A Planning and Zoning Commission, also called the "Commission".

The Office of Zoning Enforcement Officer, also called the "Officer".

A Board of Adjustment, also called the "Board".

Procedure for amendments, appeals, permits and variances.

A schedule of fees and penalties.

Advise and recommend to the Board of Aldermen for adoption, based on comprehensive surveys and studies of existing conditions and probable future growth, a plan for the City's physical development, including the location, length, width and arrangements of the streets, alleys, boulevards and parkways; bridges and viaducts; parks, playgrounds, recreation areas or other public grounds or improvements; the platting of public property into lots, streets or alleys; the location of railroad or streetcar lines, transportation or other channels of communication of any kind; the grouping of public buildings; the design and placement of memorials, art works, power and lighting plants, street lighting standards, telegraph, telephone and electric poles, street name signs, billboards or projecting signs; the elimination of railroad grade crossings; and other items pertaining to the welfare, housing, appearance or beauty of the City or any portion thereof.

Recommend in connection with the City plan's execution and detailed interpretation, such changes and adjustments deemed desirable.

Prepare and recommend to the Board of Aldermen rules controlling land subdivision and/or use.

Recommend the approval or disapproval of plats for land subdivision and/or use.

Recommend legislation intended to further the purposes of City planning.

Prepare and have available forms for the following procedure: amendment applications, permit applications, variance applications and any other applications or permits deemed necessary.

Assume such other powers and duties the Board of Aldermen delegates or State Statutes provide relative to planning of the City of Foristell.

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

Hear and decide appeals made by any person or persons severally or jointly aggrieved by any order, requirement, decision or determination made by the Zoning Enforcement Officer or other official in the enforcement of these regulations; affirm, reverse wholly or partly, or modify the order, requirement or decisions appealed from and make such order, requirement or decision as, in its opinion, ought to be made.

Render decisions on appeals when it has been determined that a permit has been incorrectly issued or denied, or when it has determined that the zoning order has been incorrectly interpreted or when the appellant proves undue and/or unnecessary hardship due to the provision or provisions herein contained as applied to a specific lot or tract. In cases of unnecessary or undue hardship, due to a peculiar characteristic of a specific lot or tract is proven, the Board of Adjustment may issue a variance, signed by the Chairman and setting out the terms of the variance, as long as there is no substantial detriment to the public good and without substantially impairing the intent, purpose and integrity of the zoning plan as embodied in this zoning ordinance. In no case shall the Board of Adjustment decide an appeal from legislative action of the Board of Aldermen.

Fix a reasonable time for the hearing of appeals and give public notice thereof by publication at least one (1) time in a local newspaper of general circulation not less than five (5) nor more than fifteen (15) days prior to said hearing. The Board shall also give notice by U.S. mail to the owners or agents of property adjacent, abutting or fronting upon the property involved in the appeal. The Board shall render its decision within thirty (30) days of such hearing. At the hearing any party may appear in person or by agent or by attorney. The appellant and the Zoning Officer appealed from shall be notified in writing of the decision of the Board of Adjustment.

Take appeals to the Board by any owner, lessee or tenant of land or public officer, department, board or bureau affected by any decision of the Planning and Zoning Commission. Such appeals shall be made within a period of no more than sixty (60) days and in the manner provided by the rules of the Board of Adjustment. An appeal shall stay all proceedings of the action appealed, unless the Zoning Officer shall certify to the Board by reason of facts, that in his/her opinion, imminent peril to life, property or the public good is at stake.

Be subject to a required majority vote of the Board's full membership (four (4) of the five (5)) to decide in favor of any applicant's appeal.

The Zoning Officer shall transmit to the Board all papers constituting the record upon which the action appealed was taken.

Shall require the appellant to submit the proper application requesting an appeal or variance, such legal descriptions, maps, plans and other information to completely describe the decisions or interpretation being appealed and the reason therefor, along with the names and addresses of the residents and/or owners of property adjacent, abutting or fronting on the property in dispute.

The action of the Board of Adjustment shall be final unless an appeal is taken to the District Court of the County within thirty (30) days therefrom. No case shall be reopened nor shall any application be accepted constituting the same appeal involving the same property upon which the Board has taken final action for at least one (1) year from the date of said final action.

Any person jointly or severally may present to the District Court of the County a petition, duly verified, setting forth that a Board decision is illegal, in whole or part, and specifying the grounds of the illegality, such petition to be presented to the court within thirty (30) days from the Board of Adjustment's final action relative thereto, and the court may wholly or partly reverse, affirm or modify the decision brought for review.

Attend all regular meetings of the Board of Aldermen, the Planning and Zoning Commission and the Board of Adjustment.

Have the right of entry at any reasonable time to cause any building, structure, place or premises to be inspected and examined; the right to order in writing the remedying of any condition found therein violating any requirement of these regulations; and the right to issue a stop order by written notice served on any person engaged in doing such work or causing such condition found in violation of these regulations and such person(s) served shall cease such activity until authorized by the Officer to proceed.

Maintain permanent and current records of all the transactions relative to these regulations, including but not limited to, mapping, meetings, applications, issue permits or other dispositions and provide an information service for the citizens of the City of Foristell on all matters concerning zoning therein.

Examine all applications for zoning-related permits and/or for administration action and determine if said applications and submissions therewith conform to all provisions of these regulations.

If all provisions of these regulations have been met:

Initiate, direct and review from time to time a study of the provisions of this Chapter and make such reports available to the Planning and Zoning Commission at least annually or more often as directed.

Initiate and direct for review applications for land use and/or land subdivision.

Amendments. The Board of Aldermen may amend the regulations imposed in the districts created by this Title and amend said district boundary lines provided such amendment conforms to the purpose and intent of these regulations, according to the following procedure:

Appeals. The decision of the Board of Aldermen shall be final unless an appeal is taken to the District Court of the County within thirty (30) days. The court may wholly or partly reverse, affirm or modify the decision of the Board of Aldermen.

Permits. The following permits and the procedures for obtaining them are established:

Building and zoning. Zoning permits shall be a part of the building permit and hereafter referred to as building permits:

(Reserved)

Transitional areas. Any land or use facing or adjacent to (either directly or across a public street), or overlapping into, a zoning district permitting uses characteristically different in use or intensity from those of the district in which the subject property or use is located is eligible for its owner or legal agent to apply for a transitional area permit thereby placing the subject land or use under the jurisdiction of the said adjacent district.

Uses not listed. The amendment procedure shall be followed for establishing a use not previously identified in these regulations after determination is made by the Planning and Zoning Commission based on the following:

General. In each instance where approval of a use or development of property is made subject to conditions by the Board of Aldermen or Board of Adjustment, by issuance of a conditional use permit, transitional area permit or variance, a copy of the document shall be:

Conditional uses are land uses which are considered by the City to be essentially desirable, necessary or convenient to the community but by their nature or their operation may generate large amounts of traffic, may attract a large number of persons to the site of the use, thus creating noise or other pollutants, may have a detrimental effect upon the value or potential development of other properties in the neighborhood, or a potential for accidents or danger to public health and safety. These uses require the consideration and exercise of planning judgment on location, operation and site planning.

It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. The location of such uses shall not be in conflict with the Comprehensive Plan. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in each particular zoning district under conditional uses.

An application for a conditional use permit shall be filed with the Zoning Officer and transmitted to the Planning and Zoning Commission on the approved form at least twenty (20) days prior to any regular Commission meeting. Additional submissions may be required, to include a plot plan and other such details necessary to properly assess the suitability of the use within the subject district.

The applicant shall file a declaration of the use to be made by the owner if the application is granted. The declaration must provide the land use will be solely that which is stated in the application and if such use is abandoned or is proposed to be changed, the subsequent use shall be in conformity with the zoning restrictions in the underlying zoning district.

With the application, a plot plan showing the legal dimensions of the tract, location of all improvements and existing structures, grade elevations, setback requirements, location and type of any screening effort, specific plan for restoring the land after the conditional use is abandoned or discontinued and such other items as the Commission shall deem reasonably necessary to properly process the application.

Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning and Zoning Commission and filed with the City Clerk. The application shall be filed on forms prescribed for that purpose by the Commission and be accompanied by the following:

Public hearing. All applications shall be subject to a public hearing before the Planning and Zoning Commission. The City Clerk shall hold the public hearing within forty-five (45) days of receipt of a complete application. To be complete the application must contain the minimum application information requirements. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Commission, be continued. At least fifteen (15) calendar days' notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation within the City. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning and Zoning Commission or the Board of Aldermen.

Burden of proof. In presenting an application for a conditional use permit to the City for review and approval, the burden of proof shall rest with the applicant to provide any necessary evidence required by the Commission or Board of Aldermen to clearly indicate that the proposed conditional use shall meet the following criteria:

Permit effective — when. A conditional use permit or an amendment thereto shall become effective following approval of the application by the Board of Aldermen pursuant to receipt of a report from the Planning and Zoning Commission. In the event that a conditional use permit is filed in conjunction with a change in zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some other governmental authority or agency requires some additional approval, the permit shall not become effective until that approval is received.

Effect of denial. Following denial by the Board of Aldermen of an application for a conditional use permit, the City Clerk shall notify the applicant in writing of such denial. No subsequent application for the same use with reference to the same property or part thereof concerning the same conditional use shall be filed by any applicant until the expiration of twelve (12) months after the denial. Although the applicant is restrained from reapplying for a twelve (12) month period, no provision herein shall be construed to prevent the Commission or the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time within that twelve (12) month period or later.

Protest by nearby property owners. In case a protest against such conditional use is presented, duly signed, notarized and acknowledged by the owners of more than thirty percent (30%) of the area of land (exclusive of public streets and alleys) included in such proposed change; or of the owners of thirty percent (30%) of the land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant form the boundaries of property upon which the conditional use will be located, such conditional use shall not become effective except by the favorable vote of three-quarters (¾) of all the members of the Board of Aldermen. A notice of protest must be filed within the ten (10) calendar days following the Planning and Zoning Commission's decision, be in writing, filed in duplicate with the City Clerk and accompanied by the signatures and addresses of the property owners involved. The notice of protest shall include a notarized verification from the person(s) collecting the protestants' signatures that all signatures are correct and real. Protestants' signatures and printed names shall match the record of property ownership within the St. Charles County and/or the Warren County Recorder of Deeds office as applicable. The protest shall specifically state how the application, as initially filed or subsequently modified, meets (or fails to meet) the criteria set forth in this Code.

Board of Aldermen review of decision. The Board of Aldermen shall review the Planning and Zoning Commission's decision on an application for a conditional use permit at the regularly scheduled meeting of the Board of Aldermen pursuant to the report of the Planning and Zoning Commission on the application as received.

Public hearing by the Board of Aldermen. Before initiating any review or acting on any protest, the Board of Aldermen shall set the matter for hearing. Written notice of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days prior to the public hearing. The applicant, any citizen of the City of Foristell, and all other parties of interest shall be permitted to speak at the hearing.

Board of Aldermen decision. Following the hearing by the Board of Aldermen, the Board may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of two-thirds (⅔) of the members of the Board of Aldermen shall be required to reverse or modify any determination of the Commission.

Amount. The amount of the deposit shall be determined by the City Engineer and shall be sufficient to insure completion of the improvements within the time period specified by the approval.

Legal form. The selected performance guarantee shall be reviewed and approved by the City Attorney as to legal form.

Release of guarantee. The City Clerk shall refund to the applicant, after verification, amounts of any deposits equivalent to the ratio of the work completed to the entire improvements secured. Such refunds shall not exceed ninety-five percent (95%) of the total deposit held. Upon completion of all the secured improvements in conformance with all applicable City standards and specifications verified by the City Engineer, the final five percent (5%) shall be released.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

All procedures requiring public hearings shall require the cost of publication and postage of mailed notices to be paid by the applicant.

All procedures requiring for their evaluation professional services such as surveying or engineering shall require the costs of said services to be paid by the applicant.

No fee shall be charged where the change or request is initiated by the Planning and Zoning Commission or the Board of Aldermen.

Amendments, conditional use, temporary use, transitional area and variances; fifty dollars ($50.00).

Rezoning, one hundred fifty dollars ($150.00).

Building/zoning permits. Amount specified in Appendix A of this Chapter.

If any erection, construction, reconstruction, alteration, conversion, maintenance or use is begun without obtaining the proper permit and paying the proper fee, the fee will be double the normal fee.

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 Sections 89.010 to 89.140, RSMo., or of this Zoning Code, the City of Foristell, 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 legal 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 the 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 whether such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days for each and every day such violation shall continue, or by both such fine and imprisonment.

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 and/or two hundred fifty dollars ($250.00).