St Charles County Unincorporated
City Zoning Code
City Zoning Code
PART 4
ADMINISTRATION AND PERMIT PROCEDURES
Section 405.510 Conditional Use Permits. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 01-111 §4, 9-26-2001; Ord. No. 03-142 §1(82—84), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §49, 6-2-2010; Ord. No. 13-060 §2, 8-12-2013; Ord. No. 17-008 § 5, 1-30-2017; Ord. No. 17-072 § 1, 8-4-2017]
A.
Except as otherwise provided for in Section 405.515, Fireworks Permits, applications for conditional use permits for uses specifically authorized for consideration in the district use regulations shall be made to the Division of Planning and Zoning. The Division of Planning and Zoning shall refer the application to the Planning and Zoning Commission for public hearing. A public hearing, as defined in Section 405.060 of this Chapter, shall be held and a report and recommendation shall be filed by the Planning and Zoning Commission with the County Council within ninety (90) days of the date of the public hearing held before the Commission. If the Planning and Zoning Commission fails to file said report and recommendation with the County Council within ninety (90) days, the application shall be forwarded to the County Council with a favorable recommendation. Following the report by the Planning and Zoning Commission the Governing Body shall review and render the final decision on the application based upon the record created pursuant to Section 405.511. It shall require the affirmative vote of five (5) County Council members to overturn a negative recommendation of the Planning and Zoning Commission on any conditional use permit application. For the purpose of investigating an application for a conditional use permit and monitoring compliance with it, an applicant authorizes the Community Development Department's staff, or staff of other agencies at the Department's direction, to enter and inspect the subject property while work authorized by that permit is in progress. This authority shall cease upon completion of that work and closure of the permit.
B.
Before authorizing the issuance of a conditional use permit, the County Council may impose such conditions as will, in the County Council's judgment, ensure that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger public health, safety, or general welfare; that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or to the esthetic and/or scenic values of the vicinity, nor substantially diminish and impair property values within the neighborhood; and that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Substantial compliance with an approved concept plan shall be a condition of an approved conditional use permit. In any case where a conditional use is not in place and in active use within two (2) years from the date of granting, and/or in accordance with the terms of the conditional use originally granted or subsequently amended, then, without further action by the Planning and Zoning Commission and/or the County Council, the conditional use, or authorization thereof, shall be null and void. All conditional use permits approved prior to January 1, 2019, and set to expire during the period of the declared COVID-19 state of emergency, shall be granted an extension of time from the end of the two (2) year period stated in the specific conditional use permits, through August 31, 2023, before each conditional use is null and void. All conditional use permits approved on or after January 1, 2019, and set to expire during the period of the declared COVID-19 state of emergency, shall be granted an extension of time from the end of the two (2) year period stated in the specific conditional use permits, through December 31, 2023, before each conditional use is null and void.
[Ord. No. 20-090, 11-9-2020; Ord. No. 21-093, 11-29-2021; Ord. No. 22-030, 5-9-2022; Ord. No. 22-089, 12-19-2022; Ord. No. 23-061, 6-26-2023]
C.
The fee as set by ordinance shall accompany an application for a conditional use permit. In addition to the fee, an application for a conditional use permit shall include the following:
1.
A copy of the recorded deed to the subject property showing the accurate name of the current ownership entity or person; and
2.
A legal description of the subject property (if not included on the deed); and
3.
A concept plan as set forth in Section 405.523 indicating the intended use and future development of the subject property along with the applicant's narrative statement as to how the proposed conditional use or uses will be conducted on the property; and
4.
A completed owners' authorization form containing the signatures of all owners of the subject property and all other individuals who will represent them in the application.
D.
All such complete applications shall be set down for public hearing before the Planning and Zoning Commission not later than the second regular monthly meeting of the Planning and Zoning Commission from the date of filing of the same. Notice of such public hearing shall be posted at least fifteen (15) days in advance thereof in one (1) or more public areas of the Administration Building of the County and on the St. Charles County Government website. Notice shall also be given, at least fifteen (15) days before the public hearing, by First Class Mail to all owners of any real property within five hundred (500) feet of the parcel of land for which the conditional use permit is proposed, except when the parcel of land for which the conditional use permit is proposed is located in an Agricultural Zoning District and more than seventy-five percent (75%) of the linear boundary of said parcel adjoins property located in an Agricultural Zoning District, in which case, notice shall be mailed to all owners of any real property within two thousand (2,000) feet of the parcel of land for which the conditional use permit is proposed.
[Ord. No. 19-015, 3-25-2019]
E.
The concept plan mentioned above does not replace the site plan requirements of Section 405.525 which shall be a condition for granting any conditional use permit for which a site plan is required by Section 405.525(B). After an application for a conditional use permit has been approved pursuant to this Section, the application for approval of the separate site plan required by Section 405.525(B) may be made in writing to the Department of Community Development. The Director of Community Development shall review the application for approval of the separate site plan required by Section 405.525 and determine whether there is one (1) or more variation(s) between the concept plan required by this Section 405.510 and the separate site plan required by Section 405.525. If there is/are such variation(s), then the Director of Community Development shall determine if the requested variation(s) is/are minor or major as defined below. After such determination, the site plan's variation(s) from the approved concept plan shall be reviewed as set forth herein.
1.
Minor Variation. If the Director of Community Development deems any one (1) of the requested variations to be minor, the Director or the Director's designee may grant or deny or modify the variation(s).
"Minor variation" for purposes of this Section shall mean variations which do not alter the original design characteristic of the approved concept plan. Minor variations are limited to any one (1) or two (2) (but not more) of the following:
a.
Any reduction of the gross square footage of a conditional use (whether a building footprint or exterior premises dedicated to the conditional use), or an increase of no greater than fifteen percent (15%) of that conditional use, provided the proposed lot layout and transportation system remain substantially as shown on the concept plan; or
b.
A minor change in the orientation or location of buildings and/or off-street parking, provided the proposed lot layout and transportation system remain substantially as shown on the concept plan and such relocation is no closer to any occupied residence or the boundary of any agricultural or residential zoning district; or
c.
Relocating stormwater infrastructure, accessory structures, and fences, provided the proposed lot layout and transportation system remain relatively unaffected; or
d.
Changes to the type of proposed landscaping or natural vegetation (with the exception of screening and/or buffer yard requirements) and any increase in the extent of proposed landscaping or natural vegetation; or
e.
Variations similar in nature to those listed herein, as determined by the Director of Community Development.
2.
Major Variation. Any variation which is not deemed by the Director of Community Development to be a minor variation as described in Subsection (E)(1), immediately preceding, shall be a major variation. If the Director of Community Development deems the requested variation(s) to be major, the Director shall refer the variation(s) to the Planning and Zoning Commission for consideration under Subsection (F) below as a requested amendment of a condition of an existing conditional use permit.
F.
The application, having complied with the procedures above and having received a recommendation from the Planning and Zoning Commission, advances to the Council as a bill for introduction at the next available Council meeting. Within five (5) business days after the Council meeting, the matter shall be referred to a hearing officer to conduct a formal hearing pursuant to the Administrative Review Procedures set forth in Section 405.511, OSCCMo, unless the applicant and the Department of Community Development stipulate to the record established to that date and waive the formal hearing requirements. However, referral of any matter to a hearing officer to conduct a formal hearing shall in no event be construed to prohibit the applicant and the Department of Community Development from stipulating to the record established and waiving the formal hearing requirements as of any time thereafter, up to the date and time of the hearing. The bill shall not be second read until the record is complete and findings of fact and conclusions of law have been prepared, made part of the record and incorporated into the bill.
G.
After the administrative review procedures set forth in Section 405.511 below have been exhausted, any application for a conditional use permit that does not receive final approval of the County Governing Body may not be resubmitted to the Planning and Zoning Commission as a new application for a period of at least twelve (12) months from the date of the County Governing Body's final decision, except in cases where the use requested in the new application differs from that presented in the original application.
H.
In order to amend the conditions of an existing conditional use permit, the procedure shall be as follows:
1.
The property owner or authorized representative shall submit a written request to amend conditions to the Planning and Zoning Division for review. The Division shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
2.
The Division shall then forward the request and its report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed condition amendments and file a report with the County Council in which the Planning and Zoning Commission shall grant, deny or modify the requested condition amendments. If the Planning and Zoning Commission determines that the requested condition amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, and not consistent in purpose and content with the nature of the conditions imposed by the Governing Body, the request shall be considered as a new CUP application and the review and final decision on the request shall be rendered pursuant to, and as provided for, in the provisions of this Section 405.510 and Section 405.511 applicable to new CUP applications.
3.
If the Planning and Zoning Commission determines that the requested condition amendments are consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, and also consistent in purpose and content with the nature of the conditions imposed by the Governing Body, it shall not require a new public hearing on the matter, and it shall forward its approval report and recommendation to the Governing Body for final decision. The County Executive may forward the recommendation of the Planning and Zoning Commission to the Council for placement on the County Council's Consent Agenda.
Section 405.511 Administrative Review Procedures.
[Ord. No. 17-072 § 2, 8-4-2017]
A.
Applicability.
1.
The administrative review procedures set forth in this Section shall apply to all decisions on Conditional Use Permit (CUP) applications, except those set forth in Section 405.515, Fireworks Permits.
2.
This Section shall be construed to provide for the objective and fair review of all claims that are subject to the administrative review process provided for herein. Nothing contained herein shall be construed to limit the ability of the County's Planning and Zoning Commission or County Council to lawfully fulfill their respective duties and functions.
B.
Administrative Review By A Hearing Officer.
1.
A hearing officer shall preside over the formal hearings of the administrative reviews conducted under the provisions of this Section. Any person serving as a hearing officer shall be an attorney at law licensed to practice law in Missouri.
2.
To the fullest extent permitted by law, the administrative review process set forth herein shall be exhausted before any action may be filed in any court against the County Council or the officers, employees, boards, officials, members or commissions of St. Charles County.
C.
Administrative Review Process. The following procedures shall govern the administrative review of a CUP application decision:
1.
Planning And Zoning Commission Recommendation. A recommendation from the Planning and Zoning Commission on the subject CUP application shall be obtained before the subject of the CUP application decision is referred to the administrative review hearing process.
2.
Upon receiving the case for administrative review, the hearing officer shall provide notice of the institution of a case to all the necessary parties, if any, and to all persons to whom County ordinance indicates, or Department of Community Development and the applicant may determine, that notice should be given. A permanent record shall be kept of the persons notified, their addresses and the date and time when each notice was sent, and, if applicable, any notice achieved by publication. The notice of institution of a case shall state, in substance:
a.
The caption and number of the case; and
b.
That a CUP application was filed, the date when it was filed and the name of the party filing for the CUP; and
c.
A brief statement of the matter involved in the case; and
d.
That the parties to the administrative review hearing shall submit by affidavit or otherwise any information deemed necessary by the hearing officer and the deadline by when a party shall submit such information to the hearing officer; and
e.
That case documentation will be provided to the applicant electronically but that a copy of the case documentation in any other format may be obtained from the hearing officer upon request, pursuant to the provisions of Chapter 610, RSMo., Open Records Law, giving the contact information where the request for such a copy must be made.
3.
Hearing Notice. After the deadlines for submitting the affidavits as required in this Section, the hearing officer shall set the hearing time and place and shall mail a notice of the hearing to all persons and parties to whom a notice of institution of the case was mailed and to other necessary parties, if any, to whom the hearing officer determines that notice of the hearing should be given. The hearing notice shall state:
4.
Hearing Requirements. Unless the parties stipulate to all relevant facts and the record and waive the formal hearing, each formal hearing shall:
a.
Provide a video record of the proceedings (or, at the option and cost of the applicant, provide the record by audio, stenographic, or other reliable means of recording capable of transcription); and
b.
Permit the parties to introduce evidence under oath, to call and examine witnesses under oath, and to cross-examine opposing witnesses on any matter relevant to the issues; and
c.
Follow the formal rules of evidence; and
d.
Enable the Governing Body to render written findings of fact and conclusions of law.
5.
Nothing herein regarding the administrative hearing requirements shall prevent a decision by the Governing Body on any CUP application matter where there is no genuine dispute as to the relevant facts, the parties have stipulated to the relevant facts and the record and have waived the formal hearing.
D.
Upon the conclusion of the formal hearing, or upon the parties stipulating to the relevant facts and waiving the formal hearing, the Governing Body shall reach the final decision, to include issuing findings of fact and conclusions of law, which shall become part of the record that would be subject to judicial review of the contested case. The Governing Body's approval of the hearing record shall constitute the Governing Body's final action on the subject CUP application. No decision on any CUP application shall become final for purposes of judicial review until the effective date of the Governing Body's final action.
Section 405.515 Fireworks Permits. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 04-086 §1, 6-14-2004; Ord. No. 07-193 §8, 12-27-2007]
A.
Conditional use permits are required for temporary fireworks stands in unincorporated St. Charles County. No fee is charged for filing a conditional use permit application for a fireworks stand. Applications for conditional use permits for fireworks stands must be accompanied by the following:
1.
A site plan, drawn to scale, showing all structures on the property, both permanent and temporary, parking areas, storage facilities, etc. The site plan must indicate the dimensions of the property and the exact location of all structures, including distances from property lines and between structures.
2.
A letter from the owner(s) of the property on which the stand is located, authorizing the operation of a fireworks stand on the property, dated, and notarized not earlier than sixty (60) days prior to the date of the application.
A fee shall be charged to applicants for a land use permit for the operation of a fireworks stand. The fee charged shall be based upon the following schedule:
Stands up to 1,000 square feet | $2,000.00 | ||
Stands 1,000 square feet and above | $4,000.00 | ||
The above fees shall apply to sales areas only. No fee shall apply to storage areas. Storage areas may include tractor trailers, trucks, vans, automobile trailers, or other permanent or temporary vehicles or structures. | |||
Temporary on-premise fireworks signs and banners, not exceeding four hundred (400) square feet. Approval for the fireworks sign or banner shall accompany the issuance of the fireworks conditional use permit before the sign or banner is to be erected. Such signs or banners must be removed within twenty-four (24) hours of the last day of sales. | |||
Applications for temporary fireworks stands conditional use permits shall be made to the Division of Planning and Zoning. The Division of Planning and Zoning shall refer the applications to the Planning and Zoning Commission for public hearing. A public hearing, as defined in Section 405.060 of this Chapter, shall be held. The Planning and Zoning Commission shall have authority to grant such permits. After the conditional use permit for temporary fireworks stands has been approved by the Planning and Zoning Commission, the Director of the Division of Planning and Zoning shall indicate such approval upon the conditional use permit for a temporary fireworks stand application. If, however, such permit is denied by the Planning and Zoning Commission, the conditional use permit for temporary fireworks stand must then be approved by an ordinance. It shall require the affirmative vote of five (5) County Council members to overturn a negative recommendation of the Planning and Zoning Commission on any temporary fireworks stands conditional use permit application. | |||
In approving conditional use permits for temporary fireworks stands in unincorporated St. Charles County, the Planning and Zoning Commission and Director of the Division of Planning and Zoning shall, at their discretion, impose specific conditions upon the operation of fireworks stands. These conditions shall be intended to promote the health and safety of the general public during the operation of fireworks stands. In all cases these conditions shall include the restrictions on commercial operations imposed by Section 210.105, Ordinances of St. Charles County, Missouri. These conditions shall be made known to the applicants at the time of application, and they shall be included with each land use permit for a fireworks stand. Applicants for conditional use permits for fireworks stands will have an opportunity to comment upon these conditions during the public hearing on their applications before the Planning and Zoning Commission. | |||
Section 405.520 Development Standards For Certain Conditional Uses. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(85), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 12-090 §6, 11-27-2012]
A.
Manufactured Home Subdivisions And Manufactured Homes And Modular Structures Not Meeting The Provisions Within Section 405.090(B)(13). For all properties within the "R1A", "R1B", "R1C", "R1D" and "R1E" Zoning Districts, manufactured home subdivisions, manufactured homes and modular structures not meeting the provisions within Section 405.090(B)(13) require a conditional use permit and must adhere to the following conditions. In order to be approved the manufactured home subdivision, manufactured home or modular structure must be found to have design compatibility with other dwellings in the "review area", which is the area within three hundred (300) feet of the subject lot or parcel; or the nearest five (5) dwellings if there are no developed lots within three hundred (300) feet. The criteria for determining acceptable compatibility shall be based upon a review of the following design elements:
1.
Roofing and exterior siding shall be similar in color, material and appearance to the roofing material and exterior siding commonly used on residential dwellings within the community or comparable to the predominant materials used on dwellings within the review area.
2.
The home shall be placed on an excavated and back-filled foundation and enclosed continuously at the perimeter with material comparable to the predominant materials used in foundations of surrounding dwellings.
3.
The home shall be multi-sectional with a minimum width of twenty (20) feet.
4.
A garage of like materials and color as the attached dwelling is required where similar features are predominant in the review area. A carport may be allowed if other dwellings in the review area also have carports or if there is a mixture of dwellings with or without garages or carports. The garage or carport may be required to be attached if other dwellings in the review area have attached garages.
5.
The home shall have a predominant shape, bulk and form that are compatible with the surrounding neighborhood.
6.
The home shall have wheels, axles and hitch mechanisms removed.
7.
The home shall meet appropriate utility connection standards in accordance with County codes.
8.
Architectural compatibility may include the need for gables, recessed entries, covered porch/entry, bay window, roof overhangs, building off-sets, deck with railing or planters and benches or other accessory structures.
9.
The home shall be placed on a lot so that its longest axis is oriented consistent with homes in the review area.
10.
The home shall have a comparable square footage to housing within the review area.
11.
The lot or parcel on which a manufactured home or modular structure is placed shall be owned by the same entity owning the manufactured home or modular structure.
B.
Centralized Yard Waste Composting Facilities. In the "A", "I1", and "I2" Zoning Districts, centralized waste composting facilities require a conditional use permit and must adhere to the following conditions:
1.
The facility must be operated on a site of not less than one (1) acre for every one thousand (1,000) cubic yards of compost material.
2.
Windrows of compost material must be located a minimum of two hundred (200) feet from all property lines and a minimum of five hundred (500) feet from any residence.
3.
The portion of the property containing the compost material must be fenced.
4.
The facility may not be located in a floodway, floodway fringe, or density floodway.
5.
The owner(s) of the facility will be required to submit to the Division of Planning and Zoning a plan of operation, detailing such information as how often the windrows will be turned, the type of machinery that will be used, hours of operation, and the intended use of the end compost product. The facility may not operate until this plan has been approved, and no deviation from the plan will be permitted without County approval.
6.
The owner(s)/operator(s) of the facility will be required to submit to the County Division of Environmental Services of the Community Health and the Environment Department a monthly report containing the amount of compost material accepted at the facility during the preceding month. The amount of compost material may be reported by weight or by volume. Each month's report will be due by the fifteenth (15th) of the following month.
7.
A site plan for the facility must be submitted to and approved prior to the operation of the facility.
C.
D.
Resource Recovery Facilities. In the "I1" and "I2" Zoning Districts, resource recovery facilities require a conditional use permit and must adhere to the seven (7) conditions in Subsection (E) of this Section.
E.
Trash Transfer Stations. In the "I1", and "I2" Zoning Districts, trash transfer stations require a conditional use permit and must adhere to the following seven (7) conditions:[3]
1.
The facility must be operated within an enclosed building.
2.
The facility must be fenced to prevent the escape of materials from the waste stream and/or recyclable materials.
3.
The facility shall not accept hazardous waste of any type. For purposes of this regulation, "hazardous waste" shall be defined as any waste or combination of wastes, as determined by the Hazardous Waste Management Commission of the State of Missouri, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness, or pose a present or potential threat to public health or the environment.
4.
Recyclable material stored outside the enclosed building must be contained or stored inside covered storage to prevent nuisance, hazard, or unsightly appearance.
5.
No on-site disposal of solid waste of any kind shall be allowed.
6.
In the case of recycling centers and resource recovery facilities, the owner(s)/operator(s) of the facility will be required to submit to the County Division of Environmental Services of the Community Health and the Environment Department a monthly report containing the amount of recyclable material removed from the waste stream at the facility during the preceding month. The report must also include where the recyclable materials were sent. Each month's report will be due by the fifteenth (15th) of the following month.
7.
A site plan for the facility must be submitted to and approved prior to the operation of the facility.
F.
Agriculture- Or Winery-Related Tourism Conditional Uses. Agriculture- or winery-related tourism conditional uses in the "AT" Agricultural Tourism District require a conditional use permit and shall adhere to the following conditions.
[Ord. No. 14-072 §4, 7-14-2014]
1.
Agriculture- and winery-related tourism conditional uses shall be on sites meeting the following conditions, none of which may be waived or varied so as to reduce or eliminate any of these conditions, except as provided in Section 405.520(F)(6).
a.
The tract on which any agriculture- or winery-related tourism conditional use is sited shall contain no less than forty (40) acres and shall have five (5) acres or more of wine grapes cultivated there.
b.
Such agriculture- or winery-related tourism conditional use or uses may occupy no more than a total of seven percent (7%) of the tract's total acreage, and that seven-percent-footprint on any tract shall be compact and contiguous unless such factors as topography, soil conditions, or structures pre-dating July 14, 2014, justify dispersal of the use or uses over more than one (1) site. In calculating the area to be included within the seven-percent-footprint for any agriculture- or winery-related tourism conditional use or uses:
(1)
All structures and all exterior premises dedicated to agriculture- or winery-related tourism conditional use or uses, including parking areas serving such use or uses, shall be included. However, exterior premises occupied by on-site sewage disposal systems or water supply systems or driveways or roads that serve or lead to such use or uses shall be excluded.
(2)
Cellular paving. For cellular paving that makes up less than or equal to fifty percent (50%) of the total parking area, fifty percent (50%) of such cellular paving area shall be excluded. For cellular paving that makes up greater than fifty percent (50%) of the total parking area, twenty-five percent (25%) of the total parking area shall be excluded. For purposes of this section, "cellular paving" shall be defined as a parking or driving surface incorporating a pattern of voids (cells) comprising more than thirty percent (30%) of the surface area, and planted and maintained with grass or other living groundcover.
(3)
Enhanced landscaping. One-third (1/3) of parking areas that incorporate enhanced landscaping amounting to at least thirty-five (35) square feet per space shall be excluded. Landscaped areas should be dispersed throughout the parking area and should be provided for every five (5) spaces. Deciduous trees at least three (3) inches in caliper or evergreen trees at least six (6) feet in height, and other shrubbery and/or ornamental grasses shall be planted within landscaped parking lot areas. Trees shall not be pruned in a manner that inhibits their normal growth.
(4)
Patios. Patios (or portions thereof) that are not enclosed, not covered, and not visible from property lines shall be excluded. Fifty percent (50%) of the area of patios that are not enclosed, not covered, but visible from property lines shall be excluded if such patio is set back at least five hundred (500) feet from the front property line and at least two hundred fifty (250) feet from side and rear property lines.
(5)
Existing Structures. Any existing structure on the tract shall be included, except that any agriculture- or winery-related tourism permissive use pursuant to Section 405.085(B) shall be excluded.
c.
The remaining acreage of the tract occupied by such agriculture- or winery-related tourism conditional use or uses may be used only for the agricultural or open-space uses identified in Section 405.085(B), which may include the growing of wine grapes or the use of land masses and natural vegetation to screen the agriculture- or winery-related tourism conditional use or uses from adjacent tracts of land, except that an already duly permitted nursery may be allowed within the remaining acreage of the tract as a non-conforming use.
d.
An agriculture- or winery-related tourism conditional use, including all exterior premises dedicated to such use, shall be set back from all frontages and perimeter lot lines by at least one hundred fifty (150) feet.
e.
Agriculture- or winery-related tourism conditional use or uses may be no closer to the perimeter of any other such uses that are situated on other tracts of land than one-half (½) mile.
2.
Structures for any and all agriculture- or winery-related tourism conditional use or uses located on a single tract of land shall meet the following architectural design standards, which may not be waived or varied, except as provided in Section 405.520(F)(7).
a.
All structures for such agriculture- or winery-related tourism conditional use or uses shall have:
(1)
A common or unified architectural design or theme; and
(2)
Gabled or pitched roofs (with roof pitches at least 7/12); and
(3)
Rooftop equipment (if any) that is fully screened on all four (4) sides; and
(4)
Exterior walls that are built or clad in at least two (2) different materials, which shall be either stone, brick, or wood; and
(5)
Facades and roofs that have varied wall or roof planes and trim or features (bays, gables, dormers, overhangs, porches, etc.) to create shadow lines; and
(6)
Fencing, walls, hedges, landscaping, berms, natural buffers or any combination thereof that screens uses or portions of uses, including but not limited to facilities for entertaining or serving patrons, for parking, or for storing refuse, that adversely affect adjacent properties or the character of an "A" Agricultural or "AT" Agricultural Tourism zoning district.
b.
No structure used for any agriculture- or winery-related tourism conditional use may be built of metal or have any metal siding.
c.
No structure used for any agriculture- or winery-related tourism conditional use shall have more than two (2) stories above grade, except as provided below.
d.
No structure used for a business/conference/lodging center shall have more than three (3) stories above grade.
e.
Any winery shall be at least three hundred (300) feet from any church.
f.
The Community Development Director is authorized to promulgate an Architecture and Site Design Manual to provide further guidance for architectural and design standards for agricultural- or winery-related tourism conditional uses.
3.
The site plan and all architectural plans for any agriculture- or winery-related tourism conditional use shall include:
a.
Architectural design plans demonstrating how the applicant shall meet the architectural design standards of this Subsection;
b.
Site plans demonstrating:
(1)
How the site's vistas and the open and rural character of the site's vicinity are preserved by setting the site's agriculture- or winery-related tourism conditional use or uses back from roadways and lot lines as provided in these regulations, by clustering those uses, and/or by preserving forested areas and roadside vegetation on the site; and
(2)
Compatibility of the proposed agriculture- or winery-related tourism conditional use or uses and its/their design with surrounding structures and land uses, with or without natural vegetation and land massing to screen that use from adjacent tracts of land.
c.
Plans for required infrastructure improvements such as provision of water service, sewage disposal, utility service, and access to public roads and highways;
d.
Statements of the expected number of employees and visitors to be accommodated daily during the months of April through October, and during the remaining months of the year in the case of any use or uses on a given tract of land expected to generate more than three thousand (3,000) gallons of wastewater per year.
4.
The Director of Planning and Zoning may also require:
a.
Plans for on-site security, fire protection and emergency services; and
b.
A traffic impact analysis including expected access routes, traffic volume, peak hours of operation, projected road improvements, and traffic controls necessary to accommodate the proposed facility's uses and volumes, along with written evidence of approval by Missouri Department of Transportation and/or another local government for any concepts or designs for road improvements or traffic signalization that may be within their jurisdiction.
5.
Records demonstrating compliance with the requirements of a "winery" as defined in Section 405.060 shall be made available to the Community Development Director upon request.
6.
Existing structures.
a.
Any structure that predates July 14, 2014, on a tract of an agriculture- or winery-related tourism conditional use is eligible for an agriculture- or winery-related tourism conditional use without meeting the architectural and design standards of Sections 405.520(F)(2)(a) through 405.520(F)(2)(d) and is eligible to be expanded to up to and including twice the area of the footprint of the structure as it existed on July 14, 2014, without such expansion meeting the architectural and design standards of Sections 405.520(F)(2)(a)(2) through 405.520(F)(2)(a)(5) and 405.520(F)(2)(b).
b.
Any structure that predates July 14, 2014, on a tract of an agriculture- or winery-related tourism conditional use that meets the setback requirements of Section 405.520(F)(1)(d) may be expanded to more than twice the area of the footprint of the structure as it existed on July 14, 2014, if such expanded structure 1) meets or is upgraded to meet the architectural and design standards of Sections 405.520(F)(2)(a) through 405.520(F)(2)(d) or 2) is approved as provided in Section 405.520(F)(7).
c.
Any structure that predates July 14, 2014, on a tract of an agriculture- or winery-related tourism conditional use that does not meet the setback requirements of Section 405.520(F)(1)(d) is eligible to be expanded to up to and including twice the area of the footprint of the structure as it existed on July 14, 2014, subject to the variance standards of Section 405.520(F)(7)(a) through (f).
7.
Variances. After hearing and recommendation by the Planning and Zoning Commission upon an application for a conditional use permit under Section 405.085 that includes requests to vary the requirements of Sections 405.520(F)(2)(a)(2) through (6), 405.520(F)(2)(b), or 405.520(F)(6)(b), the County Council may, in approving that conditional use permit, vary those requirements if the applicant proves that such use or expansion will:
a.
Protect and preserve scenic vistas, rural landscapes, and open space; and
b.
Maintain the rural agricultural character of the district; and
c.
Aid in the continuing expansion of tourism and economic development within the Agricultural Tourism District; and
d.
Not contribute to premature and disassociated urban development; and
e.
Not adversely affect natural resources along the highway; and
f.
Not substantially impair the requirement of Section 405.520(F)(2)(a)(1).
Section 405.523 Concept Plan.
[Ord. No. 17-008 § 6, 1-30-2017]
A.
For the purpose of assuring compliance with the requirements of the applicable regulations, concept plans shall be submitted and reviewed in accordance with the requirements of this Section.
B.
Concept plans shall indicate the intended use and future development of the subject property and shall meet the following requirements:
1.
Provide a site location map, a north arrow, and the scale to which the site plan is drawn. Illustrative perspectives (i.e., building elevations) do not have to be to scale; and
2.
The location, dimensions, height and characteristics of all existing and proposed structures (including fences, retaining walls, buildings and signs); and
3.
Indicate any proposed parking and loading areas, outdoor storage areas, and approximate areas for stormwater management (i.e., detention or retention ponds); and
4.
Indicate the locations of existing, neighboring buildings; and
5.
Properly label existing and proposed open space, recreation or activity areas (i.e., "asphalt parking," "detention basin," "RV storage lot," etc.) and, if outdoor activity areas are to be lit, indicate how that will be accomplished; and
6.
Identify structure construction type including facade materials, if known; and
7.
Identify existing and proposed landscaping and buffers including the location and a description of screening, fencing, and plantings; and
8.
Indicate minimum zoning setback lines; and
9.
Indicate existing and proposed points of access for vehicles (i.e., driveways) and for pedestrians (i.e., sidewalks and trails), if applicable; and
10.
Properly label adjoining properties (including the owner's name), streets, railroads, streams, rivers and trails; and
11.
Properly label existing and proposed septic systems, water supply, storm drainage systems, utilities, and refuse and other waste disposal methods; and
12.
Contain a statement as to which conditional uses the applicant intends to conduct on the property.
C.
After submittal of a concept plan, at the request of the Director of the Division of Planning and Zoning, additional information in the concept plan and/or documentation may be required from the applicant.
Section 405.525 Site Plan Review. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 01-111 §5, 9-26-2001; Ord. No. 03-142 §1(86—94), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-027 §2, 3-1-2005; Ord. No. 05-148 §10, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §50, 6-2-2010]
A.
For the purpose of assuring compliance with the requirements of the applicable regulations, site plans shall be submitted and reviewed in accordance with the requirements of this Section.
B.
Before any building and land use permits can be issued for the new construction of or the addition to institutional, commercial, and industrial structures, a site plan must be furnished to the County Division of Planning and Zoning for review and approval by the Director of the Division of Planning and Zoning, the Director of the Division of Development Review, and, when publicly maintained streets or storm sewers are involved, the County Engineer. A site plan will also be required when a structure is converted in use to an institutional, commercial, or industrial. Also, a site plan may be required by the Division of Planning and Zoning when the use of a site is being changed. The site plan in these cases will ensure that regulations are adhered to, based upon the new use (parking, loading, etc.). All site plans must bear the seal of a registered professional engineer and/or architect licensed by the State of Missouri, unless waived by the Director of Community Development.
C.
Filing A Site Plan. When a site plan is first submitted, the Division of Planning and Zoning requires a digital plan or three (3) copies of the plan and a completed site plan application form. For the purpose of investigating a site plan and monitoring compliance with it, an applicant authorizes the Community Development Department's staff, or staff of other agencies at the Department's direction, to enter and inspect the subject property while work authorized by that permit is in progress. This authority shall cease upon completion of that work and closure of the permit.
D.
Requirements for site plans are as follows:
1.
Provide a title (always use the term "site plan").
2.
Indicate the owner(s) of the property and depict the adjacent property owners.
3.
Provide a site location map, a north arrow, and the scale to which the site plan is drawn.
4.
Indicate the dimensions of all proposed buildings and depict all property boundary lines.
5.
Indicate every type of business that will utilize the building(s) and/or site(s).
6.
Indicate any existing and proposed road/street right-of-way lines and existing or proposed pavement within such right-of-way (note on the plan that all pavement within the road/street right-of-way will be constructed to St. Charles County public non-residential or arterial standards). Dedicated rights-of-way may be required for proposed sites that abut County roads or roads maintained by the Missouri Department of Transportation (MoDOT).
7.
Indicate the front setback of all proposed buildings.
8.
Indicate the pavement radii and width of all proposed entrances to or from the site(s).
9.
Indicate the parking layout arrangement (i.e., the number and size of all off-street parking spaces and the width of all parking drives and aisles). Each parking space must have a minimum area of one hundred seventy-one (171) square feet (nine (9) feet by nineteen (19) feet). There shall also be provisions for handicapped parking, with each handicapped parking space having a minimum width of thirteen (13) feet (eight (8) foot stall with an adjoining five (5) foot access aisle, per ADA regulations). The parking surface must be constructed of an all-weather, dust-free surface. If five (5) or more parking spaces are required under the applied regulations, the parking spaces must be paved and striped. See Part 3, Article II, Section 405.440 et seq., for further parking and loading requirements.
11.
Indicate a benchmark on U.S.G.S. Datum in areas where sanitary sewers are available.
12.
Depict existing and proposed stormwater improvements and provide hydraulic data computations along with a drainage area map. This material must be sealed by a registered professional engineer, unless waived by the Director of Community Development.
[Ord. No. 20-098, 12-21-2020]
a.
The hydraulic design of storm sewer systems shall conform to Section 50.00 of St. Charles County's "Design Criteria for the Preparation of Improvement Plans."
b.
Post-construction stormwater management shall be required in accordance with Section 70 of St. Charles County's Design Criteria for the Preparation of Improvement Plans.
c.
Costs for all stormwater management facility improvements, based on amounts established by a line-item cost estimate prepared by or on behalf of the applicant and approved by the Director of the Division of Development Review using current market value of the materials and labor, shall be included as part of the performance guarantee required under Section 412.080 of the Unified Development Ordinance and released per Section 412.080(C)(2) and (3) and must be posted with the St. Charles County Department of Community Development before site plan approval will be granted. The performance guarantee for stormwater management facility improvements can be posted by any of the methods and conditions provided in Section 412.080(A), or a surety bond as provided herein. If the performance guarantee for stormwater management facility improvements is a surety bond, that bond shall be a performance bond that shall:
[Ord. No. 22-086, 11-28-2022]
(1)
Be prepared on forms developed by the Director of the Division of Development Review and approved by the County Counselor; and
(2)
Ensure or guarantee the installation of stormwater management facility improvements; and
(3)
Be to St. Charles County as the obligee; and
(4)
Be executed by a surety that (i) is a corporation organized in the State of Missouri, or signed by an agent or broker licensed by the Missouri Department of Insurance; (ii) that has on file with or furnish to the County a certified copy of the surety's certificate of authority to transact business in the State of Missouri; and (iii) listed in the current United States Department of the Treasury, Fiscal Service, Department Circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies; and
(5)
Provide that the surety's liability under the performance bond shall not be limited to the penal sum as set forth in the performance bond, but it shall be liable and responsible to the County for the applicant's installation of stormwater management facility improvements, which shall include, but is not limited to, any change orders issued that increase the cost of said work.
d.
Prior to the issuance of the letter closing the land disturbance permit and releasing the performance guarantee required under Section 412.080 of the Unified Development Ordinance, the property owner(s) of any stormwater management facility shall:Ordinance, the property owner(s) of any stormwater management facility shall:
(1)
Execute a Development Restrictions and Maintenance Agreement to ensure that the facilities are preserved, maintained, and kept in working order to the satisfaction of the County and per Section 420.020 of the Unified Development Ordinance. An exhibit or legal description of the restricted area(s) and a maintenance plan and schedule shall be developed by the property owner(s) or developer(s), approved by the Director of the Division of Development Review, and made a part of the Development Restrictions and Maintenance Agreement. The agreement shall also provide for access to the property occupied by any stormwater management facilities to St. Charles County or its successors for the purpose of inspection and enforcement of all applicable regulations of such stormwater management facilities. The agreement shall be recorded and the cost of recording the document shall be paid by or recovered from the owner or developer of the site of the stormwater management facilities.
(2)
Submit one (1) digital AutoCAD drawing file and one (1) digital file in “.pdf” format of "as-built" plans for all required stormwater management facilities. Stormwater management facilities shall be surveyed after the completion of construction to verify the elevations, dimensions, and locations of the facilities in relation to the approved design. Each set of "as-built" plans shall be certified and sealed by a professional engineer or land surveyor licensed in the State of Missouri.
e.
Stormwater management facilities shall be maintained by the owner(s) of the property. Periodic maintenance shall be required of the facility owner(s) per the approved maintenance plan for the development and Section 420.020 of the Unified Development Ordinance. No modifications shall be made to the facilities without approval from the Department of Community Development.
13.
Indicate the method of or agencies responsible for sanitary sewage disposal and water service. Individual private sewage disposal systems will need to supply a plan, with the layout of the lateral system for the property, and a permeability test report as required by the County Division of Building and Code Enforcement.
[Ord. No. 16-054 §11, 7-25-2016]
14.
Supply a Missouri Department of Transportation permit if any proposed entrances front on Missouri Department of Transportation-maintained road right-of-ways.
15.
Indicate the zoning district for the site and the adjacent properties with their current jurisdiction.
16.
A St. Charles County Highway Department special use permit must be obtained before any work is allowed to commence on the right-of-way of public roads under St. Charles County control or maintenance.
17.
Indicate the location of the nearest fire hydrant on the site plan.
18.
Depict on the plan the location of any ground sign. All ground signs must be a minimum of ten (10) feet from all property lines and a minimum of fifty (50) feet from the pavement of any intersection.
19.
Obtain a land disturbance permit in accordance with Chapter 412 of the Unified Development Ordinance. In cases where the land disturbance is less than five thousand (5,000) square feet, indicate any sediment and erosion control measures needed for the site.
20.
A parcel identification number should be noted on the site plan.
21.
All applicable development shall meet the landscaping requirements embodied in Section 405.435 of the Unified Development Ordinance. Site plans for facilities for utilities (substations, water towers, microwave towers, sewage treatment plants, etc.) shall conform to landscaping requirements developed during planning staff review, and approved by the Director of the Division of Planning and Zoning.
22.
Trash enclosures shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate, said fence and gate shall be constructed of cedar, redwood, masonry or other compatible building material.
23.
All site plans shall clearly show the boundaries of any setback from natural watercourses that are left in their natural state on the subject property and provide a note to reference the setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County."
24.
All site plans shall clearly show the locations of all utilities (including pipelines) and easements of record for them, and with respect to high pressure pipelines shall designate all setbacks and restrictions imposed by Section 405.503, Regulations Concerning High Pressure Pipelines.
25.
Submit a letter addressed to St. Charles County by the holder of any such easement, if it is for the purpose of accommodating one (1) or more high pressure pipeline(s), certifying the accuracy of its easement and the location of the utility's facility as depicted on the proposed site plan, and also certifying that the proposed development will not impair the utility's easement rights or compromise its facility. If such a letter cannot be supplied, submit a letter or affidavit stating the date on which a copy of the site plan was mailed or delivered (as the case may be) to the easement holder or its representative, and stating the name and address of that easement holder or its representative.
26.
Provide any additional information on the site plan as deemed necessary by the Director of the Division of Planning and Zoning, Director of the Division of Development Review and/or the County Engineer (i.e., traffic study).
27.
In approving site plans for public agencies, the Director of the Planning and Zoning Division shall have the power to approve minor variances to setbacks and parking requirements through his or her signature on the site plan.
E.
A site plan review fee as set by ordinance shall accompany a site plan submitted for review pursuant to this Section.
F.
Construction Of Improvements Shown On Approved Site Plan. If the owner or developer of property subject to an approved site plan begins construction of the improvements shown on it within eighteen (18) months of the site plan's approval, those improvements may be built in accordance with ordinances in force on the date of the site plan's approval. But if construction of those improvements begins later, those improvements must be built in accordance with ordinances in force when construction starts. If, in such cases, newly enacted or amended ordinances require changes in site design, the Director of the Division of Planning and Zoning shall require submission of a revised site plan for the Division's review and approval as provided in this Section.
G.
Installation Of Improvements. All improvements required on a site plan approved pursuant to Section 405.525 of the Unified Development Ordinance must be completed prior to occupancy of the structure or the change of use on the site.
[Ord. No. 18-015 § 2, 1-29-2018]
[1]
Cross Reference—As to specific fees, see ch. 425 of this code
Editor's Note—Reference to county clerk was changed to county registrar in accordance with Ord. No. 01-121, adopted 9-26-2001, set out in §129.010 of this code. Reference to planning department was changed to division of planning in accordance with Ord. No. 02-204, adopted 12-23-2002, set out in ch. 132 of this code. For designation of the division of planning and zoning, see Ord. No. 03-195 adopted 12-31-2003.
Section 405.530 Land Use Permits. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-075 §§2—4, 5-27-2004; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §51, 6-2-2010]
A.
Permits. It shall be unlawful to construct, alter, repair or to commence the construction or alteration of a building or structure or to regrade an area less than five thousand (5,000) square feet in size used for non-agricultural purposes without first obtaining a land use permit from the Division of Planning and Zoning. No land use permit will be required for non-floodplain electrical and non-floodplain septic repair. Land disturbance permits per Chapter 412 are required when properties greater than five thousand (5,000) square feet are regraded.
B.
Land use permits shall be required for all structures. In addition to complying with other UDO requirements, the proposed locations of structures shall not result in the redirection of storm water onto adjacent properties not previously burdened with runoff from the development site or result in an inadequate conveyance of stormwater across a site. All occupancy permits for dwellings shall be issued based upon restrictions for minimum sleeping area requirements as set out in the current adopted Building Code of St. Charles County, Missouri. Instances in which the St. Charles County Division of Planning and Zoning does not require a land use permit:
C.
Form. An application for a permit shall be submitted in such form as the Division of Planning and Zoning may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or builder employed in connection with the proposed work. Applications shall include a plot plan for any property and shall describe briefly the proposed work and shall give such additional information as may be required by the Division of Planning and Zoning, such as existing and proposed contours. For the purpose of investigating an application for a land use permit and monitoring compliance with it, an applicant authorizes the Community Development Department's staff, or staff of other agencies at the Department's direction, to enter and inspect the subject property while work authorized by that permit is in progress. This authority shall cease upon completion of that work and closure of the permit.
D.
Amendments. Nothing in this Section shall prohibit the filing of amendments to an application, a plan, or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
E.
Completion Of Existing Buildings. Nothing contained in this Section shall require any change in the plans, construction, size, or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this ordinance; provided however, construction under such permit or approval shall have been completed within six (6) months of the date of issuance. Length of a permit (commercial and industrial projects only) can be extended, based on an individual construction project, size, and cost. A projected construction schedule must be submitted and approved prior to a site plan review by the Division of Planning and Zoning and agreed to in writing by the Building Commissioner. All construction is to be completed prior to the expiration date of the building permit.
F.
Revocation. The Director of the Division of Planning and Zoning may revoke a permit or approval issued under the provisions of this Section in cases where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
Section 405.531 Zoning Confirmation. [1]
[Ord. No. 03-142 §1(95), 10-1-2003]
A.
Commercial And Industrial Properties. A zoning confirmation shall be completed for all commercial and industrial properties prior to an occupancy permit being issued by the Building Division.
B.
Residential Properties. Residential properties in compliance with Article IV Home Occupations of the Unified Development Ordinance shall be issued zoning confirmations.
C.
Form. An application for a zoning confirmation shall be submitted in such form as the Division of Planning and Zoning may prescribe. The owner or lessee or agent of either shall make such application.
D.
Compliance. Said zoning confirmation shall only be issued when the use on the property in question is found to be in compliance with all applicable Sections of the Unified Development Ordinance.
E.
Revocation. The Director of the Division of Planning and Zoning may revoke a permit or approval issued under the provisions of this Section in cases where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 03-195 adopted 12-31-2003.