant to laws and regulations established by the Missouri Board for Architects, Professional Engineers and Land Surveyors. An original seal, signature and print date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction and control of a licensed architect, professional engineer or land surveyor. All other submissions shall be copies of the original set.

Location map, north arrow and plan scale.

Current zoning classification, subdivision name, lot number and zoning of adjacent parcels.

Title block including name of project, name, address and phone number of preparers and project applicant or owner.

Proposed use of any new or expanded building and distance from adjacent property lines and required setback lines.

The location and size of each building on the site.

Legal description of the parcel or lot, the dimensions and area of the lot or site.

The height and number of stories of any proposed building or addition to an existing building.

Location and identification of all existing and proposed easements.

Proposed changes to contour lines or elevations based on mean sea level datum.

Site coverage data in a percentage form (ratio of building and paved area to green space).

Floor area ratio (FAR).

The number of existing and proposed parking spaces and the location of any proposed parking spaces in relation to the applicable parking regulations in Article VII of this Chapter.

The layout of any proposed curb cuts, sidewalks, dimensional driveways and typical parking spaces showing physically disabled parking and accessibility. If no changes are proposed to the parking area, this information will not be required.

Location and height of all proposed light poles and trash enclosures, if applicable.

Existing and proposed landscaping including a concept landscape plan as described in Section 405.540 including related site improvements such as walls, berms, fences, street furniture, water features and walkways.

A site concept or site development plan shall be submitted with the application for site concept or site development plan approval on a form provided by the Zoning Administrator which shall contain, at a minimum, that information required by any district specific regulations in addition to the application and submission requirements of Section 405.1080. An application for site concept or site development plan approval shall not be accepted by the Zoning Administrator if the application does not comply with all the requirements of this Section and any regulation pursuant thereto or if the required fees and escrows have not been submitted.

The Zoning Administrator shall coordinate the review and analysis of the site concept or site development plan application by the City staff including other affected City departments before any final action may be taken on the application.

The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly:

In considering any application for approval of a site development plan, the Planning and Zoning Commission and City Council shall consider the following factors:

After the Planning and Zoning Commission receives the site concept or site development plan application and associated documents, it shall review the application and report it has received from the Zoning Administrator. The Planning and Zoning Commission may then either approve, disapprove or conditionally approve the site concept or site development plan application or forward its recommendation to the City Council if required elsewhere by this Chapter.

Once a site development plan, which contains the necessary information required by Section 405.1080, receives approval of the Planning and Zoning Commission, or the City Council if required elsewhere by this Chapter, further review of the final building, construction and site improvement plans by the Planning and Zoning Commission or the City Council will not be required, provided those final plans are consistent with and in substantial compliance with the approved site development plan,

The City staff will review the final plans for consistency with the approved site development plan. Should the City staff, in its judgment, note "substantive changes" as defined in Section 405.120 between the final plans and the approved site development plan, the plans will be referred back to the Planning and Zoning Commission and, if required, the City Council for review and approval of the changes prior to issuance of any construction permits by the City staff.

A minor site development plan shall be submitted with the application for minor site development plan approval on a form provided by the Zoning Administrator which shall contain, at a minimum, that information required by any district specific regulations in addition to the application and submission requirements of Section 405.1080(F). An application for minor site development plan approval shall not be accepted by the Zoning Administrator if the application does not comply with all the requirements of this Section and any regulation pursuant thereto or if the required fees and escrows have not been submitted.

The Zoning Administrator shall coordinate the review and analysis of the minor site plan application by the City staff including other affected City departments before any final action may be taken by on the application.

The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination the Zoning Administrator shall promptly:

After the Planning and Zoning Commission receives the minor site plan application and associated documents, it shall review the application and report it has received from the Zoning Administrator. The Planning and Zoning Commission may then approve, disapprove or conditionally approve the minor site plan.

In approving a site concept, site development plan or minor site plan application, the Planning and Zoning Commission or City Council may impose conditions and restrictions and may vary the standards and prescribe development standards within the range of such discretion as prescribed elsewhere in this Chapter, so long as the general intent of this Chapter is carried out. In no event, however, shall any permitted use or use regulations be varied so as to make them less restrictive than prescribed in the district regulations contained in Article VI of this Chapter.

In its review and approval of a site concept, site development or minor site plan application for any zoning district, the Planning and Zoning Commission or City Council may increase the minimum requirements designated in the applicable sections of this Chapter including, but not limited to, front yard, side yard or rear yard setbacks based upon its review of the individual site's topography, the building's orientation in relationship to street rights-of-way and adjoining properties, the building materials used and the mass and height of the building. The purpose of such increases in the minimum requirements shall be to minimize any adverse impacts of the proposed development on adjoining or nearby properties and the general community.

If the Planning and Zoning Commission or City Council imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted final approval of a site development plan or minor site plan and building and occupancy permits.

Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.1150 of this Chapter.

Site concept plans approved by the City of Creve Coeur shall be valid for a period of up to eight (8) years from the date of approval. After the eighth year, a site concept plan will no longer be valid unless an extension is granted as set forth below. The City of Creve Coeur may grant one (1) one-year extension prior to the expiration of the site concept plan upon written request of the applicant submitted to the City at least one hundred eighty (180) days prior to the expiration date and granted prior to the expiration date.

Upon such written request for a one-year extension, the Planning and Zoning Commission and City Council, when required, does, however, have the power to disapprove the extension or to attach new conditions to the extension, based upon any change in circumstances or changes in the City's ordinances since the time that the application was originally approved. Where the application for a one-year extension contains changes, which the Zoning Administrator concludes substantially or materially alters the initial application, the Zoning Administrator shall initiate a new site concept plan review procedure as stated in Section 405.1080.

An application to amend an existing site concept plan may be submitted at least one hundred eighty (180) days before the date of expiration and granted prior to the expiration date. The City does, however, have the power to disapprove the application or to attach new conditions to the existing site concept plan, based upon any change in circumstances or changes in the City's ordinances since the time that the application was originally approved. Once the City of Creve Coeur has granted an amendment to an existing site concept plan which has not yet expired, such amended site concept plan is subject to a period of validity no longer than eight (8) years from the date of approval of the amended plan, unless a one-year extension is granted as set forth above. An application to amend an existing site concept plan shall be subject to the same procedures as an original application.

No site development plan or minor site plan approval shall be valid for a period longer than twelve (12) months from the date it is approved, unless within such period a building permit is obtained and substantial construction is commenced. Substantial construction shall be deemed to consist of clearing the site, completion of footings, basement or building slab and inspection of such work. The Planning and Zoning Commission and the City Council, when required, may grant extensions not exceeding twelve (12) months each upon written request of the original applicant prior to the expiration of such period and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Commission and the Council, as applicable, have the power in such cases to attach new conditions to their re-approval or to disapprove the reapplication. Where the application for re-approval contains changes which the Zoning Administrator concludes materially alter the initial application, the Zoning Administrator shall initiate a new site development plan review procedure as stated in Section 405.1080 or a new minor site plan review procedure as stated in Section 405.1080.

Notwithstanding the foregoing, a site concept plan or site development plan approved for a wireless communications facility or support structure shall not expire.

An application for variance shall be filed in the office of the Zoning Administrator in both paper format and electronic format in a commonly used medium such as diskette or CD-ROM and in a format that can be read by a word processing program used by the Zoning Administrator. The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free. The Zoning Administrator shall review the application to determine whether it complies with all applicable requirements. Upon an affirmative determination, the Zoning Administrator shall promptly:

The application shall contain the following information, as well as such additional information as the Board of Adjustment may prescribe by regulation:

The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district;

The variance requested is because of a unique hardship not created by the applicant or owner of the property;

The granting of the variance shall not adversely affect adjacent property owners or residents;

The strict application of the provisions of this Chapter from which a variance is requested will cause severe practical difficulty or extreme hardship for the property owner represented in the application;

The variance desired will not adversely affect the public health, safety, order, convenience or general welfare of the community; and

Granting the variance desired will not violate the general spirit and intent of this Chapter.

By reason of exceptional narrowness, shallowness or shape of the specific piece of property or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually create a hardship to the property in a manner dissimilar to that of other similarly situated property in the zoning district in which it is located.

Granting the variance would not result in the diversion of additional stormwater that would adversely affect adjacent property.

The applicant must be suffering unnecessary hardship in carrying out the strict letter of the ordinance. Unnecessary hardship can be shown by the applicant if he/she demonstrates the following:

The applicant must prove that relief is necessary because of the unique character of the property.

The proposed variance will not conflict with the City's Comprehensive Plan.

The use proposed by the applicant must be specific and must be a use that is allowed as a permitted use in at least one (1) other zoning district in the City.

Forward the decision to the Mayor and City Council;

Forward the decision to all persons who participated in the public hearing and the property owner; and

Make the decision publicly available on the City website.

A building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently toward completion; or

An occupancy permit is obtained and a use or occupancy commenced. The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.

Time for appeals. Notice of appeal shall be filed within a reasonable time, not to exceed thirty (30) days from the event or action appealed from occurred.

Filing. The person taking the appeal shall file in the office of Community Development. A fee shall be paid to the Community Development Department at the time the appeal is filed; the amount of the fee shall be determined by the City Council.

Procedure. The Board of Adjustment shall notify the officer or the department from whom the appeal is taken. The officer or department shall immediately transmit to the Board of Adjustment all the papers and documents constituting the records of the actions or events which are being appealed. The Zoning Administrator shall receive the appeal and determine whether it complies with all applicable submission requirements. Upon an affirmative determination, the Zoning Administrator shall promptly:

Public hearing. The Board of Adjustment shall set a date for a public hearing and notice of this hearing shall be given according to the provisions of Section 405.1120. The hearing shall be held no later than sixty (60) days from the date the appeal is filed. The Board of Adjustment shall also send written notice by first class mail stating the nature of the proposed variance or appeal to all owners of property located within three hundred (300) feet of the boundaries of the property for which a variance or appeal is sought as well as to the owners of the subject property.

Decisions on appeals. Within thirty (30) days of the close of the public hearing, the Board of Adjustment shall affirm or reverse, fully or partly, or modify the order, requirement, decision or determination or other event or action appealed from. The Board of Adjustment shall be guided in its deliberations by the Comprehensive Plan of the City and any special area plans and the purpose and intent of this Code and all Sections thereof. The Zoning Administrator shall promptly:

Stay of proceedings. An appeal stays all proceedings that concern the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after he/she received notice of appeal that by reason of facts certified by him/her, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except in the following:

Time of publication, content. It is the responsibility of those officials conducting the hearing to see that at least fifteen (15) days' notice of the time and place of the hearing is published in a newspaper of general circulation in the City of Creve Coeur. The notice shall state the time and place of the hearing and the subject matter of the hearing. When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons prior to the hearing.

Record of proceedings. The official or officials holding the hearing shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony.

Whenever the provisions of this Chapter require posting of a sign:

The use, alteration or construction of buildings or the use or improvement of land of a site not in accordance with the provisions of this Chapter or with approvals given or permits issued pursuant to this Chapter.

Failure to obtain permits as required by this Chapter.

Failure to comply with the terms, conditions or restrictions of a variance (Section 405.1080) issued pursuant to this Chapter.

Those who commit, assist in or otherwise participate in a violation.

The owner or other persons who maintain the building, premises, property or other place where the violation has been committed or exists.

The owner's agent or person in charge of the building, premises, property or other place where the violation has been committed or exists.

The lessee or tenants of all or part of the building, premises, property or other place where the violation has been committed or exists.

The developer, agent, architect, contractor, subcontractor or any other person who performs work or enters into a contract for work in violation of this Chapter.

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 of any ordinance or other regulation made under authority conferred by Sections 89.010 to 89.140, RSMo., the proper local authorities of the municipality, 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 such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer 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 Sections 89.010 to 89.140, RSMo.

The owner or general agent of a building or premises where a violation of any provision of said 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 an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.

Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).