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Fenton City Zoning Code

CHAPTER 410

Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures

Section 410.010 Classification Of Zoning Districts.

[R.O. 2009 § 415.010; Ord. No. 3890, 1-24-2019[1]]
A. 
The purpose of classifying Zoning Districts is to regulate and/or restrict:
1. 
The location of all uses and Structures;
2. 
The Bulk Requirements for any Lot or any Structure hereafter erected or Structurally Altered;
3. 
The maximum Lot coverage of the Lot Areas;
4. 
All other minimum and maximum requirements for any use, Lot, or Structure located within the City.
B. 
To ensure that the City keeps within the spirit and intent of this Code, the City is hereby divided into the following Zoning Districts:
"R-1" District
Residential District
"R-2" District
Residential District
"R-3" District
Residential District
"R-4" District
Residential District
"PG" District
Public and Governmental District
"PR" District
Parks and Recreation District
"OT-1" District
Olde Towne District
"OT-2" District
Olde Towne District
"OT-3" District
Olde Towne District
"OT-4" District
Planned Olde Towne District
"OT-5" District
Olde Towne District
"BP-1" District
Business Park District
"BP-2" District
Business Park District
"BP-3" District
Business Park District
"BP-4" District
Planned Business Park District
"C-1" District
Commercial District
"C-2" District
Commercial District
"CP-1" District
Commercial Business Park District
"HP-1" District
Hospitality Business Park District
"IP-1" District
Industrial Park District
"PID" District
Planned Industrial Development District
[1]
Editor's Note: Former Chapter 415, Zoning Districts, comprised of Sections 415.010 through 415.050, was repealed 1-24-2019 by Ord. No. 3890.

Section 410.020 Interpretation, Purpose, And Conflicts.

[R.O. 2009 § 415.020; Ord. No. 3890, 1-24-2019]
The interpretation and application of the provisions of this Code shall include that the provisions are to be held to the minimum requirements for the promotion of the public health, convenience, comfort, morals, prosperity, and general welfare.

Section 410.030 Scope Of Restrictiveness.

[R.O. 2009 § 415.030; Ord. No. 3890, 1-24-2019]
A. 
Alterations Of Structure And/Or Land.
1. 
Except as provided within this Code, no Structure and/or Lot shall be erected, converted, enlarged, reconstructed, or Structurally Altered, nor shall any Structure or Lot be used except for a purpose permitted in the Zoning District in which the Structure or Lot is located.
2. 
Except as otherwise provided within this Code, no Structure and/or Lot shall be erected, converted, enlarged, reconstructed, or Structurally Altered except in conformity with the regulations of the Zoning District in which the Structure and/or Lot is located.
3. 
Except as provided within this Code, every Structure hereafter erected or Structurally Altered shall be located on a Lot of Record and in no case shall there be more than one (1) Principal Building or Structure on one (1) Lot.
B. 
Yard And Density Regulations. The Yard and Density regulations required by this Code are minimum regulations for each and every Lot.
C. 
Conditions Of Use.
1. 
Except as otherwise permitted herein or set forth in other codes and ordinances of the City, all activities within a Non-Residential District shall be conducted wholly within an enclosed Structure, except as allowed by Permitted Uses and Uses allowed by Special Use Permit.
2. 
This Code prohibits the placement of any Residential Dwelling Unit within any Non-Residential District, except for "OT-1," "OT-4," and "OT-5," Districts as provided for under the Land Use Matrix (see Chapter 420) and in conformity with the Comprehensive Development Plan.
[Ord. No. 4419, 3-28-2024]

Section 410.040 Official Zone District Map And Boundary Regulations.

[R.O. 2009 § 415.050; Ord. No. 3890, 1-24-2019]
A. 
The locations and boundaries of the approved Zoning Districts are shown upon the Official Zone District Map, attached hereto and made a part of this Code. The Official Zone District Map, together with all officially authorized notations, references, and other information shown thereon and all amendments thereto, shall be part of this Code and shall have the same force and effect as if the Official Zone District Map, together with all notations, references and other information shown thereon, were fully set forth and described herein.
B. 
The Director or his/her designee shall maintain the Official Zone District Map and shall be responsible for making any officially approved changes thereto.
C. 
Whenever any public Street or Alley is vacated by official action of the Board, the Zoning District adjoining each side of each Street or Alley shall be automatically extended to the center of such vacation and all area included in the vacation shall then be subject to all appropriate regulations of the extended Zoning Districts.
D. 
Where uncertainty exists with respect to the boundaries of the various Zoning Districts as shown on the Official Zone District Map, the following rules shall apply:
1. 
Unless otherwise shown or designated, where the Zoning District boundaries are either Streets or Alleys and where the Zoning Districts designated on the Official Zone District Map are bounded approximately by Street or Alley lines, the center line of such Street or Alleys shall be construed to be the boundary of the Zoning District.
2. 
Where the Zoning District boundaries are not otherwise indicated, and where the property has been or may be divided into blocks and Lots, the Zoning District boundary shall be construed to be the Lot Lines. Where the Zoning Districts designated on the Official Zone District Map are bounded approximately by Lot Lines, the said Lot Lines shall be construed to be the boundary of the Zoning Districts unless the boundaries are otherwise indicated on the Official Zone District Map.
3. 
In the case of unsubdivided property, the Zoning District boundary lines on the Official Zone District Map shall be determined by the use of the scale appearing on the Official Zone District Map.
E. 
Properties with Zoning Districts classified under the St. Louis County Zoning Code in effect at the time of annexation shall be the zoning classification assigned by St. Louis County until such time that the City rezones such annexed properties. When possible, the City shall rezone such property at the same time the property is annexed into the boundaries of the City.
F. 
All areas within the boundaries of the City which are underwater and not shown as included with any Zoning District shall be subject to all the regulations of the Zoning District which immediately adjoins the water area. If the water area adjoins two (2) or more Zoning Districts, the boundaries of each Zoning District shall be construed to extend into the water area and in a straight line until they meet the other Zoning Districts.
G. 
The City may from time to time formally amend the Official Zone District Map of the City by ordinance as may be deemed appropriate in the public interest. Such ordinance shall be adopted in accordance with the mandatory requirements for amending Zoning District boundaries and regulations as set forth in Sections 89.050 through 89.060, RSMo., and once approved, the Director, or his/her designee, shall be authorized to amend the Official Zone District Map accordingly. Any revisions made to the Official Zone District Map thereafter by the Director, or his/her designee, as authorized by this Section 410.040(G), shall include the placement on the Official Zone District Map of the date to which such has been revised.

Section 410.050 Procedures For A Change In Zoning.

[R.O. 2009 § 420.030; Ord. No. 2865, 10-25-2018]
Whenever the public necessity, convenience, general welfare, and good zoning practice require, the Board may order, after a Public Hearing and report thereon by the Commission, and subject to the procedure provided in this Code, an amendment, supplement, or change in the regulations, Zoning District boundaries, or classification of Property. Amendment, supplement, reclassification, or change (including Special Use Permits) may be initiated by the Chairman of the Commission, the Director, the Board, or by a verified application of one (1) or more of the owners or authorized representatives of the owners of Property within the area proposed to be changed.

Section 410.060 Petitions For Change, Filing Fee, Form And Contents.

[R.O. 2009 § 420.040; Ord. No. 2865, 10-25-2018]
A. 
Process For Filing Petitions. The following procedure shall be implemented for filing a petition:
1. 
Petitions for any change of zoning, boundaries, or any reclassification of zones as shown on the Official Zone District Map shall be addressed to the Board and filed with the Community Development Department at least thirty (30) days before the next scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the Applicant. The petition shall specify the location of the proposed change in zoning and as necessary include the height, area, and Site Plan for the Lot. The Site Plan, if provided, shall include a legal description, Lot and Building footing dimensions, appropriate Zoning District Setback, landscaping, Off-Street Parking Area requirements, contours and drainage ways, proposed easements, public improvements, and, if possible or necessary, an artist's rendering in the horizontal view. At the time the petition is filed, a fee shall be paid to the City. The fees for a change in zoning shall be as set forth in Addendum A.[1]
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to this Chapter.
2. 
The petition will be on forms prescribed for this purpose by the Director and accompanied by such data and information which may be prescribed for by the Commission or Director so as to assure the fullest practicable presentation of facts for the Commission to consider in their review. Upon receipt at the department, the Director shall review the application as to form. Upon determination of the Director that the form of the application is appropriate and all necessary information is provided, the Director will present the matter to the Commission.
3. 
Each such petition shall be verified by at least one (1) of the owners or authorized representatives of the owners of Property proposed to be changed. Each Applicant shall attest to the truth and correctness of all facts and information presented with the application.
B. 
Public Meeting And Commission Decision. The Commission, within sixty (60) days of the date of the filing of a complete petition at determined by the Director, shall conduct a public meeting at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a change in zoning. The Commission shall allow public comment. The Commission shall thereafter conduct a deliberation and discussion of the petition and vote whether to grant the change in zoning. A simple majority of the Commission is required to have a positive recommendation to the Board. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation. The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for such recommendation.
C. 
Notice For Public Hearing. Upon referral of the petition from the Commission, the petition shall be set for Public Hearing before the Board. The Director shall cause public notice of such hearing to be given. The notice procedure shall be as follows:
1. 
Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. In addition, for development-initiated change of zoning petitions, 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. For non-development-initiated changes in zoning (i.e., text amendments or Zoning Code revisions), notice of the time and place of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance, supplemented by announcement in the City's monthly newsletter and/or website.
2. 
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 zoning change has been filed.
a. 
Sign or Signs shall be placed on such Lot 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."
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 zoning change pending before the Board.
d. 
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.
3. 
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.
4. 
Such notice shall contain the approximate Street location or address, the name of the person seeking such zoning change, the present zoning classification, and the zoning classification sought or the nature and reason of such request.
5. 
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.
D. 
Public Hearing. Prior to consideration of an ordinance approving any such zoning change, the Board shall conduct a Public Hearing at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a change in zoning. The Board shall then hear any person wishing to speak in favor of the petition, after which time the Board shall hear any person wishing to speak in opposition to the petition, after which time the Applicant may address or rebut any issues presented. The Board shall then close the public participation portion of the hearing.
E. 
Board Decision. After the Commission has advised the Board of its recommendation of approval or negative recommendation and after conducting said Public Hearing, the Board shall review the same and consider the petition by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact.
F. 
Appeal/Protest. In case of written protest against any change in zoning regulations, restrictions, or boundaries 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 a 250-foot distance from the boundaries of the Zoning District proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of the full Board. The provisions of this Section shall apply equally to all changes or amendments.

Section 410.070 Reapplication.

[R.O. 2009 § 420.050; Ord. No. 4091, 1-28-2021]
In the event that the Board of Aldermen denies an application under Sections 410.050, 410.060, or 410.080 of this Article, a reapplication for the purposes of further review of the same application shall not be accepted by the City until twelve (12) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Director that substantial new evidence not available during review of the original application will be presented.

Section 410.080 Procedures For Obtaining A Special Use Permit.

[R.O. 2009 § 420.020; Ord. No. 2865, 10-25-2018]
A. 
Purpose. To ensure certain uses are subject to special controls and/or conditions to ensure such use is compatible with the applicable Property within various Zoning Districts, certain uses may be permitted by Special Use Permit after analysis and judgment of the effect of each such use by the Commission and the Board to ensure that the public health, safety, and general welfare are protected and preserved.
B. 
Procedure. The following procedure shall be implemented in the consideration and determination of the issuance or non-issuance of the Special Use Permit:
1. 
Applications. Applications for Special Use Permits shall be filed with the Community Development Department at least thirty (30) days before the next regularly scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the Applicant. The application shall be on forms prescribed for this purpose by the Director and include a Site Plan for the Lot. The Site Plan shall be in accordance with Chapter 435, Article II. The application shall specify the use sought to be permitted by the Special Use Permit. The Director may require submittal of a traffic study when deemed appropriate. The application shall further state why the use is needed and the Applicant's opinion as to the effect of the use on surrounding Lots. At the time that the application is filed, a fee shall be paid to the City. The fees for Special Use Permits shall be set forth in Addendum A.
2. 
Owner-Verification Required. Each application requesting a Special Use Permit shall be verified by at least one (1) of the owners or authorized representatives of the owners of such affected Lot. Each Applicant shall attest to the truth and correctness of all facts and information presented with the application.
3. 
The Director Shall Review The Application As To Form. Upon the determination by the Director that the form of the application is appropriate and all required information has been provided, the Director will present the matter to the Commission. The application shall be set for consideration before the Commission within sixty (60) days of the date of the filing of a complete application, as determined by the Director. The notice of the meeting shall include the posting of public notice on the affected property.
4. 
Commission Meeting And Recommendation.
a. 
The Commission, after public notice, shall conduct a public meeting at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a Special Use Permit. The Commission may allow public comment on each petition. The Commission shall thereafter conduct a deliberation and discussion of the application, giving due consideration to each of the following:
(1) 
Said use is designated, located, and proposed to be operated in a manner that the public health, safety, and general welfare will be protected.
(2) 
Visual compatibility with surrounding land uses, including Building Height, form, materials, and landscaping.
(3) 
Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress to and within the Site; traffic control; adequacy of Off-Street Parking Spaces.
(4) 
Said use will not cause substantial injury to the value of adjacent Lots or other Lots in the surrounding area.
(5) 
The use authorized by Special Use Permit will conform to the applicable regulations of the Zoning District in which it is to be located.
b. 
These discussions shall be in public forum, but no public participation shall be allowed. After review and deliberation, a simple majority of the Commission is required to constitute a positive recommendation to the Board. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation.
5. 
Commission Report To Board. The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for such recommendation. The Commission shall also recommend special conditions, if any, to the Board.
6. 
Notice For Public Hearing. Upon referral of the petition from the Commission, the Special Use Permit shall be set for Public Hearing before the Board. The Director shall cause public notice of such hearing to be given as follows:
a. 
Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. 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.
b. 
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 Special Use Permit has been filed with the City.
(1) 
Sign or Signs shall be placed on such Lot 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.
(2) 
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."
(3) 
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 Special Use Permit pending before the Board.
(4) 
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.
c. 
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.
7. 
Public Hearing. Prior to consideration of an ordinance approving any Special Use Permit, the Board shall conduct a Public Hearing at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request. The Board shall then hear any person wishing to speak in favor of the petition, after which time the Board shall hear any person wishing to speak in opposition to the petition, after which time the Applicant may address or rebut any issues presented. The Board shall then close the public participation portion of the hearing.
8. 
Board Decision. After the Commission has advised the Board of its recommendation and after Public Hearing, the Board shall review the petition as such relates to and satisfies the criteria for issuance of a Special Uses Permit, after which time, the Board shall consider the issuance of the Special Use Permit by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact. The Special Use Permit permitted by ordinance shall contain the special terms and conditions of the Special Use Permit which shall be strictly adhered to by the Applicant.
9. 
The Special Use Permit shall be reviewed annually by the Director to assure that the use, Lot, and Building are in compliance with the terms of the Special Use Permit. If the Director determines non-compliance with the Special Use Permit, notice of non-compliance shall be forwarded to the holder of the Special Use Permit. Failure to achieve compliance within a reasonable time, but not less than ten (10) days' notice of the Director shall be deemed cause to terminate the Special Use Permit. Upon fifteen (15) days' notice, the Commission may cause a hearing to be held to determine whether or not the property or use is in compliance, and if deemed to be in non-compliance, the Commission may recommend to the Board termination of the Special Use Permit. The Board by ordinance may terminate the Special Use Permit acting upon the recommendation of the Commission.

Section 410.090 Non-Conforming Uses Or Structures.

[R.O. 2009 § 420.010; Ord. No. 3865, 10-25-2018[1]]
A. 
In General. This Section governs Non-Conforming Uses or Structures, as defined by Section 400.030.
B. 
General Provisions.
1. 
Structures may be built on Lots of Record that were made non-conforming by this Code as to size, width, or area; provided, however, that such Structures shall conform to Setbacks and other regulations of the Zoning District in which the Lot is located.
2. 
No Non-Conforming Use shall be enlarged or extended unless such use is changed to a Permitted Use or Use allowed by Special Use Permit and complies with the requirements in the Zoning District in which the use is located. No Non-Conforming Structure shall be enlarged, reconstructed, or Structurally Altered unless it is brought into compliance with the requirements in the Zoning District in which the Structure is located, except as otherwise provided herein.
3. 
No Non-Conforming Use or Structure shall be moved in whole or in part for any distance whatsoever to any other location on the same or any other Lot unless the entire Structure or use shall thereafter conform to the provisions of the Zoning District in which it is located after being moved.
4. 
The existence of any present Non-Conforming Use or Structure anywhere in the City shall not be considered grounds for issuance of a Variance at another location.
5. 
The number of Dwelling Units in a Non-Conforming Residential Dwelling shall not be increased.
6. 
If a Non-Conforming Structure is damaged by fire, explosion, acts of God, or public rioting to the extent of sixty percent (60%) or less of its reconstruction value as determined by data in the office of the Assessor of St. Louis County, it may be restored and not lose its non-conforming status; provided, however, that its restoration may not result in the Non-Conforming Structure or Use being enlarged.
C. 
Ordinary Repair And Maintenance.
1. 
The normal maintenance and repair or the replacement, installation, or relocation of non-bearing partitions, fixtures, wiring, or plumbing may be performed on any Structure that is Non-Conforming or that contains a Non-Conforming Use. Neither this nor any other provision of this Section shall be interpreted to authorize any increase in the size or degree of the Non-Conforming Use or Structure.
2. 
Nothing in this Section shall be deemed to prevent the strengthening or restoring of a Non-Conforming Structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such Structure to be unsafe and orders its restoration to a safe condition.
D. 
Discontinuance Of Non-Conforming Use Or Structure.
1. 
In the event the Non-Conforming Use or use of a Non-Conforming Structure is discontinued for a period of nine (9) months, regardless of an intent not to abandon or to again resume such Non-Conforming Use or occupy or use such Non-Conforming Structure, any subsequent use or occupancy of such Non-Conforming Structure shall comply with provisions of this Code, including of the regulations of the Zoning District in which the Structure or use is located.
2. 
Where no enclosed Structure is involved, in the event the Non-Conforming Use or use of the Non-Conforming Structure is discontinued for a period of three (3) months, regardless of an intent not to abandon or to again resume such use or occupy or use such Structure, any subsequent use or occupancy of such Structure shall comply with provisions of this Code including those of the Zoning District in which the Structure or use is located.
3. 
Nothing in this Code shall prevent the continuance of a Non-Conforming Use or Structure as authorized in this Code unless a discontinuance is necessary for the safety of life and property.
E. 
Transfer Of Ownership. A Non-Conforming Use or Structure or the Lot on which such is located may be sold or transferred by its owner or any future owner or owners, and such new and future owner and owners shall be entitled to continue the Non-Conforming Use or Structure in conformance with this Section.
[1]
Editor's Note: This ordinance also repealed former Article III, Zoning Districts - General Information, comprised of Sections 420.010 through 420.040.