The following shall be under the jurisdiction of the Planning Commission in addition to those powers specified elsewhere in the code of ordinances or conferred upon it by general law, with the exceptions set forth in the City of Forest Park Charter:
(A) Nonconforming uses or structures, substitutions, or expansions. The substitution or expansion of a nonconforming use or structure existing at the time of enactment of this chapter or amendment thereto as regulated by § 150.10(J) of this chapter.
(B) Temporary structures and use. The Commission may authorize the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of temporary nature, and does not involve the erection of a substantial structure.
(C) Interpretation of zoning map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Commission, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Commission, and a determination shall be made by the Commission.
(D) Interpretation of zoning text. If there is uncertainty as to the meaning and intent of a textual provision of this chapter, the Secretary of the Board, the Administrative Official, or the Chairperson of the Planning Commission may request the Commission to interpret the same.
(E) Administrative review. The Commission shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant, or refusal made by the Administrative Official or other official in the interpretation of the provisions of this chapter.
(1) Filing appeals. An appeal to the Commission may be taken by any person aggrieved or by an officer, board, or bureau of the city concerning any decision of the Administrative Official. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Administrative Official and the Commission, an application specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Commission such notice of appeal, together with all the plans and papers constituting the record upon which the action appealed was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certified to the Commission, after 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 imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Commission or by a court of record on application, or notice to the Administrative Official from whom the appeal is taken, and on due cause shown.
(F) Variance. In the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, the Commission shall have the power to vary or adapt the strict application of any of the requirements of this chapter whereby such strict application would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the Commission shall prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and punishable under § 150.999 of this chapter. However, no variance in the application of any provision of this chapter shall be granted by the Commission unless it finds:
(1) Special circumstances or conditions. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to the land or building and do not apply generally to land or building in the neighborhood, and that the circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building.
(2) Minimum variance. That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Commission is the minimum variance that will accomplish this purpose.
(3) Absence of detriment. That the granting of the variance will be in harmony with the general purpose and intent of the chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Commission, in determining its findings, shall take into account the number of persons residing or working in the buildings or upon the land and traffic conditions in the vicinity.
(4) Not of a general nature. That the condition or situation of the specific piece of property, or the intended use of the property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for the conditions or situation.
(5) Actions of applicants. That the special conditions or circumstances do not result from the actions of the applicant.
(6) Adjacent districts. That no permitted uses of lands, structures, or buildings in other districts on adjacent lands are used as grounds for issuances of such a variance.
(G) Revocation of variance. The Commission may revoke an authorized variance if any condition of the variance is violated. The Commission shall notify the holder of the variance by certified mail of its intent to revoke the variance and of his right to a hearing before the Commission within 30 days of the mailing of the notice if he so requests. If the holder requests a hearing, the Commission shall set a time and place for the hearing and notify the holder. At the hearing the holder may appear in person, by his attorney, or by other representative, or he may present his position in writing. He may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Commission may revoke the variance without a hearing. The authority to revoke a variance is in addition to any other means of zoning enforcement provided by this chapter.
(H) Special exceptions. The Commission shall have the power to grant special exceptions in accordance with the following provisions.
(1) Specific uses. The purpose of a special exception is to grant the Planning Commission the opportunity to permit only those specific uses which are listed as special exceptions within a specific zoning district which would not be appropriate generally or without restriction throughout the zoning district but which may be permitted if the Planning Commission decides that the application satisfies the following standards:
(a) The public's health, safety, morals, welfare, and interest, including but not exclusively, such factors as safety and traffic conditions, surrounding housing or property values, and the socio-economic impact on people working or living in the area surrounding the proposed development;
(b) Whether a nuisance caused by or increased by noise, litter, or lighting conditions will be created, and cannot be controlled;
(c) Whether the proposed development and attendant special exception would protect and preserve the character, attraction, and orderly development of the affected district;
(d) That the proposal not be incompatible with the surrounding area and be an appropriate use as related thereto so as not to be economically, aesthetically, or environmentally detrimental or injurious to the surrounding area, or its workers or residents;
(e) Whether adequate public facilities and services, including, but not exclusively, existing or proposed plans for water, storm sewer, and sanitary sewer, will be available or can be created to serve the anticipated needs of the development, and whether the provisions of such public facilities and services is economically feasible or reasonable to the city and its citizens;
(f) The effect of the proposal on vacant land or other proposed developments in the area so as not to render the use of such vacant land or the completion of such proposed developments unavailable or unlikely.
(2) Conditional approval. In considering special exceptions the Commission shall give consideration to the standards set forth in the immediately preceding divisions. The Planning Commission may also impose such requirements and conditions with respect to location, construction, maintenance, and operation, including but not exclusively, requirements for open spaces, screening, landscaping, construction of fences and other barriers, shielding of lights, erection of safety devices, and locations of vehicular entrances and exits, in addition to those that may be expressly stipulated in this chapter for a particular special exception, as the Commission may deem necessary for the safety and general welfare under the standards set forth hereinabove.
(I) Stormwater Management Code. The Commission shall hear and rule on variances and appeals pertaining to Chapter 51 (Stormwater Management Code) as specifically detailed in that chapter.
(J) Sign Code. The Commission shall hear and rule on variances and appeals pertaining to Chapter 90 (Sign Code).
(K) District changes and regulation amendments. The Commission shall hear and make recommendations to Council concerning proposed zone changes and amendments to the zoning code in accordance with the provisions in this chapter and as summarized in Appendix F.
(1) Development plans and site plans. The Commission shall hear and rule on or make recommendations to Council on development and site plans in accordance with the provisions of this chapter and as summarized in Appendix F.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 20-1987, passed 6-1-87; Am. Ord. 46-1987, passed 12-21-87)