A board of adjustment is hereby established. The word "board" when used in this section shall be construed to mean the board of adjustment. The board shall consist of five members who shall be residents of the city appointed by the city council. The term of office of the members of the board of adjustment shall be five years, excepting that the five members first appointed shall serve respectively for terms of one year, two years, three years, four years and five years. Thereafter, members shall be appointed for terms of five years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the council upon written charges after public hearing.

The board shall elect its own chairman and vice-chairman, who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this zoning code.

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the board for the purpose.

Appeals to the board on any matter over which the board is herein specifically granted jurisdiction may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected, by any decision of the director of planning and development. Such appeal shall be taken within 30 days of such decision, by filing with director of planning and development and with the board a notice of appeal specifying the grounds thereof, and by paying a filing fee of $100.00 to the director of planning and development at the time the notice is filed. The director of planning and development shall forthwith pay over said fee to the director of finance to the credit of the General Revenue Fund of the City of Webster Groves, provided that, should the board of adjustment find the decision of the director of planning and development to have been the result of an error in any order, requirement, decision or determination by him, then and in such event the fee hereinabove provided shall be promptly refunded to the applicant. The director of planning and development shall forthwith transmit to the board all papers constituting the record upon which the action appealed is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the director of planning and development certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record, on application or notice to the director of planning and development and on due cause shown.

The board shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to the applicant, and decide the same within a reasonable time. Public notice shall consist of one publication at least five days in advance of the hearing, in a paper having a general circulation in the city and conspicuously posted upon the property involved informing of the appeal and the time and place of the hearing. At the hearing, any party may appear in person, or by agent, or by attorney.

The board shall have the following powers:

a.

Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the director of planning and development in the enforcement of this Code.

b.

Powers relative to variations. When, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property as of September 20, 1956, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations of this zoning code would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardships.

c.

Powers relative to exceptions. Upon appeal, the board is hereby empowered to permit the following exceptions:

1.

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

2.

To permit the reconstruction of a non-conforming building which has been destroyed, or partially destroyed by fire or act of God where the board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

3.

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.

4.

To interpret the provisions of the zoning code where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of Ordinance No. 5906.

5.

To vary the parking regulations of this zoning code whenever the character or use of a building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or a convenience.

In exercising the above mentioned powers, the board may, in conformity with the provisions of this zoning code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

In considering all appeals under this zoning code, the board shall before making any findings in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase the congestion in public streets or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city. Every change granted or denied by the board shall be accompanied by a written finding of fact specifying the reason for granting or denying the variation.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the director of planning and development; or to decide in favor of the applicant on any matter upon which it is required to pass under this zoning code, or to effect any variation to this zoning code.

Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any officer, department, board or bureau of the city, may present to the circuit court of St. Louis County, Missouri, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith, or with malice in making the decision appealed from.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of Ordinance No. 5906, the following rules shall apply:

a.

The district boundaries are either streets, places or alleys unless otherwise shown, and where the designation on the map accompanying and made a part of Ordinance No. 5906 indicating the various districts are approximately bounded by street, alley or place lines, said street, alley or place shall be construed to be the boundary of such district.

b.

Where the district boundaries are not otherwise indicated and where the property has been or may, hereafter be divided into blocks and lots,, the district boundaries shall be construed to be lot lines and where the designation on the map accompanying and made a part of Ordinance No. 5906 indicating the various districts are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of such district unless said boundaries are otherwise indicated on the map.

c.

In unsubdivided property, the district boundary lines on the map accompanying and made a part of Ordinance No. 5906 shall be determined by use of the scale contained on such map.

In interpreting and applying the provisions of this zoning code, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this zoning code to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this zoning code 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 ordinances, rules, regulations, or premises, or by easements, covenants or agreements, the provisions of this zoning code shall control.

This section contains provisions related to the processing of development applications, zoning map procedures, special procedures and other land development related procedures.

(Ord. No. 9037, §1,10-2-2018)

This section applies to petitions to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established or any other permit or request that requires a public hearing.

a.

Petition completeness. The department of planning and development shall, within 15 calendar days of receipt of any petition for change of zoning or special procedure permit accompanied by the appropriate filing fees, notify I writing all parties of interest as named in the petition, including the project engineer, architect, and developer, as applicable, either that the petition is certified as meeting all pertinent submittal requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the department does not respond in writing within 15 days, the petition may be deemed accepted and shall be scheduled for public hearing within the period established by the applicable provisions of this article. If the petition has been determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within 15 days from receipt of the department's letter. if the deficiencies are not corrected within the 15-day period, the department shall return the petition to the petitioner.

b.

Hearing date. A public hearing shall be held by the city plan commission within 60 days of determination that the application, as determined by the director of planning and development or his or her designee (the "director") or by the plan commission itself in a case where the plan commission disagrees with the determination of the director, that the application meets the minimum requirements.

c.

Notice provided. Upon scheduling of a public hearing, the department shall:

1.

Provide notice per RSMo Chs. 89 and 493, and;

2.

Post public hearing sign(s) on the site for which the public hearing is being held, and;

3.

Shall give notice of the time and place by causing a notice thereof to be published in a newspaper printed or published in the city. If no newspaper is printed or published in the city, then in a newspaper of general circulation in the city. The publication of said notice shall be at least 15 calendar days prior to the day of such hearing.

4.

At least seven days prior to the first hearing on any proposed amendment, modification or revision, the commission shall send a written notice, briefly describing the proposed amendment, modification or revision and stating the time and place of the hearing, to the last known place of abode to the owners of all property, according to city records, adjacent to or laying within 185 feet of all boundaries of the property under consideration. In the event of a general revision of the Code, written notice to property owners shall not be required.

(Ord. No. 9037, §1,10-2-2018)

a.

General provisions. This section contains procedures for amending the zoning district boundaries. Included are regulations for the filing of petitions, required public hearing notices and powers of the plan commission and city council in reviewing requested changes.

1.

City council action. Whenever the public necessity, convenience, general welfare, and good zoning practice require, the city council may, after a public hearing and report thereon by the plan commission and subject to the procedure provided in this section, amend, supplement, or change the regulations and/or zoning district boundaries now or hereafter established by this article.

2.

Simultaneous public hearings allowed. The plan commission may hold a public hearing on a petition for a change of zoning to any zoning district, and a petition for a planned district or a special procedure at the same public hearing and on the same parcel of land, and make recommendations thereon.

3.

Initiating an amendment, supplement, reclassification or change. An amendment, supplement, reclassification or change may be initiated by the plan commissioner or the city council, or by a verified application of one or more of the owners or authorized representatives of the owners of property within the area proposed to be changed.

4.

Denial and reconsideration. If an application for the amendment, supplement, or change of any property is denied in whole or part by the city council, the matter may be reconsidered if any member of the city council introduces a motion for reconsideration at either of the next two regularly scheduled meetings after the denial, and said motion is passed by a majority of the entire city council. If the matter is not reconsidered within said period, no subsequent application requesting the same property of part of thereof shall be filed with the department within 12 months from the date of the receipt and filing by the city council of the plan commission's report on the application. if the plan commission makes no report within 60 days after closure of the public hearing(s) regarding each proposed amendment, modification or revision, it shall be considered to have made a report approving the proposed amendment, modification or revision.

b.

Petition for zoning map amendment.

1.

Form of petition. Petitions for any change of zoning district boundaries or any reclassification of districts, as shown on the zoning district maps, shall be addressed to the city council and filed with the director of planning and development upon forms prescribed for that purpose by the plan commission and accompanied by such data and information so as to assure the fullest practicable presentation of facts.

2.

Fees. Petitions for change of zoning to a "planned district" shall be accompanied by a fee of $500.00, and all other petitions for change of zoning shall be accompanied by a fee of $250.00, which said fees shall forthwith be paid over to the director of finance to the credit of the general revenue fund of the city.

3.

Petition verification required. Each such petition, other than those initiated by the plan commission or the city council, shall be verified by a least one of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

c.

Public hearing. Requirement for public hearings and public notice and listed in section 53.801 of this article.

d.

Plan commission review and recommendation. Staff from the department of planning and development shall submit a written or oral report to the plan commission prior to the forwarding of a decision or recommendation by the plan commission to the city council. No action shall be taken by the city council with respect to the petition until it has received the recommendation of the director of planning and development or the plan commission as applicable. The recommendation shall address the proposed development and its relation to all applicable sections of this City Code, the city comprehensive plan, and compatibility with adjoining permitted developments and uses.

e.

City council action. Upon receipt of the plan commission recommendation, the city council shall approve, approve as amended or deny the request by approving an ordinance or approval authorizing the development or deny the application. The city council may enact by ordinance such a partial granting of a petition for a change in zoning district classification.

f.

Approval of different classification. The plan commission may recommend and the city council may enact by ordinance a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. This shall apply to all commercial, industrial and residential zoning districts.

g.

City action on request for withdrawal. Request for withdrawal of a legally filed application shall be submitted in writing to the director of planning and development. Any request for withdrawal of a legally filed application for amendment may be denied, approved with prejudice, or approved without prejudice by the plan commission.

h.

Time limitation on petitions. Petitions for zoning map amendments and ordinance amendments must be scheduled for subsequent meeting before the plan commission or city council within six months of the time of their public hearing. If a petition is not scheduled for subsequent meetings within six months, then the petition shall be deemed automatically inactive by the department unless delay is approved by the plan commission.

i.

Appeal or protest of a planned district or special procedure. The petitioner may file an appeal to the determination of the city council or plan commission filed per the requirements in section 53.806 of this article.

(Ord. No. 9037, §1, 10-2-2018)

a.

Applicability. The requirements of this section shall apply to all proposed developments attempting to establish a planned district or utilize a special procedure. Further this section shall also apply to any proposed amendment to an existing planned district or special procedure.

Planned Districts are as follows:

"B1" planned, multiple family residence district

"B2" multiple family and commercial district

Educational campus districts ("EC")

Planned environment unit procedure (PEU)

"PC" planned commercial district

Special procedures are as follows:

"CUP" conditional use permit

b.

General provisions. General provisions for the planned districts or special procedures shall be the same as those listed in section 53.802 (a) of this article.

c.

Petition for planned district or special procedure.

1.

Form of petition. The owner, or its authorized representative, shall file an application for review on forms to be provided by the city. Such application shall be accompanied by the following:

A.

Proof of ownership and/or authorization from the owner to file the application on forms provided by the city and as amended from time to time.

B.

Filing fee per requirement of section 53.802 fees.

C.

Legal description of the property.

D.

Outboundary plat or site plan of the property.

E.

Preliminary development plan (when the proposed use includes improvements to the site), including but not limited to the following:

(i)

Proposed uses. Approximate location and designated uses of the building and other structures as well as parking and open areas shall be indicated

(ii)

Areas to be developed for parking, drives, and walkways.

(iii)

Existing and proposed contours at verticals intervals of not more than five feet. Flood plain areas shall be delineated.

(iv)

Approximate location of all isolated trees having a trunk diameter of seven inches or more, all tree masses and all proposed landscaping.

(v)

Proposed ingress and egress to the site, including adjacent streets.

(vi)

Location and type of existing and proposed utilities.

(vii)

Preliminary plan for provision of sanitation and drainage facilities and stormwater measures.

(viii)

General grading and landscaping plan, as applicable.

F.

The following data and information shall also be submitted with the development plan, including but not limited to the following:

(i)

Sketch of floor plans and elevations of typical buildings to indicate the architectural character of the buildings including statements regarding types of construction.

(ii)

Estimates of volumes of traffic movements to and from the completed project from the boundary streets.

(iii)

A preliminary schedule for completion of the entire project.

(iv)

A statement regarding the proposed method of operating and maintaining the project.

2.

Fees. Petitions for change of zoning to a "planned district" shall be accompanied by a fee of $500.00, and all other petitions for special procedures shall be accompanied by a fee of $250.00, which said fees shall forthwith be paid over to the director of finance to the credit of the general revenue fund of the city.

3.

Petition verification required. Each such petition, other than those initiated by the plan commission or the city council, shall be verified by at least one of the owners or authorized representatives of the owners of the property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

d.

Public hearing. A public hearing on the petition shall be held by the plan commission in accordance with section 53.801 of this article.

e.

Plan commission review and recommendation. Staff from the department of planning and development shall submit a written or oral report to the plan commission prior to the forwarding of a decision or recommendation by the plan commission to the city council. No action shall be taken by the city council with respect to the petition until it has received the recommendation of the director of planning and development or the plan commission as applicable. The recommendation shall address the proposed development and its relation to all applicable sections of this City Code, the city comprehensive plan, and compatibility with adjoining permitted developments and uses. A recommendation of approval or approval as amended shall included recommended conditions be included in the ordinance or permit authorizing the establishment of the planned district or special procedure. Such conditions shall include, but not be limited to, the following:

A.

Permitted, accessory and incidental uses.

B.

Performance standards.

C.

Height limitations.

D.

Minimum yard requirements.

E.

Off-street parking and loading requirements.

F.

Sign regulations.

G.

Time limitations for commencement of construction.

H.

Buffers and screening.

f.

City council action. Upon receipt of the plan commission recommendation, the city council shall approve, approve as amended or deny the request for a planned district or special procedure by approving an ordinance or approval authorizing the development or deny the application. If the application is approved, the matter shall be returned to the plan commission for the consideration of a final development plan.

g.

Final development plan. A final development plan shall be filed per the requirements in section 53.805 of this article.

h.

City action on request for withdrawal. Request for withdrawal of a legally filed application shall be submitted in writing to the director of planning and development. Any request for withdrawal of a legally filed application for amendment may be denied, approved with prejudice, or approved without prejudice by the plan commission.

i.

Time limitation on petitions. Petitions for planned districts and special procedures must be scheduled for subsequent meeting before the plan commission or city council within six months of the time of their public hearing. If a petition is not scheduled for subsequent meetings within six months, then the petition shall be deemed automatically inactive by the department unless delay is approved by the plan commission.

j.

Appeal or protest of a planned district or special procedure. The petitioner may file an appeal to the determination of the city council or plan commission file per the requirements in section 53.806 of this article.

(Ord. No. 9037, §1, 10/2/2018)

a.

In order to amend the provisions of any planned district ordinance or special procedure approval; including the permitted uses, the procedure shall be as follows: Any material change in a structure or any change in the scope or extent of a use approved for a conditional use permit that could require conditions other than those in an existing conditional use permit, shall require the approval of an amendment. All requests for amendments must be filed on an application form provided by the city.

b.

All amendments that the director of planning and development determines, in his/her sole discretion, may require one or more material new conditions shall be subject to review and approval by the city plan commission and the city council. The following is a list of amendments that may require a material new condition:

1.

Additional square footage;

2.

Expansion of an existing drive through facility;

3.

Expansion in the scope or extent of a use;

4.

Change in parking;

5.

Other changes deemed to be similar by the director of planning and development or his/her designee.

c.

All amendments that the director of planning and development determines, in his/her sole discretion, to be minor in nature shall be subject to review and approval by the city council. The city council shall hold a public hearing in relation to the matter and shall give notice of the time and place thereof by causing a notice thereof to be published in a newspaper printed or published in the city. If no newspaper be printed or published in the city, then in a newspaper of general circulation in the city. The publication of said notice shall be at least 15 days prior to the day of such hearing. The city council may also, in its sole discretion, refer any request for a minor amendment to a conditional use permit back to the city plan commission for review and recommendations.

d.

Transfer of a conditional use permit. Any changes in the ownership, operating entity or lease named as the permittee of the approved conditional use permit will require a transfer of conditional use permit. Request for transfer that are deemed by the director of planning and development to not affect the intensity of use of the originally approved conditional use permit shall be subject to review and approval by the city council. The city council shall hold a public hearing in relation to the matter and shall give notice of the time and place thereof by causing a notice thereof to be published in a newspaper printed or published in the city. If no newspaper be printed or published in the city, then in a newspaper of general circulation in the city. The publication of said notice shall be at least 15 days prior of such hearing. The city council may also, at its discretion, refer such request for transfer to the city plan commission for review and recommendation.

(Ord. No. 9037, §1, 10-2-2018)

a.

Submittal of plans.

1.

A preliminary development plan shall be filed with the plan commission for its approval simultaneous with the submission of a change of zoning for a planned district.

2.

A final development plan shall be filed with the city plan commission for its approval without public hearing or further recommendation to the council within 12 months following the enactment of an ordinance rezoning the property affected thereby. Said final development plan shall conform with the preliminary development plan required under its section, and the plan commission shall have the discretion to approve minor changes in the development plan both before and after filing with the city plan commission, which are not inconsistent with the purpose or intent of this section, without referring same to the council.

b.

Planned districts. If the final development plan for a planned district is not filed within the 12-month period referred to above, or any extension which may be granted by the council then, upon the expiration of said period or periods, the council may after recommendation by the plan commission, as provided in section 53.800 of this zoning code, enact an ordinance repealing said change of zoning.

c.

Failure to commence construction. In the event substantial construction does not commence within three years after a planned environment unit has been approved, the peu shall expire and the residence district regulations in force prior to the establishment of the planned environment unit shall thereupon be in full force and effect. As used in this section, substantial construction shall mean final grading for roadways necessary for first approved plat or first phase of construction and commencement of installation of sanitary and storm sewers.

(Ord. No. 9037, §1, 10-2-2018)

a.

Appeal and protest procedure for change of zoning and special procedures. In case of an adverse report by the city plan commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the city clerk prior to the date of the holding of said hearing, duly signed and acknowledged by the owners of 30 percent or more either of the area of the land (exclusive of streets, places and alleys) included within an area, determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote or two-thirds of all members of the city council.

(Ord. No. 9037, §1, 10-2-2018)

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 zoning code or other regulations made under authority conferred hereby the director of planning and development may institute any proper action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or land in and to such premises.

The owner or general agent of a building or premises where a violation of any provision of this zoning code has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or general agent, architect, builder, contractor or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of an offense punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than $100.00 and not more than $250.00 for each and every day that such violation shall continue, or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this ordinance in the respect named I such order, shall also be subject to a civil penalty of $250.00.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining.

(Ord. No. 8803, § 1, 7-16-2013)