Lake Saint Louis City Zoning Code
CHAPTER 400
General Provision
Section 400.000 Title.
[Ord. No. 4190,[1] 2-1-2021]
A.
Title IV, Chapters 400 through 430 of the Lake Saint Louis Municipal Code shall be officially known and cited as the "Lake Saint Louis Development Code," and are referred to herein as "this Code," or "these regulations." References to "zoning regulations," "subdivision regulations," "sign regulations," or similar may be interpreted as references to specific parts of this Code.
[1]
Editor's Note: This ordinance also repealed former Title IV, Land Use, in its entirety. Former Title IV included Chapter 400, Boards and Commissions — Land Use and Development, derived from CC 1988 §§ 27.300, 27.310, 27-500, 27.518, 27.520, 27.600, 27.610, 27.800 and 27.810, as amended; Chapter 405, Development Regulations and General Provisions, derived from CC 1988 §§ 40.010 through 40.850, as amended; Chapter 410, Zoning Districts and Regulations, derived from CC 1988 §§ 42.010 through 42.916, as amended; Chapter 415, Subdivision Regulations, derived from CC 1988 §§ 41.010 through 41.150, as amended; Chapter 420, Supplementary Use Regulations, derived from CC 1988 §§ 43.010 through 43.050, 43.200 through 43.220, 43.410 through 43.440, 43.610 through 43.640, and 43.810 through 43.860, as amended; Chapter 425, Development Standards, derived from CC 1988 §§ 44.010, 44.020, 44.110 through 44.270, 44.300 through 44.450, 44.600, 44.610, 44.650, 44.660, 44.700, 44.710, 44.750, 44.900, 44.910, as amended; Chapter 430, Additional Development Standards, derived from CC 1988 §§ 46.010 through 46.055, 46.200 through 46.290, 46.400 through 46.560, 46.600 through 46.680, 46.700 through 46.717, and Ord. No. 3985, as amended; Chapter 435, Urban Redevelopment, derived from CC 1988 §§ 45.101 through 45.134, as amended; and Chapter 445, Floodplain Management, derived from Ord. No. 1110, adopted 7-15-1996, as amended.
Section 400.010 Effective Date.
[Ord. No. 4190, 2-1-2021]
A.
This Code was adopted by the Board of Aldermen by Ordinance No. 4190 and became effective on February 1, 2021.
Section 400.020 Intent And Purpose.
[Ord. No. 4190, 2-1-2021]
A.
It is the intent and purpose of this Code to promote the public health, safety, morals and general welfare of the City of Lake Saint Louis and to implement the policies, goals, and strategies adopted by the City, including those set forth in the City's Comprehensive Plan.
B.
More specifically, this Code has the following general purposes:
1.
Promote orderly, efficient, and integrated development within the City;
2.
Provide for a variety of housing and neighborhood types and densities at a range of housing costs;
3.
Regulate the development and use of land based upon the impact of such development or use on surrounding areas of the City;
4.
Provide minimum standards for the design and improvement of land, subdivision, and development to ensure that each building site is capable of accommodating a structure devoted to the intended use of the land; and
5.
Ensure equitable processing of development proposals by providing uniform procedures and standards.
Section 400.030 Authority.
Section 400.040 Applicability And Conflicting Provisions.
[Ord. No. 4190, 2-1-2021]
A.
This Code shall apply to all land, buildings, structures, and uses in the corporate limits of the City of Lake Saint Louis, Missouri, including any land added to the corporate limits after such land has been legally annexed or consolidated.
B.
If the provisions of this Code are inconsistent with those of the State or Federal Government, the more restrictive provision will control to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
C.
If the provisions of this Code are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
D.
This Code is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. The provisions of this Code will control whether they impose a greater or lesser restriction than imposed by a private agreement. The City does not enforce or maintain a record of private agreements.
Section 400.050 Compliance Required.
[Ord. No. 4190, 2-1-2021]
A.
No permit or approval that is subject to this Code shall be issued or granted by any department, agency, City official, or City employee without a finding of compliance with this Code by the appropriate decision-making authority.
B.
Unless otherwise stated in this Code, no building or structure shall be erected, converted, enlarged, reconstructed, or altered without a determination of substantial compliance with this Code; and, no land shall be used except for a purpose permitted in the zoning district in which it is located.
C.
Whenever any subdivision of land or adjustment of property boundaries is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the property owner, or his/her authorized agent, shall apply for and secure approval of such proposed plat in accordance with the procedures of this Code.
Section 400.060 Severability.
[Ord. No. 4190, 2-1-2021]
A.
If any court of competent and final jurisdiction declares any part of this Code to be invalid, that ruling shall not affect any other provisions of this Code not specifically included in that ruling.
B.
If any court of competent and final jurisdiction declares that the application of this Code to a particular property or structure is invalid, that ruling shall not affect the application of the regulations to any other property or structure, or projects with different circumstances.
C.
No provision of this Code shall enable any circumstance which is unlawful under superseding Federal or State law.
D.
If any section, subsection, sentence, clause, phrase, or portion of this Code is now, or in the future, superseded or preempted by State or Federal law, or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
Section 400.070 Transition From Prior Regulations.
[Ord. No. 4190, 2-1-2021]
A.
Development Approvals.
1.
Any development approved under regulations in effect prior to the effective date of this Code may be carried out under the terms and conditions of the approval and the requirements in effect at the time of approval, provided that the approval has not expired.
2.
If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.
B.
Pending Applications.
1.
Applications that have been deemed complete prior to the effective date of this Code may be decided under the regulations in effect when the application was determined to be complete, or may be reviewed and decided under this Code at the request of the applicant.
2.
Applications that were not deemed complete prior to the effective date of this Code shall be subject to the procedures and regulations of this Code.
C.
Prior Violations.
1.
If a development or activity in violation of the prior development regulations fully complies with this Code, it shall no longer be deemed a violation.
2.
Unpaid fees and/or penalties accrued under the previous regulations are still valid and remain the responsibility of the violator under the previous regulations.
Section 400.080 City Staff.
[Ord. No. 4190, 2-1-2021]
A.
Community Development Director.
1.
The Community Development Director (or his/her designee) is responsible for the administration, interpretation and enforcement of this Code.
2.
The Community Development Director shall have the review and decision-making responsibilities identified in Table 405.010, Summary Table of Application Procedures, and elsewhere in this Code and shall serve as staff liaison to the Planning and Zoning Commission and Board of Adjustment.
B.
Public Works Director.
1.
The Public Works Director (or his/her designee) is responsible for the interpretation of the engineering design, construction, operation and maintenance of public improvements specified under these regulations.
2.
The Public Works Director shall advise the Community Development Director on any technical specifications and engineering designs and may make any final administrative decisions authorized under the procedures and standards of these regulations.
C.
Building Official.
1.
The Building Official (or his/her designee) is hereby authorized and directed to enforce the Comprehensive Building Code of the City of Lake Saint Louis, Missouri, as defined in Section 500.010(A)(1) of the Municipal Code, Building Code and Permit; to issue all building permits and to execute all inspections required or regulated by the Comprehensive Building Code; to collect all fees for building permits and inspections according to the adopted fee schedule; and to perform all other duties necessary to carry out the intent and purpose of the City's Comprehensive Building Code.
Section 400.090 Planning And Zoning Commission.
[Ord. No. 4190, 2-1-2021]
B.
Composition.
1.
The Planning and Zoning Commission shall consist of nine (9) members who shall serve without compensation and shall include the Mayor, if the Mayor chooses to be a member, a member of the Board of Aldermen selected by the Board of Aldermen, if the Board of Aldermen chooses to have a member serve on the Planning and Zoning Commission, and seven (7) residents of the City appointed by the Mayor and approved by the Board of Aldermen.
D.
Vacancy.
1.
Any vacancy in a membership shall be filled for the unexpired term by appointment under the same process as new appointments.
E.
Chairman And Staff.
1.
The Planning and Zoning Commission shall elect its Chairperson annually from among the citizen members and shall consult with City employees as necessary for its work. Subject to approval by the Board of Aldermen and appropriation of funds, the Commission may use the services of third party professionals as it deems necessary.
F.
Meetings And Records.
1.
The Commission shall hold regularly scheduled meetings and special meetings as provided by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records unless otherwise closed pursuant to applicable law.
Section 400.100 Board Of Aldermen.
[Ord. No. 4190, 2-1-2021]
A.
In addition to other general authority authorized by law and as specified in Chapter 110, Article I, of the Municipal Code, Board of Aldermen - Generally, the Board of Aldermen shall have the specific review and decision-making authority identified in Table 405.010, Summary Table of Application Procedures.
Section 400.110 Board Of Adjustment.
[Ord. No. 4190, 2-1-2021]
B.
Composition.
1.
The Board of Adjustment shall consist of five (5) members who shall be residents of the City of Lake Saint Louis and shall hold no other office or position in the City Government.
2.
Members shall serve without compensation and shall be appointed by the Mayor with the approval of the Board of Aldermen.
3.
Three (3) alternate members shall also be appointed to serve in the absence of or disqualification of a regular member.
4.
The regular members of the Board of Adjustment shall, from time to time, determine their own rules regarding a method of selecting which alternate members will be called upon.
C.
Terms.
D.
Vacancy.
1.
Vacancies upon the Board shall be filled for the unexpired term of any member whose term becomes vacant in the same manner as provided for the appointment of such member.
E.
Chairman.
1.
The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.
F.
Meetings And Records.
1.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine.
2.
Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
3.
All meetings of the Board shall be open to the public unless otherwise closed pursuant to applicable law.
4.
The Board shall keep minutes of its proceedings, showing the vote of each member upon question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
5.
All testimony, objections thereto and rulings thereon, shall be taken down by a court reporter and shall be transcribed by a court reporter upon request of the Board of Adjustment.
Section 400.120 Permits And Approvals.
[Ord. No. 4190, 2-1-2021]
A.
It shall be unlawful to conduct any development or use of land and buildings until all applicable development review and approval processes have been followed, all applicable standards have been applied, and all applicable approvals, permits or other authorizations have been issued.
Section 400.130 Enforcement.
[Ord. No. 4190, 2-1-2021]
A.
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 Code or other regulation made under authority conferred hereby, the proper local authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
B.
Such regulations shall be enforced by the Community Development Director, who is empowered to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this Code.
C.
The City may investigate and initiate proper actions or proceedings to prevent or terminate any activity or condition that is in violation of these regulations, including revoke or withhold any permits, prevent the sale or lease of property, correct or abate the nuisance, withhold any public improvements, or penalize and initiate legal proceedings to prevent the continuance of unlawful actions or conditions.
D.
The Community Development Director and his/her designees are authorized to inspect any building, structure, or premises in the City or to perform any duty imposed upon him/her by these regulations. Any inspection conducted of other activity on private property shall only be undertaken with the consent of the owner or occupant of such property or a search warrant issued by a court of competent jurisdiction.
Section 400.140 Violations And Penalties.
[Ord. No. 4190, 2-1-2021]
A.
The owner or other person in control of a building or premises where a violation of any provisions of this Code 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, other person in control, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the 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, upon a plea or finding of guilt, be punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful, the violation shall be punishable by a fine of not less than one hundred dollars ($100.00) and up to the maximum amount under State law for each and every day that such violation shall continue.
Section 400.150 Schedule Of Fees, Charges And Expenses.
Section 400.160 Purpose.
[Ord. No. 4190, 2-1-2021]
A.
The purpose of this Article is to regulate and limit the development and continued existence of uses, structures, lots, signs, and site features that were lawfully established prior to the effective date of this Code, but that no longer conform to the requirements of this Code.
B.
All such situations are collectively referred to in this Article as "nonconformities."
C.
While nonconformities may continue, the provisions of this Article are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this Code and achieve the goals of the City.
Section 400.170 All Nonconformities.
[Ord. No. 4190, 2-1-2021]
A.
Authority To Continue.
1.
Nonconformities may continue to be used, occupied and maintained subject to the requirements of this Article.
B.
Illegal Nonconformities.
1.
Uses, buildings, structures, lots, site features, and signs that were not lawfully established prior to the effective date of this Code are considered illegal nonconformities and will not become legal by virtue of its enactment.
2.
Any use, building, structure site feature, or sign that is operated or constructed in a nonconforming manner without lawful authorization in accordance with provisions of this Code shall be deemed illegal nonconforming. All operation and/or construction shall cease until such time as proper and required approvals and permits are obtained.
3.
Illegal nonconformities must be immediately brought into compliance with all ordinances of the City.
C.
Determination Of Nonconforming Status.
1.
The burden of establishing existing nonconforming status shall rest with the owner of the property containing the nonconformity.
D.
Maintenance And Repairs.
1.
Minor maintenance and repairs of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree or intensity of the nonconformity. Minor maintenance and repairs include:
a.
Maintenance and repairs necessary to update the interior or exterior appearance or to mitigate unsafe conditions that do not expand the height or footprint of a structure or use, including installation or relocation of nonbearing walls, nonbearing partitions, fixtures, equipment, wiring, roofing, and plumbing.
b.
Maintenance and repairs necessary to mitigate health, safety or environmental hazards that do not increase the nonconformity.
E.
Damage Or Destruction.
1.
When a nonconformity is damaged or destroyed by any intentional act of the owner or agent on behalf of the owner without a proper permit or approval, it shall not be restored except in conformity with the regulations of the district in which the nonconformity is situated and all other applicable regulations contained herein. Any additional nonconformities on the same property or associated with such nonconformity shall also lose any legal nonconforming status.
2.
When a nonconformity is damaged by fire, explosion, act of God or the public enemy to the extent of less than fifty percent (50%) of its reasonable value, it may be restored to its original condition, provided that such work is commenced within one (1) year of such event.
3.
When a nonconformity is damaged by fire, explosion, act of God or the public enemy to the extent of more than fifty percent (50%) of its reasonable value, it shall not be restored except in conformity with the regulations of the district in which the use is situated and all other applicable regulations contained herein.
Section 400.180 Nonconforming Uses.
[Ord. No. 4190, 2-1-2021]
A.
Use And Limitations.
1.
Except as otherwise expressly authorized, a nonconforming use may not be changed to any use other than a use allowed within the zoning district in which the use is located.
2.
When a nonconforming use has been changed, in whole or in part, to an allowed use, it may not be changed back to a use that is not allowed.
3.
A change of use will be deemed to occur when an existing nonconforming use has been terminated and an allowed use has commenced.
4.
Any change in use will be deemed an abandonment of the previous nonconforming use.
5.
In the event that a nonconforming use is discontinued for a period of one (1) year, all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.
B.
Alterations.
1.
Nonconforming uses shall not be enlarged, extended or expanded to occupy a greater area of land or structure unless such use is modified to conform to the requirements of this Code.
2.
Nonconforming uses may be reduced in size or density and maintain legal, nonconforming status.
3.
Maintenance and repairs shall conform to regulations outlined in Section 400.170(D), Maintenance and Repairs.
C.
Relocation.
1.
Nonconforming uses shall not be moved or relocated, in whole or in part, to any other portion of a parcel, lot or structure not already occupied by the use on the date of adoption or amendment of this Code, unless such move would render the use compliant with current regulations.
2.
Nonconforming uses shall not be moved or relocated, in whole or in part, to any other/different location, parcel, lot or structure unless such move would render the use compliant with current regulations.
Section 400.190 Nonconforming Buildings And Structures.
[Ord. No. 4190, 2-1-2021]
A.
Use And Limitations.
1.
A nonconforming building or structure may be utilized for or occupied by any use allowed in the applicable zoning district, subject to all applicable use standards.
B.
Alterations.
1.
Nonconforming buildings and structures shall not be enlarged, expanded, extended or structurally altered in any way that would increase the nonconformity.
2.
Modification to buildings and structures that would result in any of the following conditions may be allowed:
a.
The building or structure would conform to the requirements of this Code (for example, an existing one-story portion of a structure located over a setback line is removed and a two-story addition conforming to the setback requirement is constructed);
b.
The reduction in the nonconformity (for example, a structure is located over the required setback and a portion of the structure is removed, but not enough to completely comply with the setback requirement);
c.
The enlargement, expansion, extension or alteration conforms to current regulations (for example, a house is located over a setback on one side yard and an addition is constructed on the other side that conforms to the setback, not altering the side with the nonconformity); or
d.
The alteration would not increase the nonconformity (for example, a building is taller than the maximum allowed height and a new tenant completes an interior remodel that does not change the height or area of the building).
e.
Maintenance and repairs shall conform to regulations outlined in Section 400.170(D), Maintenance and Repairs.
C.
Relocation.
1.
Nonconforming buildings and structures shall not be relocated or moved, in whole or in part, for any reason or any distance on the existing parcel or lot or to a new parcel or lot, unless such relocation would result in the building or structure complying with the requirements of this Code.
Section 400.200 Nonconforming Lots.
[Ord. No. 4190, 2-1-2021]
A.
Use And Limitations.
1.
A nonconforming lot that was made nonconforming by virtue of enactment of this Code or dedication of a street right-of-way may be used for construction of a building allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met.
2.
The boundaries of such lot may be altered so long as the adjustments do not increase the nonconformity (for example, a boundary adjustment increases the size of lot that is below the minimum lot area requirement, but not enough to make the lot conforming).
3.
Should an existing structure located on a nonconforming lot be demolished, the legal nonconforming lot shall maintain buildable status and any new construction shall conform to the requirements of this Code.
Section 400.210 Nonconforming Site Features.
[Ord. No. 4190, 2-1-2021]
B.
Upgrading Of Nonconforming Site Features.
1.
Nonconforming site features shall be upgraded to comply with this Code's minimum requirements when the following development activities occur:
a.
An addition to or expansion of one (1) or more structures that, over a two-year period, would increase the total gross floor area of the structures by more than fifty percent (50%); or
b.
A remodeling of one (1) or more structures that, over a two-year period, would cost more than fifty percent (50%) of the current assessed value of the structures.