Fenton City Zoning Code
CHAPTER 405
Commissions and Boards
Attachment 1 - Addendum A, Fee Schedule
Section 405.010 Members - Appointment - Terms - Vacancies - How Filled.
[R.O. 2009 § 405.010; Ord. No. 3948, 6-27-2019[1]]
A.
The Mayor, with the consent and approval of the Board, shall appoint a commission to be known as "The Planning and Zoning Commission" (herein "Commission"). The Commission shall have the duties as prescribed in the ordinances of the City and the statutes of the State of Missouri. Appointment, term, and vacancies shall be dealt with as follows:
1.
Membership. The Commission shall consist of two (2) citizen members from each ward of the City, the Mayor, if the Mayor chooses to be a member within thirty (30) days of taking office, and a member of the Board selected by the Board, if the Board chooses to have a member serve on the Commission. If the Board does not select a member to serve on the Commission, the Board may select a Board member to attend the Commission meetings and report back to the Board, provided that such Board member shall not be a member nor count towards quorum of the Commission.
2.
Term. he term of each of the citizen members shall be for four (4) years and shall be staggered so that the terms of two (2) members of the Commission shall expire every year. The term of the Mayor, if the Mayor chooses to be a member, shall be two (2) years, said term to coincide with the term of the office of the Mayor. The term of the Board member, if the Board chooses to have a member serve on the Commission, shall be one (1) year, said term to coincide with the municipal general election, so that the Board shall decide whether the Board shall have a member serve on the Commission at the first regular Board meeting following the municipal general election or as soon thereafter as practical.
3.
Vacancy. Any vacancy in a citizen membership shall be filled for the unexpired term by appointment of the Mayor and approval of the Board. Any vacancy in a Board member shall be filled by approval of the Board for the unexpired term.
4.
Removal For Cause. The Board may remove any citizen member for cause stated in writing and after a Public Hearing.
Section 405.020 Chairman - Adoption Of Rules - Authorization Of Expenses.
[R.O. 2009 § 405.020; Ord. No. 3948, 6-27-2019]
A.
The Commission shall select one (1) of its citizen members as Chairman, one (1) as Vice Chairman, and one (1) as Secretary.
B.
The members of the Commission shall adopt such rules and regulations as they deem necessary for the transaction of their business. Any expense incurred by the Commission for clerical help, counsel, engineers, consultants, or otherwise shall be first authorized by the Board.
Section 405.030 Director To Serve As Liaison.
[R.O. 2009 § 405.030; Ord. No. 3948, 6-27-2019]
The Director shall serve as liaison to the Board of Adjustment for the Commission.
Section 405.040 Commission To Recommend Zoning District Boundaries And Regulations.
[R.O. 2009 § 405.040; Ord. No. 3948, 6-27-2019]
Pursuant to Section 89.010 et seq., RSMo., it shall be the duty of the Commission to recommend to the Board the boundaries of the various Zoning Districts and regulations pertaining thereto so that the Board may enact a Zoning Code ordinance for the City.
Section 405.050 Comprehensive Development Plan - Purpose And Intent.
[R.O. 2009 § 405.050; Ord. No. 3948, 6-27-2019]
A.
The Commission shall draw up a Comprehensive Development Plan, to be known as "City of Fenton Comprehensive Development Plan," for division of the City into Zoning Districts of such number, size, shape, and area as may be best suited for zoning purposes and draw regulations for such Zoning Districts governing the erection, construction, reconstruction, alteration, or use of Buildings, Structures, and/or land.
B.
The Comprehensive Development Plan referred to in Subsection (A) shall be designed to lessen congestion in the Streets; to secure safety from fire, panic, and other dangers; 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 facilitate the adequate provisions of transportation, water, sewage, Academic Schools, parks, or other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the Zoning District and its peculiar suitability for particular uses, environmental and stormwater concerns, and with a view to conserving the value of property and encouraging the most appropriate use of land throughout the City.
Section 405.060 Comprehensive Development Plan Map - Major Street Plan.
[R.O. 2009 § 405.060; Ord. No. 3948, 6-27-2019]
A.
The Comprehensive Development Plan Map (herein "Plan Map") as prepared in conjunction with the Comprehensive Development Plan, referred to in Section 405.050, and under the direction of the Chairman of the Commission, approved by majority vote of the Commission, shall be kept on file in the office of the City Clerk and a copy of same duly recorded in the Recorder of Deeds Office pursuant to provisions of Section 89.360, RSMo. Amendments to the Comprehensive Development Plan, including the Plan Map, shall be made in accordance with the procedures for adoption of the same pursuant to Section 89.360, RSMo.
B.
All of the planning as shown on the Plan Map of the future development for the City is hereby expressly approved and ratified and the through Streets shown on said Plan Map are duly approved and adopted by the Board.
C.
The Streets as designated on the Plan Map are hereby designated and adopted as the major street plan of the City, and all future development within the City shall be in accordance with said Plan Map as hereby adopted and approved or as may be amended hereinafter in accordance with the law.
Section 405.070 Commission To Draw Up Regulations.
[R.O. 2009 § 405.070; Ord. No. 3948, 6-27-2019]
The Commission shall also draw up, pursuant to the plan referred to in Section 405.050 and 405.060, regulations and restrictions on the height, number of stories, and size of Buildings and other Structures, the percentage of Lots that may be occupied, the size of Yards, courts, and other spaces, Setbacks, the density of population, and the locations and uses of Buildings, Structures, and Property for trade, industry, residences, or other purposes within the Zoning Districts established.
Section 405.080 Reports And Public Meetings.
[R.O. 2009 § 405.080; Ord. No. 3948, 6-27-2019]
The Commission shall make a preliminary report and hold public meetings in accordance with law before submitting its final report to the Board.
Section 405.090 Additional Powers And Duties.
[R.O. 2009 § 405.090; Ord. No. 3948, 6-27-2019]
A.
Meetings. The Commission shall hold a regular monthly meeting at Fenton City Hall, on such regular day each month as may be established by motion of the Commission from time to time. The Community Development Department shall keep all records of the Commission, be responsible for maintenance of all of the proceedings of the Commission and shall make a written report to the Board monthly covering the proceedings of the Commission. In addition to the regular scheduled monthly meeting, such other meetings shall be held as may be called by the Chairman or as directed by the Mayor or the Board.
B.
Other Powers And Duties. The Commission shall have such other powers and duties as are or may be prescribed by the laws of the State of Missouri or the ordinances of the City.
Section 405.100 Establishment And Organization.
[R.O. 2009 § 410.010; Ord. No. 3001 § 1, 12-23-2008[1]]
A.
A Board of Adjustment is hereby established. The Board of Adjustment shall consist of five (5) members, all of whom shall be residents appointed by the Mayor and approved by the Board. The term of office of the members of the Board of Adjustment shall be for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and Board upon written charges and after Public Hearing.
B.
The Board of Adjustment shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The Board of Adjustment shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
C.
In addition to the five (5) members of the Board of Adjustment, there shall be three (3) alternate members, all of whom shall be residents, appointed by the Mayor and approved by the Board. The term of office of the alternate members of the Board of Adjustment shall be for five (5) years. Alternate members shall serve in the absence or disqualification of the regular members. Alternate members shall be removed for cause by the Mayor and the Board upon written charges and after a Public Hearing.
D.
The makeup of the Board of Adjustment shall be as follows:
[Ord. No. 3381 § 1, 1-23-2014[2]]
[1]
Editor's Note: This ordinance also repealed Article II in its entirety.
Section 405.110 Meetings.
[R.O. 2009 § 410.020; Ord. No. 3001 § 1, 12-23-2008]
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 Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, and 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 and shall be a public record. All testimony, objections thereto, and rulings thereon shall be taken down by a certified court reporter employed by the Board of Adjustment for that purpose.
Section 405.120 Variances And Appeals; Procedures.
[R.O. 2009 § 410.030; Ord. No. 3001 § 1, 12-23-2008; Ord. No. 3101 § 1, 2-25-2010; Ord. No. 3178 § 1, 4-28-2011]
A.
Variance requests and appeals to the Board of Adjustment on any matter over which the Board of Adjustment is hereby specifically granted jurisdiction may be filed by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department, or any board or bureau of the City affected by any decision of the Director or other administrative official under this Code. To the fullest extent permitted by law, the review procedures herein shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials, or commissions by a person aggrieved by a decision by the Director or other administrative official under this Code. Such variance or appeal shall be petitioned within thirty (30) days of such decision by filing with the Director and with the Board of Adjustment a notice of variance or appeal specifying the grounds thereof. The Director shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken.
B.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Director 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 of life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or a court of record on application or notice to the Director.
C.
Notice For Hearing. The petition shall be set for Public Hearing before the Board of Adjustment within sixty (60) days. The Director shall cause public notice of such hearing to be given. The notice procedure shall be as follows:
1.
The Board of Adjustment shall fix a reasonable time for the hearing of the variance or appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation and post such notice within the City and areas affected, as well as give due notice to the parties in interest and decide the variance or appeal within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. In addition, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled Public Hearing. In the event the Applicant seeks more than one (1) continuance of any published or notified hearing, the Applicant shall be responsible for reimbursement of any republication and/or mailing notification costs prior to any action by the Board of Adjustment.
2.
Such notice shall contain the approximate location or address, the name of the person seeking the variance or appeal, the nature of the variance or appeal, and the present Zoning District classification.
3.
In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a variance or an appeal has been filed with the Board of Adjustment.
a.
Sign or Signs shall be placed on such Lots so as to be clearly visible to the traveled portion of such abutting Street. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b.
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
[Ord. No. 3410 § 1, 4-24-2014]
c.
The Director may provide for such additional information to be placed on any such Sign which would serve to fully inform the public as to the nature of such a variance or an appeal pending before the Board of Adjustment.
d.
Notwithstanding anything to the contrary, failure to comply with any additional notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval or enactment.
e.
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 an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120 of this Code.
f.
It shall not be necessary to publish notice or hold Public Hearings on amendments to this Code pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Code.
D.
A fee as set forth in Addendum A shall be paid at the time the notice of appeal is filed.[1]
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to this Chapter.
Section 405.130 Powers.
[R.O. 2009 § 410.040; Ord. No. 3001 § 1, 12-23-2008]
A.
The Board of Adjustment shall have the following powers:
2.
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, 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.
Section 405.140 Appeals To The Board Of Adjustment.
[R.O. 2009 § 410.050; Ord. No. 3001 § 1, 12-23-2008]
In exercising the above powers, the Board of Adjustment may, in conformity with the provisions of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals, the Board of Adjustment shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the Official Zone District Map and will not impair an adequate supply of light and air to adjacent property, increase congestion in Streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the City. Upon such finding, the Board of Adjustment shall also consider whether the Applicant has met his burden of showing a practical difficulty or undue hardship as applicable to such variance request or satisfied his burden as to an appeal. Every change granted or denied by the Board of Adjustment shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variation. Staff is hereby authorized to transcribe the Board of Adjustment's findings and decision in written form and the Chairman is hereby authorized to execute such decision upon a finding that such accurately represents the Board of Adjustment's decision. Upon execution of such decision, such decision shall be deemed filed in the office of the Board of Adjustment. The decision of the Board of Adjustment shall be made a part of any building permit in which variation is allowed.
Section 405.150 Variations - Decision Of The Board Of Adjustment.
[R.O. 2009 § 410.060; Ord. No. 3001 § 1, 12-23-2008]
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Director or other 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 this Code.
Section 405.160 Appeals From The Board Of Adjustment's Decision.
[R.O. 2009 § 410.070; Ord. No. 3001 § 1, 12-23-2008]
A.
Any person or persons jointly or severally aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, or by any officer, department, board, or bureau of the municipality affected by any decision of the Board of Adjustment may present to the Circuit Court having jurisdiction in St. Louis County a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality, and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment.
B.
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment for review of the data and records acted upon or it may appoint a referee to take additional evidence in the case. The court may reverse, affirm, or may modify the decision brought up for review.
C.
Costs shall not be allowed against the Board of Adjustment, unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
Section 405.170 Reapplication.
[R.O. 2009 § 410.080; Ord. No. 4091, 1-28-2021]
In the event the Board of Adjustment denies a variance request or an appeal, such decision is res judicata as to that applicant and property, and no request for the same property may be presented to the Board of Adjustment unless the Director in consultation with the City Attorney finds that the application presents a different request or there has been a change of circumstances or new evidence not available during review of the original variance or appeal hearing. No informal requests for advice, reconsideration of the same question, or moot questions will be considered by the Board of Adjustment or any individual member of the Board of Adjustment.