Zoneomics Logo
search icon

St Robert City Zoning Code

CHAPTER 402

Administrative Mechanisms

Section 402.001 Establishment of Commission.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
In order to make adequate provision for and to stimulate, guide, direct and arrange the City and the future development and growth of the City, there is hereby established a Commission to be known as the City Planning and Zoning Commission as set out in Chapter 89, RSMo.

Section 402.003 Appointment and Terms of Planning and Zoning Commission.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The City Planning and Zoning Commission shall consist of not more than fifteen (15) nor less than seven (7) members, including the Mayor, if the Mayor chooses to be a member and an Alderman who is selected by the Council if the Board of Aldermen chooses to have a member serve on the Commission. All members of the Planning and Zoning Commission shall be residents of the City to act on questions pertaining to the development of the City. A minimum of five (5) citizen members shall be required and appointed by the Mayor, subject to the approval of the Board of Aldermen, and shall serve without compensation for their services but may receive reimbursement for expenses approved by the Board of Aldermen.
B. 
The term of each citizen member shall be for four (4) years; except, that the terms of the citizen members first (1st) appointed shall be for varying periods so that succeeding terms will be staggered. Vacancies shall be filled by appointment of the Mayor, with approval of the Board of Aldermen, and shall be for the unexpired term. Each member shall serve until his successor is appointed and qualified.
C. 
The Board of Aldermen may remove any citizen member for cause stated in writing and after a public hearing has been held regarding these charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by certified mail or by having the same at his usual place of residence. The member shall be given opportunity to be heard and answer such charges.
1. 
Non-attendance of meetings by citizen members shall be considered cause for removal. Specifically, a citizen member who is absent from two (2) consecutive meetings of the Planning and Zoning Commission may be considered for removal.

Section 402.005 Commission Officers.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
At its first (1st) organizational meeting of each year, the Planning and Zoning Commission shall, by majority vote of its membership (excluding the vacant seats), elect from its citizen members the following officers: one (1) member to serve as Chairman and preside over the Commission's meetings; one (1) member to serve as Vice Chairman; and one (1) member to serve as Secretary. The people so designated shall serve in these capacities for terms of one (1) year, with eligibility for re-election. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the Commission membership (excluding vacant seats).
B. 
All Planning and Zoning Commission officers may take part in all deliberations and vote on all issues.

Section 402.007 Powers and Duties.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Commission may make and adopt and recommend to the Board of Aldermen plans, goals and objectives relating to the growth, development and redevelopment of the City of St. Robert.
B. 
Develop and recommend to the Board of Aldermen policies, ordinances, administrative procedures and other means for carrying out plans in coordinated and efficient manner.
C. 
Make recommendations to the Board of Aldermen concerning proposed conditional use permits and land subdivisions and proposed Zoning Map changes as provided in Chapter 422 (Amendments).
D. 
The Planning and Zoning Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this regulation.

Section 402.009 Quorum and Voting.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
A quorum for the Planning and Zoning Commission shall consist of a majority of the Commission members (excluding vacant seats). Assuming all positions have been approved by the Mayor and the Board of Aldermen, a quorum of five (5) members is necessary for the Commission to take official action.
B. 
All actions of the Planning and Zoning Commission shall be taken by majority vote, a quorum of which being present.
C. 
A roll call vote shall be taken on all motions. All votes shall be recorded by name.

Section 402.011 Meetings.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Commission shall hold regular meetings and special meetings as they provide by rule. All meetings of the Commission shall be open to the public. All business of the Commission shall be transacted at such meetings. The agenda for each Commission meeting shall be provided seven (7) days in advance of the meeting to each Commission member.
B. 
Written notice shall be given to the applicant no later than fifteen (15) days before the scheduled Commission meeting. Written notice shall also be given to any other person who makes a written request for such notice.
C. 
Notice shall be given to other potentially interested persons by publishing a notice one (1) time in a newspaper having general circulation in the City of St. Robert not less than fifteen (15) days prior to the scheduled meeting date. The notice shall state the date, time and place of the meeting, reasonably identify the lot that is the subject of the application and give a brief description of the action requested or proposed.
D. 
At least twenty-four (24) hours (excluding weekends and holidays) before a Commission meeting, a notice of the meeting must be prominently posted at the meeting place of the Commission. The notice must include:
1. 
Date notice was posted.
2. 
Time notice was posted.
3. 
Time of meeting.
4. 
Date of meeting.
5. 
Place of meeting.
6. 
Tentative agenda of open public meeting.
E. 
The Commission shall keep minutes of its proceedings which shall be a public record. The Commission may appoint an assistant to attend the meetings and take the minutes, but an officer of the Commission (Secretary, Chairman, Vice Chairman) must sign the minutes and be responsible for their accuracy.

Section 402.013 Advisory Committees.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
From time to time, the Commission may appoint one (1) or more individuals to help the Planning and Zoning Commission carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Commission may appoint the employees and staff necessary for its work and may contract with City planners and other professional persons for the services it requires.
B. 
Those individuals and staff representatives shall sit as non-voting members of the Planning and Zoning Commission when such issues are being considered and lend their talents, energies and expertise to the Planning and Zoning Commission. However, all formal recommendations to the Board of Aldermen shall be made by the Planning and Zoning Commission.
C. 
Nothing in this Section shall prevent the Board of Aldermen from establishing independent advisory groups, committees or commissions to make recommendations on any issue directly to the Board of Aldermen.

Section 402.015 Establishment of Board of Adjustment.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
Board of Adjustment is hereby established as set out in Chapter 89, RSMo.

Section 402.017 Appointment and Terms of Board of Adjustment.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment shall consist of five (5) regular members and three (3) alternates who shall be residents of St. Robert. Alternate members shall sit on the Board in the absence of or disqualification of the regular members. When so seated, alternates shall have the same powers and duties as the regular members they replace.
B. 
Members and alternates shall be appointed for terms of five (5) years each. All members and alternates shall be appointed by the Mayor with the approval of the Board of Aldermen. All members and alternates shall serve without compensation and each member shall serve until his/her successor is appointed and qualified. Members may be reappointed to successive terms without limitation. Vacancies shall be filled by appointment of the Mayor, with the approval of the Board of Aldermen, and shall be for the unexpired term.
C. 
The Board of Aldermen may remove any citizen member or alternate for cause upon written charges having been filed with the Board of Aldermen and after a public hearing has been held regarding these charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by certified mail or by having the same at his usual place of residence. The member shall be given opportunity to be heard and answer such charges.
1. 
Non-attendance of meetings by citizen members shall be considered cause for removal. Specifically, a citizen member who is absent from two (2) consecutive meetings of the Board of Adjustment shall be considered for removal.

Section 402.019 Board of Adjustment Officers.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
At its first (1st) organizational meeting of the year, the Board of Adjustment shall, by majority vote of its membership (excluding vacant seats), elect one (1) of its members to serve as Chairman and preside over the Board's meetings and one (1) member to serve as Vice Chairman. The persons so designated shall serve in these capacities for terms of one (1) year. Vacancies may be filled for the unexpired terms only by majority vote of the Board membership (excluding vacant seats).
B. 
The Chairman or any member temporarily acting as Chairman shall administer oaths to witnesses coming before the Board. The following oath of affirmation shall be administered to each witness prior to that person addressing the Board:
"I swear or affirm that the statements that I am about to make on the matter at hand are true to the best of my knowledge or recollection."
C. 
The Chairman may take part in all deliberations and vote on all issues.

Section 402.021 Powers and Duties of the Board of Adjustment.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment has the primary function of serving the public interest. The Board shall have all of the powers and duties prescribed by law of the State of Missouri and by this regulation. The Board of Adjustment shall hear and decide:
1. 
Appeals from any order, decision, requirement or interpretation made by the Land Use Administrator as they may relate to the enforcement of the requirements set forth in the land development regulations.
2. 
Applications for variances to density and dimensional requirements.
3. 
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
B. 
Any other matter the Board is required to act upon by other City ordinance or authorized by enabling Statutes of the Revised Statutes of Missouri.

Section 402.023 Quorum and Voting.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Four (4) regular and/or alternate members shall constitute a quorum. A quorum is necessary for the Board to take official action.
B. 
When the Board lacks sufficient members for a quorum, the business before the Board shall be continued to the Board's next meeting at a date established by the Chairman.
C. 
When only four (4) regular and/or alternate members are present, the applicant may request his appeal or application be continued so as to be heard by five (5) regular and/or alternate members of the Board.
D. 
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass.
E. 
A member may abstain from voting on a particular issue by majority vote of the remaining members pursuant under the following circumstances:
1. 
If the member has a direct financial interest in the outcome of the matter at issue, or
2. 
If the matter at issue involves the member's own official conduct, or
3. 
If participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
4. 
If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.
F. 
A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at the meeting.
G. 
A roll call vote shall be taken on all matters decided by the Board and shall be a matter of the official record of the minutes.

Section 402.025 Meetings.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Meetings of the Board shall be held at the call of the Chairman of the Board of Adjustment and at such time as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses.
B. 
The Board of Adjustment shall conduct its meeting in accordance with the quasi-judicial procedures set forth in Chapter 409, Appeals, Variances and Interpretations.
C. 
A roll call vote shall be taken on all motions. All votes shall be recorded by name.
D. 
The Board shall hold regular meetings and special meetings as they provide by rule. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. The agenda for each Board meeting shall be provided seven (7) days in advance of the meeting to each Board member.
E. 
Written notice shall be given to the applicant no later than fifteen (15) days before the scheduled Board meeting. Written notice shall also be given to any other person who makes a written request for such notice.
F. 
Notice shall be given to other potentially interested persons by publishing a notice one (1) time in a newspaper having general circulation in the City of St. Robert not less than fifteen (15) days prior to the scheduled meeting date. The notice shall state the date, time and place of the meeting, reasonably identify the lot that is the subject of the application and give a brief description of the action requested or proposed.
G. 
At least twenty-four (24) hours (excluding weekends and holidays) before a Board meeting, a notice of the meeting must be prominently posted at the meeting place of the Board. The notice must include:
1. 
Date notice was posted.
2. 
Time notice was posted.
3. 
Time of meeting.
4. 
Date of meeting.
5. 
Place of meeting.
6. 
Tentative agenda of open public meeting.
H. 
The Board may appoint an assistant to take the minutes of all hearings, all testimony, objections thereto and rulings thereon and be a matter of public record. The Chairman must sign the minutes and be responsible for their accuracy.

Section 402.027 Land Use Administrator.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
Except as otherwise specifically provided herein, primary responsibility for administering and enforcing these regulations shall be the duty and responsibility of the Land Use Administrator. The person or persons to whom these functions are assigned shall be referred to in this regulation as the "Land Use Administrator" or "Administrator".

Section 402.029 Building Code Official. [1]

[Ord. No. 2118 §§1 — 3, 8-18-2008]
The responsibility of the Building Code Official shall be the administration and enforcement of all provisions of adopted building, electrical, mechanical, plumbing, property maintenance codes and related references to the same as adopted by the City of St. Robert Board of Aldermen. Additionally, the Building Code Official is authorized to accept and act upon all applications required by this regulation in the absence of the Administrator.
[1]
Editor’s Note: All duties of the Building Code Official have been delegated to the Land Use Administrator as of 11-17-2014 by §§1 – 3 of Ord. No. 2732. This action is in force until further action is taken by the Board of Aldermen.

Section 402.031 Director of Public Works.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
The Director of Public Works is the administrative head of the Department of Public Works. The Public Works Director administers and enforces all regulatory requirements set forth in the City Infrastructure Development Regulations. Additionally, the Director of Public Works shall act on any question relative to the mode or manner of construction and materials to be used in the erection, addition to, alteration of, repair, extension, removal, location, relocation or installation of any public street or public utilities and appurtenances.

Section 402.033 Board of Aldermen.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Aldermen as the legislative body of the City shall be governed by the enabling Statutes of the State and the guidelines set forth within this regulation to review, consider and decide upon the matters of planning and zoning that effect the health, safety and welfare of the community and its residents. The Board of Aldermen shall have final approving authority upon the following matters presented before them:
1. 
Approval of subdivision plats.
2. 
Approval of conditional use permits.
3. 
Approval of change of zoning district classifications and boundaries.
4. 
Approval of amendments to the Land Development Regulations.