Weldon Spring City Zoning Code
ARTICLE I
Zoning Purpose And Statutory Authority
Section 405.010 Short Title.
[Ord. No. 18-12, 12-11-2018]
This Chapter shall be known as the Zoning Regulations of the City of Weldon Spring, Missouri.
Section 405.015 Authority And Purpose.
[Ord. No. 18-12, 12-11-2018]
In accordance with State law (Chapter 89, RSMo.), this Chapter is adopted for the purpose of promoting health, safety, morals or the general welfare of the community and regulates and restricts the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the preservation of features of historical significance and the location and use of buildings, structures and land for trade, industry, residence or other purposes. These Zoning Regulations are also adopted to assist in the implementation of the City's Comprehensive Plan adopted in 2008 and any subsequent amendments thereto.
Section 405.020 Interpretation, Conflict With Other Ordinances.
[Ord. No. 18-12, 12-11-2018]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, morals and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control. In addition, it is not intended by this Chapter to interfere with or abrogate or annul any permits previously issued that were in compliance with the Zoning Regulations in effect when the permits were issued. Any legal non-conforming use of buildings or premises, any legal non-conforming building, structure or lot and any other legal site-related non-conformity may continue to exist except as specifically required to be brought into conformance with this Chapter.
Section 405.025 Permissive Chapter Design.
[Ord. No. 18-12, 12-11-2018]
This Chapter is designed as a permissive Chapter. Uses that are allowed by right are listed as permitted uses. As a permissive Chapter, the regulations contained herein provide what is allowed and this Chapter is not intended to provide lists of every use, structure or activity that is prohibited. Uses, structures and activities that are not listed as permitted, allowed by conditional use permit, allowed by administrative permit or are a customary accessory use are prohibited.
Section 405.030 Applicability.
[Ord. No. 18-12, 12-11-2018]
This Chapter shall apply to all lands within the corporate limits of the City of Weldon Spring except lands specifically excluded by State Statute or this Chapter.
Section 405.035 Compliance With Other City Ordinances.
[Ord. No. 18-12, 12-11-2018]
All development shall comply with the minimum requirements of these Zoning Regulations and the minimum requirements of all other City ordinances, including, but not limited to, the City's Subdivision Regulations, Sign Ordinance, Tree Protection Ordinance and Lighting Ordinance.
Section 405.040 Vested Rights And Extensions.
[Ord. No. 18-12, 12-11-2018]
A.
For the purpose of single-family residential development in the City's Residential Districts, development rights for the approved use of land shall vest upon approval pursuant to all applicable regulations of this Chapter and recording of the final plat for such land with the St. Charles County Recorder of Deeds. If construction has not begun within one (1) year of recording the plat, the development rights, shall expire unless an extension is granted by the Board of Aldermen.
B.
For all non-single-family development, vested rights for any approved structure or use of land shall vest upon approval of a Final Development Plan/Site Plan pursuant to all applicable regulations of this Chapter and recording of said Plan with the St. Charles County Recorder of Deeds. If all permits required for such development have not been issued and the completion of substantial amounts of work under the validly issued permits has not begun within one (1) year of site plan approval, the development rights, shall expire unless an extension is granted by the Board of Aldermen.
C.
Vested rights shall be tied to the ownership of said land and stay with the land in the event of a change in ownership. In the event a developer serving as the owner's representative (with express written authority to act on behalf of the owner) causes a development plan or rezoning application to be approved, but never initiates said improvements or uses within one (1) year of Board approval, the pre-development rights shall vest with the original owner and the zoning shall revert back to the original zoning pursuant to Article XIII.
D.
The Planning and Zoning Commission may recommend and the Board of Aldermen may grant, for good cause as presented by the applicant, a single extension of vested rights. For all single-family and non-single-family development, an extension of not more than one (1) year may be granted from the date originally approved. Applicants seeking an extension shall submit a statement, in writing, justifying the extension. In considering an extension, the Planning and Zoning Commission shall consider the following factors, as well as other relevant considerations:
1.
Undue or unnecessary hardship placed upon the property owner;
2.
The extent to which the current regulations would hinder the ability to complete development;
3.
Unanticipated conditions or litigation which have prevented completion of the project; and
4.
Conformance with the general spirit and intent of the zoning and subdivision regulations.
Nothing in this Subsection shall be construed to confer any development rights beyond those shown on the approved plans submitted to the City or otherwise authorized by applicable Zoning and Subdivision Regulations. It shall require an affirmative two-thirds (2/3) vote of the full Board of Aldermen to overturn a negative recommendation of the Planning and Zoning Commission for any extension. |