Saint John City Zoning Code
ARTICLE VII
Special Use Procedures
Section 400.320 Processing Procedures for Conditional Use Permits, Planned Development Permits, Special District Permits, Zoning Change, and Zoning Text Amendment.
[CC Ch. 35 §25(1 — 5); Ord. No. 10-174, Ch. 35 §25(1 — 5), 7-1-1974; Ord. No. 996 §§1, 4, 11-19-2012]
A.
It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationships to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and promote the public health, safety, and general welfare. The procedure that follows is promulgated to govern the establishment of such developments and uses.
B.
All applications initiated by petition:
1.
Applications and preliminary development plans for Conditional Use Permits, Planned Development Permits, Special District Permits, and/or a Zoning Change necessary to permit a certain development shall be submitted to the City Council along with such data and information which may be prescribed by the Director of Public Works so as to assure the fullest practicable presentation of facts for analysis and for the permanent record. Said information shall be provided in triplicate and shall include, but not be limited to, the following:
a.
A site plan showing proposed uses and structures.
b.
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
c.
Location of all isolated trees, having a diameter of six (6) inches or more, and all tree masses.
d.
Proposed ingress and egress to the site, including on-site parking areas, parking stalls and adjacent streets.
e.
Proposed landscaping, including type and size of planting and fencing.
f.
Two (2) section profiles through the site showing the preliminary building form and mass.
g.
Gross area of tract stated in tenths (0.1) of an acre.
h.
Area in street right-of-way (existing to remain and proposed).
i.
Net area of tract (gross area minus area in street right-of-way).
j.
When applicable, maximum number of dwelling units allowed under the density restrictions of the particular zoning district.
k.
Maximum number of dwelling units proposed.
l.
Parking ratio (number of parking spaces per proposed dwelling unit).
m.
Distance between buildings.
Said application(s) shall be submitted upon forms furnished by the Office of the Director of Public Works. |
2.
Each application shall be verified by at least one (1) of the owners or authorized representatives of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application.
3.
Upon receipt by the City Council, said application shall be referred to the Planning and Zoning Board for analysis and recommendation. Upon receipt of an application by the Planning and Zoning Board, a meeting shall be called. It is hereby established that a quorum is defined as five (5) voting members of the Planning and Zoning Board. No business can be conducted if less than five (5) voting members are present. Upon the establishment of a quorum at a meeting, the Planning and Zoning Board shall proceed to investigate and report to the City Council as to whether such development is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and is deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of St. John. Said report, recommendation, and possible conditions of approval, if applicable, shall be filed with the City Council within sixty (60) days from the date of receipt of the application by the Planning and Zoning Board, unless an extension of time is granted by the City Council.
[Ord. No. 1100 § 2, 8-15-2016]
4.
Upon receipt of the Planning and Zoning Board report by the City Council a public hearing shall be held by the City Council relative to the matter. Said hearing shall be held within forty-five (45) days from the date the Planning and Zoning Board report is received and filed by the City Council.
5.
Hearing Date — Notice — Posting of Signs:
a.
The City Council shall cause a notice of public hearing to be published at least fourteen (14) days prior to the hearing date. The publication may be in a newspaper of general circulation, or on the City's website and in conspicuous locations in the City Hall. The published notice shall contain the approximate street location, address when possible, locator number if possible, the name of the applicant, the present district classification, the zoning district classification sought if applicable, and the proposed use of the parcel.
b.
The City Council shall cause a sign or signs not less than twenty (20) inches by twenty-six (26) inches to be placed on each parcel of land on which an application for a Conditional Use Permit, a Special District Permit, a Planned Development Permit, and/or a Zoning Change has been filed. Said sign or signs shall be placed on such land at least fifteen (15) days prior to the public hearing to be held by the City Council and shall be posted in a conspicuous place upon said land so as to be clearly visible to the traveled portion of abutting streets. Said sign or signs shall bear thereon in letters not less than three-eighths (⅜) inches in width the following: "PUBLIC HEARING"; and in letters not less than three-quarters (¾) inches in height and not less than one-fifth (1/5) inch in width, the following: "Conditional Use Permit", "Planned Development Permit", "Special District Permit", and/or "Zoning Change" and in letters not less than one-half (½) inch in height and not less than one-tenth (1/10) inch in width, the following: "Application for Conditional Use Permit, Planned Development Permit, Special District Permit, and/or Zoning Change Filed with the City Council". Public hearing will be held (insert date and time) in (insert place).
6.
Within sixty (60) days from the date of the Public Hearing, the City Council may approve or deny the subject request. Approval shall be granted if the Council finds that the proposed development is consistent with good general planning practice; is consistent with good site planning; can be operated in a manner that is not detrimental to the permitted developments and uses in the existing or proposed districts; is visually compatible with the permitted uses in the surrounding area; and is deemed desirable to promote the general welfare of the City of St. John. The recommendations of the Planning and Zoning Board shall not be binding on the City Council which may approve or disapprove the Planning and Zoning Board's findings; provided however, that the affirmative vote of five (5) members of the City Council shall be required to adopt any amendment, modification or revision contrary to the recommendation of the Planning and Zoning Board.
C.
Zoning Change Request not Accompanied by a Conditional Use Permit, Planned Development Permit, or Special District Permit request: Processing procedures following Council approval of a Zoning Change which is not accompanied by a request for a Conditional Use Permit, a Planned Development Permit, or a Special District Permit are the same as those contained in Section 400.310 of this Chapter.
D.
Zoning Change Request Accompanied by a Conditional Use Permit, or Planned Development Permit, or a Special District Request and a request for a Conditional Use Permit, a Special District Permit, or Planned Development Permit without a Zoning Change Request:
1.
In approving a Conditional Use Permit, a Planned Development Permit, or a Special District Permit, the City Council shall impose such conditions or restrictions as it determines necessary to satisfy the criteria established in this Subsection. The conditions or restrictions shall include, but not be limited to the following:
a.
Time limitations for submission of final development plans and commencement and completion of construction.
b.
Uses and activities permitted.
c.
Landscaping, setback, height, parking, circulation, sign, lighting and fencing requirements which are to be shown on the final development plan and subsequently installed, constructed, or complied with.
d.
A statement that any transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the approval.
e.
A statement that all site improvements shall by escrowed and that said escrow shall not be released until said improvements are constructed or installed.
f.
Any additional conditions imposed upon the development by the City Council.
2.
Upon approval by the City Council of an ordinance authorizing a Conditional Use Permit, a Planned Development Permit, or a Special District Permit, the petitioner shall submit a final development plan to the Planning and Zoning Board if deemed necessary by the Public Works Director within the period of time specified in the specific ordinance authorizing the development. Said plan shall include such information as may be required by said Board for adequate consideration of the plan. The plan shall comply with all applicable City ordinances.
3.
After review and approval of the final development plan by the Planning and Zoning Board, a copy of the final development plan shall be recorded by the developer with the Office of St. Louis County Recorder of Deeds. The plan shall be accompanied by the conditions and restrictions of the ordinance authorizing the development.
4.
All conditions relating to or limiting the use, status, or operation of the development after the issuance of a construction permit shall be posted in a conspicuous public place on the premises for at least fifteen (15) days prior to the issuance of an occupancy permit. As long as a substantial part of the development remains in single ownership, or ownership of any part of the property is retained or held by the developer or by trustees with duties imposed by this Chapter or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous place, and failure to do so shall constitute a violation of this Chapter.
5.
No buildings, facilities, establishments or service concerns may occupy or use any portion of the subject tract until the required improvements shown on the approved final development plan are constructed or a performance bond or escrow agreement is posted covering the estimated cost of construction as determined by the Planning and Zoning Board. If the development is to occur in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section must be constructed and installed or a performance bond or escrow agreement posted covering the estimated cost of improvements, as determined by the Planning and Zoning Board.
6.
If substantial construction or development authorized by the Conditional Use Permit, Planned Development Permit, or Special District Permit does not begin within the period of time specified in the conditions of the ordinance authorizing the development, the City Council may, on its own motion or on a recommendation of the Planning and Zoning Board, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval; or, if applicable, void the Conditional Use Permit, Planned Development Permit, or Special District Permit authorizing the development; or both. A public hearing is not required for this rezoning and/or voiding; however, the owner shall be notified of the proposed rezoning and/or voiding prior to the introduction of any bill for said rezoning and/or voiding, Unless otherwise stated at the time of approval of an ordinance authorizing a development, substantial work or construction must be commenced within one (1 year or the approval shall automatically be void.
7.
The time limitations specified in the ordinance for submission of a final development plan and for commencement and completion of construction may be extended by the City Council for reason.
8.
After the recording of a final development plan, changes not inconsistent with the purpose or intent of this Chapter may be approved by the Planning and Zoning Board. Changes affecting the purpose, intent, or concept of this Chapter, or the final development plan, shall require a new application to be filed with the City Council.
E.
Subsequent Application. Upon the grant or denial by the City Council of an application for a Conditional Use Permit, Planned Development Permit, Special District Permit and/or a Zoning Change, no subsequent application requesting a Conditional Use Permit, Planned Development Permit, Special District Permit and/or a rezoning, with reference to the same property or part thereof, shall be filed by any applicant, whether the same person, firm, or corporation, until expiration of twelve (12) months after the final denial or grant.
 |
Section 400.330 Modifications Initiated by the City Council.
[CC Ch. 35 §25(6); Ord. No. 10-1974 Ch. 35 §25(6), 7-1-1974]
A.
The City Council may, on its own motion, amend, supplement, change, modify, or repeal the district boundaries or ordinance text. Prior to such action, a report and recommendation from the Planning and Zoning Board must be received by the City Council and publication of a public hearing notice must appear at least twice in a newspaper printed or published in the City of St. John. However, if no newspaper be printed or published in the City, then said notice shall be published in some daily, tri-weekly, semi-weekly, or weekly newspaper, of general circulation in the City. Publication shall commence not more than thirty (30) nor less than fifteen (15) days before the hearing date. Every affidavit to proof of publication shall state that said publication and the newspaper in which notice was printed has met the requirements of the foregoing provisions and those of Chapter 493, RSMo., 1969, governing legal publications, notice and advertisement. Public notice for such amendments shall not require the posting of any signs. It shall not be necessary to publish notice or hold public hearings on amendments to this Chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Chapter.
B.
In the case of an adverse report by the Planning and Zoning Board or if a protest against such amendment, change, or repeal shall be presented in writing to the City Clerk prior to the holding of said hearing duly signed and acknowledged by thirty percent (30%) of the owners of either the area of the land (exclusive of streets, places, and alleys) included in such proposed change or within the area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the district proposed to be changed; such amendment, supplement, change, modification or repeal shall not become effective except by a favorable vote of five (5) of the seven (7) members of the City Council.
Section 400.340 Appeals.
[CC Ch. 35 §25(7); Ord. No. 10-1974 Ch. 35 §25(7), 7-1-1974]
A.
Any person or persons, including City Officials, jointly or severally aggrieved by any decision of the City Council may appeal such decision back to the City Council, provided that:
1.
Such appeal is accompanied by specific items which either were not included in the original petition or were not adequately explained to the City Council prior to their action on said petition; and, furthermore, there is reason to believe that if such item(s) were included in the original petition the City Council's decision might be reversed or modified.
2.
Such appeal is filed at the Office of the City Clerk within thirty (30) days after the Council's action on the original petition.
3.
Only one such appeal shall be allowed for every person, officer, board or other group of people who may have a shared interest in said petition. However, further appeal to such decisions by the City Council may be presented to the Circuit Court of St. Louis County, as provided in Subsection (B) below.
B.
Any person or persons jointly or severally aggrieved by any decision of the City Council may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified. Said petition shall set forth that such decision is illegal, in whole or in part, and specify the ground of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the Office of the Council.
Section 400.350 Fee Schedule.
[CC Ch. 35 §25(8); Ord. No. 10-1974 Ch. 35 §25(8), 7-1-1974; Ord. No. 996 §5, 11-19-2012]
A.
Prior to any action by the City Council relative to a Conditional Use Permit, Planned Development Permit, Special District Permit, or any amendment, supplement or modification to this Chapter initiated by petition, the petitioner for said Conditional Use Permit, Planned Development Permit, Special District Permit, or amendment, supplement or modification of the boundaries or regulations of any district, shall pay to the City Clerk the sum of money in accordance with the following schedule:
1.
When the area involved is less than one (1) acre: Fifty dollars ($50.00).
2.
When the area involved is at least one (1) acre but less than five (5) acres: Seventy-five dollars ($75.00).
3.
When the area involved is five (5) acres or more: Seventy-five dollars ($75.00), plus five dollars ($5.00) for each acre or fraction thereof over five (5) acres with a maximum of two hundred dollars ($200.00).
4.
For any Special District Permit request: Two hundred dollars ($200.00).
5.
No fee shall be required in the event the rezoning of property is initiated with the City Council or the Planning and Zoning Board.
6.
The cost of a public hearing shall be paid by the applicant.