Warson Woods City Zoning Code
CHAPTER 430
Amendments, Validity, Violations and Enforcement
Section 430.010 Amendments, Changes and Additions.
[R.O. 2012 §430.010; CC 1988 §430.010; Ord. No. 692, 2-16-1988; Ord. No. 1023, 12-21-1993; Ord. No. 1693, 7-18-2023]
A.
The Board of Aldermen may from time to time, on its own motion or on petition, after receipt of a recommendation from the Planning and Zoning Commission, may by ordinance repeal, amend, modify, supplement, or revise the zoning districts or zoning regulations of the City whenever, in the opinion of the Board of Aldermen, the general welfare of the public will be benefitted thereby.
B.
Application for a change of zoning may be initiated by resolution of the Board of Aldermen, by resolution of the Planning and Zoning Commission, or by petition of the owners of property to be affected by the proposed change. Except for the Board of Aldermen and the Planning and Zoning Commission, the applicant requesting such change of zoning shall at the time of application pay a fee no part of which shall be returnable to the applicant. All applications shall be referred to the Planning and Zoning Commission for review and recommendation.
C.
A public hearing shall be conducted before both the Planning and Zoning Commission and Board of Aldermen. The City will prepare the legal notice advertising the public hearing(s). The legal notice shall be published in a newspaper of general circulation throughout the City at least fifteen (15) days prior to the dates of any public hearings before the Planning and Zoning Commission and Board of Aldermen. The legal notice shall contain the date, time, place and general purpose of the public hearing(s).
D.
In case, however, the Planning and Zoning Commission disapproves the change, or of a protest against such changes duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of land (exclusive of streets and places) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
Section 430.012 Information Required in Zoning Amendment Petition.
[Ord. No. 1693, 7-18-2023]
A.
A petition for change of zoning shall be signed by all the owners of the property to be affected or by their agent or agents having authority to sign the petition on their behalf. The petition shall be submitted to the City Clerk at least thirty (30) days prior to the Planning and Zoning Commission meeting at which it may be first considered and shall contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy;
2.
A scaled map of such property correlated with the legal description and clearly showing the property's location and boundary;
3.
The names and addresses of all the owners of such property and copies of the deeds on file with the office of the St. Louis County Recorder of Deeds proving such ownership;
4.
The date filing with the City;
5.
The present zoning, proposed change of zoning, and proposed use of such property; and
6.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the petitioner(s) are a trust or business entity, then proof of the authority of the party executing the petition must be provided by way of resolution, minutes, bylaws, articles of incorporation; or some other reasonable means.
Section 430.020 Interpretation, Purpose and Conflict.
[R.O. 2012 §430.020; CC 1988 §430.020; Ord. No. 692, 2-16-1988]
In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this Title to interfere with or abrogate or annul any easements, covenants or other agreement between parties; provided however, that where this Title imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other Titles, rules, regulations or by easements, covenants or agreements, the provisions of this Title shall govern.
Section 430.030 Enforcement.
[R.O. 2012 §430.030; CC 1988 §430.030; Ord. No. 692, 2-16-1988]
It shall be the duty of the Building Commissioner to enforce this Title. Appeal from the decision of the Building Commissioner may be made to the Board of Adjustment.
Section 430.040 Violation.
[R.O. 2012 §425.060; CC 1988 §425.060; Ord. No. 1090 §1, 8-15-1995; Ord. No. 1397 §7, 6-19-2007; Ord. No. 1647, 7-20-2021]
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Title IV, Sections 89.010 to 89.140, RSMo., or of any other ordinance or regulation made under authority conferred hereby or by Sections 89.010 to 89.140, RSMo., the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restraint, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by any officer of the City empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of this Title IV or any other provision of the regulations made by the City under authority of Sections 89.010 to 89.140, RSMo.
Section 430.050 Validity.
[R.O. 2012 §430.050; CC 1988 §430.050; Ord. No. 692, 2-16-1988]
If any Section, Subsection, sentence, clause or phrase of this Title is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Title.