[R.O. 2011 § 400.400; R.O. 2009
§ 156.085; CC 1981 § 30-52; Ord. No. 77-31, 7-5-1977; Ord. No. 97-356, 10-22-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
In all residential zoning districts, as
well as all dwellings located in any other zoning district, dogs,
rabbits, cats, horses or ponies may be kept as domestic pets by the
occupant of a dwelling unit. These animals may not be used or kept
for commercial or resale purposes or so as to cause a public nuisance.
The stable, shed or other place of shelter for a horse or pony shall
not be located closer than fifty (50) feet to any property line. No
horse or pony may be kept on a lot which measures less than two and
one-half (2 1/2) acres in area.
B.
In all residential zoning districts, as well as all dwellings located in any other zoning district, the occupant of a dwelling unit may keep for personal use geese, ducks, turkeys, other species of fowl except for chickens as set forth in Subsection (C) below and rabbits only under the following conditions:
[Ord. No. 15-234 § 1, 10-20-2015]
C.
In all residential zoning districts and
dwellings located in any other zoning district, the occupant of a
dwelling unit may keep for personal use chickens only under the following
conditions:
[Ord. No. 15-234 § 1, 10-20-2015[2]]
1.
Only hens may be kept on residential
property. Roosters are prohibited. In residential lots of seven thousand
(7,000) square feet or less, the maximum number of hens that may be
kept is eight (8). One (1) additional hen is permitted for each two
thousand (2,000) square feet of lot area greater than seven thousand
(7,000) square feet to a maximum of twelve (12) hens.
2.
Hens shall not be kept for commercial
or resale purposes. Hens and eggs may not be sold nor may they be
advertised for sale.
3.
Hens shall be confined in a run (enclosure)
by a fence meeting the following specifications:
4.
A chicken coop shall be located within or adjacent to the fenced confinement area described in Section 400.400(C)(3). No more than one (1) chicken coop may be located on a lot. The chicken coop shall be structurally sound and meet the following specifications:
a.
A roof constructed of standard building
material but not a tarpaulin;
b.
Walls constructed of wood or metal
which are six (6) feet or less in height;
c.
A non-porous floor of vinyl, plastic
or concrete, covered with straw or wood shavings;
d.
Contain a minimum of four (4) square
feet per animal kept;
6.
Both the fenced confinement area
and the coop shall be maintained as to not pose a threat to the public
health, safety or welfare or to cause a public nuisance. No material
from the confinement area or coop shall run off onto adjoining property.
Any manure or waste shall be collected and properly removed from the
premises or tilled into the soil on the premises promptly and regularly
to prevent offensive smells or conditions conducive to diseases.
7.
Food for hens shall be stored in
a sanitary, leak-proof container that cannot be contaminated by rodents
or insects.
8.
Chickens shall not be slaughtered
at any location on the property where the slaughtering may be observed
from another property or a street or alley.
9.
All waste resulting from the slaughtering
of chickens must be disposed of so as not to create a threat to public
health and safety, and not produce obnoxious or foul odors or create
a public nuisance.
D.
In all residential zoning districts and
any single-family and two-family dwellings located in the "C-1" zoning
district, cattle, swine, sheep and goats shall not be kept under any
circumstances.
[R.O. 2011 § 400.410; R.O. 2009
§ 156.086; CC 1981 § 30-70; Ord. No. 77-31, 7-5-1977; Ord. No. 90-68, 3-21-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 06-106, 4-26-2006; Ord.
No. 10-244 § 1, 11-18-2010]
A.
Purpose. In order to regulate and control
the problems of noise, odor, fumes, dust, danger of fire and explosion
and traffic congestion, which result from the unrestricted and unregulated
operation of service stations, and to regulate and control the adverse
effects which service stations may impose upon surrounding areas,
the following regulations and requirements shall apply to all service
stations located in any zoning district.
B.
Reserved.
C.
Minimum Lot Area. The minimum lot area
shall be twenty thousand (20,000) square feet or two thousand (2,000)
square feet for each pump station, whichever is greater.
D.
Minimum Lot Width: one hundred fifty (150)
feet at the building line.
E.
Minimum Lot Depth: one hundred (100) feet.
F.
Maximum Height Of Building: two and one
half (2 1/2) stories or thirty-five (35) feet.
G.
Minimum Setbacks. The minimum setback requirements,
measured from the building line to the property line, are:
H.
Protective Screening.
1.
All discarded tires, parts, trash
and similar objects shall be stored within a masonry enclosure, a
minimum of six (6) feet in height, in the rear half or, in the case
of corner sites, the rear quarter of the site.
2.
When abutting any residential district,
automobile service station sites shall be fenced with a decorative
brick, stone masonry or wood wall or fence a minimum of six (6) feet
in height.
I.
Public Utilities. All automobile service
stations shall be connected to public water and sanitary sewers.
L.
Tanker Delivery. No delivery tanker shall
be allowed to park on a public right-of-way during gasoline delivery,
nor shall any hose be permitted on a public right-of-way.
M.
Gasoline Storage. The total gasoline storage
capacity of each service station shall not exceed twenty thousand
(20,000) gallons, unless permission is granted in writing from the
Fire Chief.
N.
Hours Of Operation. If the automobile service station is within one hundred (100) feet of any residential zoning district, then the service station shall not operate between the hours of 12:00 A.M. and 6:00 A.M. This Subsection (N) shall not apply to any place of business which is engaged in the retail servicing of motor vehicles with fuels and oil and which does not provide repairs. This Subsection (N) shall apply to all service stations existing on the effective date of this Subsection (N) and to those erected after the effective date of this Subsection (i.e., July 5, 1977).
O.
Removal Of Closed Or Inactive Automobile Service Stations. Any automobile service station that is closed to the public and has a dormant, inactive or non-operable status for a period of at least six (6) consecutive months shall be removed from the property upon which it is located. The words "removed from the property," as used herein, shall mean the following: removal of all fuel pumps and associated pipes whether located above or below ground from the premises; removal of any canopies covering fuel pumps; and excavation and removal of all underground storage tanks. Removal of the automobile service station shall be completed within sixty (60) days after the end of the six-month period of closure, dormancy, inactivity or non-operation. Any person who violates any of the provisions of this Subsection shall be subject to the penalty set forth in Section 100.150.
[R.O. 2011 § 400.420; R.O. 2009
§ 156.087; CC 1981 § 30-71; Ord. No. 88-79, 5-19-1988; Ord. No. 91-251, 12-18-1991; Ord. No. 96-44, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-344, 10-7-1999; Ord. No. 00-78, 4-5-2000; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 19-191, 9-17-2019]
A.
Bed-and-breakfast establishments are a conditional use in all residential zoning districts and permitted in agricultural zoning districts subject to the home occupation provisions of this Section as well as Section 400.430. Bed-and-breakfast establishments are permitted by right within the "HCD" Historic Commercial District and "FD" Frenchtown l District. A bed-and-breakfast establishment shall be carried on entirely within the dwelling unit by a member of the family residing in the dwelling unit, shall clearly be incidental and secondary to the use of the dwelling unit for residential purposes and shall conform to the following standards and provisions:
[Ord. No.
21-208, 12-21-2021]
1.
Any necessary business license shall
be obtained pursuant to the requirements of the City of St. Charles
Finance Department.
2.
Other types of occupation or professions
may be permitted within the building where the bed-and-breakfast establishment
is located, subject to the City's home occupation regulations.
3.
Maximum Floor Area Allowed.
a.
Buildings of less than two thousand
five hundred (2,500) square feet of interior living space shall be
allowed to use no more than three (3) bedrooms, nor more than fifty
percent (50%) of the livable floor area of the building for the bed-and-breakfast
establishment.
b.
Buildings of greater than two thousand
five hundred (2,500) square feet of interior living space may be allowed
up to six (6) bedrooms but no more than fifty percent (50%) of the
livable floor area for use of the bed-and-breakfast establishment.
c.
The applicant shall provide a floor
plan showing the specific location of the areas to be used for the
bed-and-breakfast establishment.
4.
No non-family person shall be employed.
5.
No offensive noise, vibration, smoke,
dust, odors, heat or glare shall be produced.
6.
There shall be no exterior display,
no exterior sign, except as permitted herein, no exterior storage
of materials and no other exterior indication of the bed-and-breakfast
establishment or variation from the residential character of the building.
7.
One (1) sign shall be permitted which
shall be unanimated, non-illuminated, flat or window sign having an
area of not more than one hundred forty-four (144) square inches.
The sign shall be attached flat to the building.
8.
No machinery or equipment shall be
installed which interferes with radio or television reception and
which is not customarily incidental to the bed-and-breakfast establishment.
9.
One (1) unobstructed off-street parking
space shall be provided for each available bedroom in the bed-and-breakfast
establishment. The Director of Community Development may grant a variance
if it can be shown that adequate parking already exists.
10.
No additions shall be added to the
residence to establish this use.
11.
No lodger shall be rented a room
for longer than seven (7) consecutive days.
12.
No meals may be served, except for
breakfast and/or brunch.
13.
Meals may be served only to overnight
guests.
14.
The owner/occupant is required to
maintain a guest register which shall be available for inspection
by the City.
[R.O. 2011 § 400.421; Ord. No. 17-261, 11-21-2017; Ord. No. 18-023, 2-20-2018; Ord. No. 18-115, 5-15-2018; Ord. No. 18-259, 11-20-2018; Ord. No. 22-104, 8-2-2022]
A.
All short-term rentals shall comply with the following:
1.
In addition to any applicable permits/licenses, an annual short-term
rental permit shall be required for every short-term rental and renewals
of said permit shall be due prior to the last business day in December
every year. The fee for said permit shall be approved by City Council.
2.
Shall be subject to and shall comply with all requirements of
City and State building, fire safety and occupancy codes and limits.
3.
No occupancy of a short-term rental shall occur in any location
except within the primary structure.
4.
Total short-term rentals within residentially zoned areas shall
be limited to no more than one-half of one percent (0.5%) of the total
housing units in the City as identified by the most recent decennial
census.
5.
Parking shall be provided in accordance with Section 400.670; however, modifications to this standard may be approved by the City Council via a conditional use.
6.
A yearly safety inspection is required for every short-term
rental property. Failure to receive and pass a yearly safety inspection
is grounds of renovation of any permit for the short-term rental.
7.
The owner of any short-term rental property shall apply and
obtain a business license from the City before renting or advertising
the availability of the short-term rental. Failure to maintain an
active business license will be grounds for revocation.
8.
The owner of the short-term rental property shall submit the
following information on the application form provided by the Department
of Community Development, which shall include, at a minimum, the following
information: (a) the name, address, email address, and telephone number
of the owner of the short-term renal property; and (b) such other
information as the City deems reasonably necessary to administer this
Section.
9.
Any false statements or false information provided in the application for a short-term rental property shall be grounds for permit revocation or imposition of penalties as outlined in Section 400.1890.
10.
The owner shall use reasonable, prudent business practices to
insure that the short-term rental property is used in a manner that
complies with all applicable Statutes, ordinances, rules and regulations
pertaining to the use and occupancy of the short-term rental.
11.
The name, address and telephone number of a local contact person
who shall be available twenty-four (24) hours a day, seven (7) days
per week, for the purpose of responding within forty-five (45) minutes
to complaints regarding the condition, operation or conduct of occupants
of the short-term rental property or their guests, shall at all times
be kept on file with the City.
12.
The owner or local contact shall upon notification that any
transient, occupant or guest of the short-term rental property has
created unreasonable noise or disturbances, engaged in disorderly
conduct or committed a violation of any applicable law, ordinance,
rule or regulation pertaining to the use and occupancy of the short-term
rental property, respond in a timely and appropriate manner to immediately
halt or prevent reoccurrence of such conduct. Failure of the owner
or local contact to respond to such calls or complaints regarding
the condition, operation or conduct of the occupants and/or guests
of a short-term rental property in a timely and appropriate manner
shall be grounds for revocation of the permit and shall subject the
owner to all administrative, legal and equitable remedies available
to the City.
13.
The owner or local contact shall use reasonably prudent business
practices to insure that the occupants and/or guests of a short-term
rental property do not create unreasonable noise or disturbances,
engage in disorderly conduct or violate any applicable law, ordinance,
rule or regulation pertaining to the use and occupancy of the short-term
rental property.
14.
No amplified or reproduced sound shall be used outside or audible
from the property line of any short-term rental property between the
hours of 10:00 P.M. and 10:00 A.M.
15.
In order to ensure compliance and compatibility with the surrounding
land uses, each short-term rental shall be affixed with an operable
noise monitoring device. Said device shall notify the tenant and property
owner of any noise deemed unreasonable. Said device shall be documented/inspected
and in good working order prior to the issuance of any occupancy for
the short-term rental.
16.
No short-term rental shall be rented more than one (1) time
between the hours of 6:00 P.M. and 6:00 A.M. in any twenty-four (24)
hour period.
17.
Prior to the rental of a short-term rental, the owner shall:
a.
Obtain through positive identification by driver's license or
passport the contact information of all transients, including the
name, permanent address, telephone number and emergency contact for
each person to occupy the short-term rental property.
b.
Require the transient to execute a formal acknowledgement that
he or she is legally responsible for compliance by all occupants or
guests of the short-term rental property unit with all applicable
laws, ordinances, rules and regulations pertaining to the use and
occupancy of the short-term rental property.
c.
Information required in Subsection (A)(17)(a) and (b) above shall be maintained by the owner for a period of three (3) years and shall be made available upon request to any employee of the City responsible for the enforcement of any law, ordinance rule or regulation pertaining to the use and occupancy of the short-term rental property.
d.
The Director of Community Development or designee shall have
the authority to impose additional conditions on the use of any short-term
rental property to insure that any potential secondary affects unique
to the subject short-term rental property are avoided or adequately
mitigated.
B.
Residential Zoning. Short-term rentals within a residential zoning district shall conform to the following standards and provisions in addition to the standards of Subsection (A) of this Section:
1.
The dwelling unit shall be a single-family, two-family dwelling
or multi-family dwelling.
2.
No short-term rental property shall be within five hundred (500)
feet of another short-term rental property located within a residential
zoning district, unless otherwise permitted by this Section.
3.
A yearly safety inspection is required for every short-term
rental property. Failure to receive and pass a yearly safety inspection
will render the conditional use and/or permit, as applicable, null
and void.
4.
Failure to receive or maintain a valid business license for
the short-term rental property will render the conditional use and/or
permit, as applicable, null and void.
5.
Past Approvals of Short-Term Rental Permits. Unexpired short-term rental permits approved prior to the effective date of this Section shall be permitted to apply for a conditional use regardless of the buffer requirement of Subsection (B)(2) of this Section; however, an application shall be received no later than December 30, 2022. Failure to receive a complete application by December 30, 2022, will render the previous permit null and void and subject to all current standards of short-term rentals, including, but not limited to, the buffer requirement of Subsection (B)(2) of this Section.
C.
Commercial Zoning. Where short-term rentals are within a commercial
zoning district the use shall conform to the standards and provisions
of this Section, as applicable.
D.
Penalties And Enforcement.
1.
The Director of Community Development or designee or the Chief
of Police or designee are responsible for enforcement of this Section.
2.
The Director of Community Development is authorized to suspend or revoke occupancy permits as appropriate for violation of this Section. Appeal of a permit suspension or revocation shall be in accordance with Section 605.240 pertaining to business licenses.
3.
Upon request by the Director of Community Development or designee
or the Chief of Police or designee, the owner shall provide access
to the short-term rental property and to any records related to the
use and occupancy of the short-term rental property during normal
business hours for the purpose of determining compliance with this
Section.
[R.O. 2011 § 400.430; R.O. 2009
§ 156.089; CC 1981 § 30-58; Ord. No. 77-31, 7-5-1977; Ord. No. 86-106, 5-15-1986; Ord. No. 98-209, 5-15-1998; Ord. No. 01-250, 10-24-2001; Ord. No. 07-162, 6-11-2007; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-232 § 1, 11-16-2011]
A.
A home occupation is an occupation or profession
which is customarily carried on entirely within the dwelling unit
by a member of the family residing in the dwelling unit, which is
clearly incidental and secondary to the use of the dwelling unit for
residential purposes and which conforms to the standards and provisions
provided herein. Home occupations may be for profit or not-for-profit.
1.
Standards. Home occupations shall
conform to the following standards:
a.
Up to four (4) types of occupation
or profession shall be permitted within the occupied building.
b.
The total area utilized by home occupations
may not exceed twenty-five percent (25%) of the total floor area and
in no event more than five hundred (500) square feet of floor area
of the occupied building.
c.
All employees and business partners
must reside in the dwelling unit or be related to the applicant by
blood, marriage, or adoption; however, with the review and approval
of a conditional use for one (1) outside employee/business partner
to work from the home occupation location.
[Ord. No.
21-052, 3-16-2021]
d.
No offensive noise, vibration, smoke,
dust, odors, heat or glare shall be produced.
e.
There shall be no exterior display,
no exterior sign, except as permitted herein, no exterior storage
of materials, no direct access from outside the principal building
to the home occupation except that which serves the residential portion,
and no other exterior indication of the home occupation or variation
from the residential character of the principal building.
f.
One (1) sign shall be permitted which
shall be an unanimated, non-illuminated, flat or window sign having
an area of not more than one hundred forty-four (144) square inches
attached flat to the building.
g.
There shall be no customer business
hours between 8:00 P.M. and 8:00 A.M.
[Ord. No.
21-052, 3-16-2021]
h.
No machinery or equipment shall be
installed which interferes with radio or television reception and
which is not customarily incidental to the practice of such occupation
or profession.
i.
No machinery or equipment shall be
permitted which is not customarily found within or incidental to residential
use of property.
[Ord. No. 18-047, 2-20-2018]
2.
Specific Examples Permitted. Permitted
home occupations include, but are not limited to, the following list
of occupations:
a.
A profession such as an engineer,
architect, doctor, dentist, consultant or lawyer.
b.
Dressmakers, seamstresses or tailors.
c.
Music, dancing and other teachers
or tutors; provided the instruction is limited to one (1) pupil at
a time, except for occasional groups.
d.
Beauty and barber services having
not more than one (1) operator.
e.
Real estate or insurance services.
f.
Photography studio primarily devoted
to photography of individuals or small groups.
g.
Minor repair service.
h.
Artists, artisans, and crafts people,
with items produced on premises.
i.
Nursery schools, kindergartens, and
child-sitting services caring for six (6) or fewer children, including
a maximum of three (3) children under the age of two (2), at the same
physical address, not including members of the immediate family of
the operator. Children who live in the operator's home and who are
eligible for enrollment in a public kindergarten, elementary, or high
school shall not be considered in the total number of children being
cared for.
[Ord. No.
21-161, 10-19-2021]
j.
Internet-based businesses without
on-site warehousing or stock-in-trade.
k.
Except as noted above, permitted
home occupations shall be allowed no more than one (1) customer at
a time.
[Ord. No.
21-052, 3-16-2021]
3.
Specific Examples Prohibited. The
following uses are specifically prohibited as home occupations:
a.
Vehicular repair, detailing or sales.
b.
Rental business.
c.
Stables or kennels.
d.
Eating or drinking places.
e.
Nursery schools and kindergartens
and child-sitting services having more than four (4) children at any
one time, not including members of the immediate family of the operator.
f.
Retail or wholesale sales with stock-in-trade
and customers coming to the home, including, but not limited to, dealers
in groceries, appliances, automobiles, computers, and pharmaceuticals.
g.
Veterinarian services or animal hospitals.
h.
Mortuaries and embalming establishments.
i.
Private clubs, including fraternity
and sorority houses.
j.
Sales, distribution or auction services
relating to firearms or alcohol.
4.
Permit, Application And Issuance.
a.
Every person engaged in a home occupation
shall obtain a home occupation permit from the Department of Community
Development, and shall obtain a business license if one is required
for that occupation.
b.
When an application for a home occupation
permit is filed, the Department of Community Development shall schedule
a permit application conference, and shall send a notice of the conference
to the applicant, to the residence on the adjacent properties on all
four (4) sides, and to the Councilmember of that ward. The purpose
of the conference is the discussion of the requirements of the City
ordinances and the proposed home occupation. The applicant, the persons
from the adjacent residences, and the Councilmember may attend and
participate in the conference. Notification of the decision to issue
the permit or to deny it shall be mailed to the applicant, to the
adjacent residences, and to the Councilmember.
5.
Permit Revocation. Whenever the Director
of Community Development determines that a permit holder has violated
any of the standards contained within this Section, the Director may
initiate the following revocation proceedings.
a.
The Director shall notify the permit
holder of the intent to revoke the permit, and state that the revocation
will become effective ten (10) days after the date the notice is mailed
by registered or certified mail or is delivered to the permit holder
at the home where the home occupation is located.
b.
The permit holder may appeal the
decision to revoke within the ten (10) day period by delivering a
written appeal to the Department of Community Development.
c.
If the permit holder appeals the
Director's revocation decision, the Mayor shall set a date for a hearing,
giving at least ten (10) days' written notice of the hearing to the
permit holder, the adjacent residence, and the Councilmember. The
Mayor shall hear and determine the case, and shall cause a record
of the case to be kept, and copies shall be made available to any
interested person upon the payment of a reasonable fee.
[R.O. 2011 § 400.440; R.O. 2009
§ 156.090; CC 1981 § 30-59; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
[R.O. 2011 § 400.450; R.O. 2009
§ 156.091; CC 1981 § 30-60; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
Sight-proof fences or walls shall be required
around the entire area of junk yards and/or used auto parts yards
or salvage yards.
1.
Fences shall not be less than six
(6) feet nor greater than ten (10) feet in height.
2.
Fences shall be designed and constructed
in compliance with existing building codes.
3.
Fences and/or greenbelts shall be
used to shield contents of such businesses from view of public streets
or residences.
4.
Fences shall be properly maintained
at all times.
5.
In no instance shall slatted chain-link
fencing be installed.
B.
Stacking in a junk yard shall be limited
to the height of the fence. There must be enough space provided so
that if any material falls or is blown over, it will fall on the property.
C.
No items for sale shall be stored or displayed
on the fence or outside of the fenced area.
D.
Any business moving to a new location shall
be in full compliance with the regulations of this Section.
[R.O. 2011 § 400.460; R.O. 2009
§ 156.092; CC 1981 § 30-62; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
A manufactured (mobile home), modular,
prefabricated, sectional home, unit or units may be used as a construction
office during the construction, provided any building permit shall
not exceed a period of two (2) years or project completion, whichever
happens first.
B.
A permit from the Department of Community
Development shall be obtained for all manufactured (mobile) homes
used as a non-residential use.
[R.O. 2011 § 400.470; R.O. 2009
§ 156.093; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord.
No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 10-74 § 1, 4-22-2010]
A.
Intent And Purpose. The purpose of this
Section is to regulate the placement, construction and modification
of telecommunications towers, support structures and antennas in order
to protect the health, safety and welfare of the public, while at
the same time not unreasonably interfering with the development of
the competitive wireless telecommunications marketplace in the City.
This Section is intended to:
1.
Provide for the appropriate location
and development of telecommunications facilities and systems to serve
the citizens and businesses of the City;
2.
Minimize adverse visual impacts of
communications antennas and support structures through the careful
design, siding, landscape screening and innovative camouflaging techniques;
3.
Maximize the use of existing and
new support structures so as to minimize the need to construct new
or additional facilities;
4.
Maximize the co-location of facilities
on any new support structures;
5.
Ensure that any new telecommunications
tower or structure is located in an area compatible with the neighborhood
or surrounding community to the extent possible;
6.
Ensure that regulation of telecommunications
towers and structures does not have the effect of prohibiting the
provision of personal wireless services and does not unreasonably
discriminate among functionally equivalent providers of such service.
B.
Legislative Findings.
1.
On February 8, 1996, Congress enacted
the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose
of the Act included deregulation of the telecommunications industry
and providing a more competitive environment for wired and wireless
telecommunication services in the United States.
2.
The Telecommunications Act of 1996
preserves the authority of the City to regulate the placement, construction
and modification of towers and antenna support structures and to protect
the health, safety and welfare of the public.
3.
The City has been granted the authority
to enact legislation to regulate the construction, placement and operation
of telecommunications towers and antennas pursuant to its zoning powers
established in Chapter 89, RSMo., as amended, State Statute and additionally
pursuant to its general and specific police powers established by
Statute authorizing the regulations herein to protect the public health,
safety and welfare.
5.
Consistent with the Telecommunications
Act of 1996, the regulations of this Section will not have the effect
of prohibiting the provision of personal wireless services and do
not unreasonably discriminate among functionally equivalent providers
of such service. The regulations also impose reasonable restrictions
to protect the public safety and welfare and ensure opportunities
for placement of antennas with prompt approval by the City. The Section
does not attempt to regulate in areas within the exclusive jurisdiction
of the FCC.
6.
The uncontrolled proliferation of
towers in the City is threatened without adoption of new regulations
and would diminish property values, the aesthetic quality of the City
and would otherwise threaten the health, safety and welfare of the
public.
C.
General Requirements.
1.
The requirements set forth in this
Section shall be applicable to all telecommunications towers, antennas
and other support structures installed, built or modified after the
effective date of this Section to the full extent permitted by law.
2.
Building Codes, Safety Standards
And Zoning Compliance. The design for a telecommunications tower shall
bear the seal of a structural engineer licensed and in good standing
with the State of Missouri. The structural engineer shall certify
that the tower has been designed such that in the event of structural
failure, it shall only fall on the property upon which it has been
erected and shall not fall on any neighboring property. To ensure
the structural integrity of antenna support structures, the owner
shall see that it is constructed and maintained in compliance with
all standards contained in applicable State and local building codes
and the applicable standards published by the Electronics Industries
Association, as amended from time to time. In addition to any other
approvals required by this Section, no antenna, tower or support structure
shall be erected without verification of zoning compliance and issuance
of a building permit.
3.
Regulatory Compliance. All antennas
and support structures shall meet or exceed current standards and
regulations of the FAA, FCC and any other State or Federal agency
with the authority to regulate communications antennas and support
structures. Should such standards or regulations be amended, then
the owner shall bring such devices and structure into compliance with
the revised standards or regulations within the time period mandated
by the controlling agency. No approval for any placement, construction
or modification of any antenna or structure permitted by this Section
shall be granted for any applicant having an uncured violation of
this Section or any other governmental regulatory requirement related
to such antenna or structures within the City.
4.
Security. All antennas and support
structures shall be protected from unauthorized access by appropriate
security measures. A description of proposed security measures shall
be provided as part of any application to install, build or modify
antennas or support structures. Additional measures may be required
as a condition of the issuance of a building permit or conditional
use permit as deemed necessary by the Commission or by the City Council.
5.
Lighting. Antennas and support structures
shall not be lighted unless required by the FAA or other State or
Federal agency with authority to regulate, in which case a description
of the required lighting scheme will be made a part of the application
to install, build or modify the antennas or support structure. Equipment
cabinets and shelters may have lighting only as approved by the Commission
or by the City Council as part of the conditional use permit approval.
6.
Advertising. Except for a disguised
antenna support structure in the form of attachment to an existing
and otherwise lawfully permitted pylon sign, the placement of advertising
on structures regulated by this Section is prohibited.
7.
Design.
a.
Telecommunication towers, except
towers owned or operated by the City of St. Charles, shall not exceed
one hundred (100) feet unless approved by a conditional use permit.
b.
No two (2) towers, except towers
owned or operated by a government entity, shall be located within
a 1,000-foot radius. The distance shall be calculated from the center
of the base of the tower.
c.
The design of the tower, compound
and building mounted antennas shall maximize use of building materials,
colors, textures, screening and landscaping that effectively blend
the telecommunication facilities within the surrounding natural setting
and built environment.
d.
Landscaping or sight proof fencing
shall be required around the base of the telecommunication tower and
around ancillary structures as indicated on a sketch plan. Landscaping
shall be required to effectively screen ancillary structures from
adjacent development and roadways. Landscaping shall include evergreen
trees a minimum of six (6) feet in height. The evergreen trees shall
be planted ten (10) foot on center.
e.
Telecommunication towers, excluding
stealth towers, shall be set back from any public right-of-way a minimum
of fifty (50) feet. Stealth towers shall be set back from a public
right-of-way the minimum setback required by the zoning district in
which the tower is located.
f.
All towers, disguised support structures,
and related structures, fences and walls shall be separated from the
property line of any adjacent property at least a distance equal to
one-half (1/2) of the height of the tower or structure.
g.
Antennas on structures, including
signage, shall be painted or treated to match the structure to which
they are attached. Antennas shall not exceed five (5) feet above the
structure unless additional height is authorized in the conditional
use permit approving the antenna.
h.
Towers shall not exceed the height
limitation of any airport overlay zone as may be adopted by the City.
i.
On-site parking for periodic maintenance
and service shall be provided at all antenna or tower locations consistent
with the underlying zoning district.
D.
Shared Use. All new telecommunication towers
shall be constructed to accommodate at least one (1) additional user.
Co-location on towers shall be encouraged; the applicant for a permit
for a telecommunication tower shall submit a report to show that no
viable co-location site exists to meet the applicant's coverage requirement.
The report shall address all the existing towers within one (1) mile
of the proposed tower location and shall indicate the reasons the
existing tower(s) cannot include the proposed tower/antenna for co-location.
The report shall include RF frequency coverage map(s) for the proposed
tower and the existing towers within the one (1) mile radius. The
report shall be signed and certified by an electrical frequency engineer.
E.
Obsolete Non-Complying Tower Structures.
Any upper portion of a tower which is not occupied by active antennas
for a period of twelve (12) months, and any entire tower which is
not so occupied for a period of six (6) months, shall be removed at
the owner's expense. Failure to comply with this provision shall constitute
a nuisance that may be remedied by the City at the tower or property
owner's expense.
F.
Commercial Operation Of Unlawful Tower
Or Antennas. Notwithstanding any right that may exist for a governmental
entity to operate or construct a tower or structure, it shall be unlawful
for any person to erect or operate for any private commercial purpose
of any antenna, tower or disguised support structure in violation
of any provision of this Section, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
G.
Penalty. Any person violating this provision
shall be subject to a fine of not more than five hundred dollars ($500.00)
or ninety (90) days in jail, or both. Each day the violation continues
shall constitute a separate offense.
[R.O. 2011 § 400.475; Ord. No. 20-038, 4-7-2020; Ord. No. 20-103, 7-21-2020[1]]
A.
Purpose. This Section's purpose is to adopt
standards for the development, installation, and construction of renewable
energy systems, and to protect property from incompatible uses in
the interest of property values, and public health, safety and welfare
while promoting the use of renewable energy sources.
B.
Applicability.
1.
Renewable energy systems shall be
permitted in residential, commercial and industrial zoning districts
as outlined below.
2.
This Section shall apply to all renewable
energy systems installed or modified after the effective date thereof.
3.
Any upgrade, modification, or structural
change that alters the size or placement of an existing renewable
energy system shall comply with the provisions of this Section.
C.
Building Permit. It shall be unlawful to
construct, erect, and/or install a renewable energy system without
a building permit. Renewable energy systems shall comply with all
applicable City building, mechanical, plumbing, and/or electrical
codes.
D.
Approval by the Community Development Department.
Renewable energy systems require review and approval by the Community
Development Department prior to the issuance of a building permit.
E.
Solar Energy Systems — Minimum Requirements.
1.
The following minimum requirements
apply to all solar energy systems. All solar energy systems shall:
a.
Comply with the primary structure
setback requirements for the zoning district in which the property
is located;
b.
Not be erected prior to the establishment
or construction of the principal structure to which it is accessory
or to which it is intended to be accessory; and
c.
Not be used to display advertising,
including signage, streamers, pennants, reflectors, balloons, flags,
banners or similar materials; provided, the manufacturer's name, equipment
information, warnings, or ownership identification are permitted,
provided the signage is not for advertising purposes.
2.
Minimum Requirements For Ground-Mounted
Solar Energy Systems.
a.
All ground-mounted solar energy systems
shall:
(1)
Be located within the
rear yard of a residential property;
(2)
Not exceed six (6) feet
in height as measured from the average grade at the base of the structure
to the highest point of the structure;
(3)
Have all exterior electrical
and/or plumbing lines that connect to a principal or accessory structure
be located underground; and
(4)
Be screened from view
from adjacent rights-of-way by fencing, walls, plantings or other
architectural feature or any combination thereof of at least the height
of the solar energy equipment.
3.
Minimum Requirements For Roof-Mounted
Solar Energy Systems.
a.
All roof-mounted solar energy systems
shall be mounted on a principal or accessory building or structure.
Roof-mounted solar energy systems shall be considered a permitted
accessory use in all districts subject to the requirements of this
Section and all other building, electrical, mechanical, plumbing or
any other applicable code, permit or authorization.
b.
Mounting On Sloped Roofs. The solar
energy system:
(1)
Shall not exceed the
height of the existing roofline as illustrated below;
(2)
Shall be mounted parallel
to the roof, not to exceed twelve (12) inches above the roofline it
is affixed to, and shall not extend above the peak of the roof; and
(3)
Shall be setback from
roof edge as required by the Building Code.
 |
F.
Small Wind-Energy Systems — Minimum
Requirements.
1.
All small-wind energy systems shall:
a.
Not be permitted in a residential
zoning district and shall only be permitted in a non-residential zoning
district;
b.
Be ground mounted only;
c.
Only be located in the side yard
or rear yard of the property;
d.
Comply with all minimum yard structure
setback requirements for the zoning district in which the property
is located.
e.
Have a maximum turbine height:
(1)
Equal to the distance
from the public right-of-way; or
(2)
Equal to the distance
from any overhead utility lines, unless written permission is granted
by the affected utility; or
(3)
Equal to the distance
from a principal structure located on the property and on adjacent
properties; or
(4)
Equal to the distance
from the closest property line;
f.
Have a sound level that adheres to Chapter 230, Noise Control, of the City Code as measured at the site property line, except during short-term events such as severe storms and utility outages;
g.
Either be stock color from the manufacturer
or painted with a non-reflective, unobtrusive color that blends in
with the surrounding environment;
h.
Have all exterior electrical lines
located underground and within the tower structure;
i.
Not be illuminated by artificial
means, except where the illumination is specifically required by the
Federal Aviation Administration or other Federal, State or local regulations;
j.
Not be erected prior to the establishment
or construction of the principal building to which it is accessory
or to which it is intended to be accessory; and
k.
Not be used to display advertising,
including signage, streamers, pennants, reflectors, balloons, flags,
banners or similar materials. The manufacturer's and equipment information,
warning, or indication of ownership shall be allowed on any equipment
of the small wind-energy system, provided that signage is not for
advertising purposes.
G.
Ground-Source Heat Pump Systems —
Minimum Requirements.
1.
Only closed-loop ground-source heat
pump systems utilizing heat transfer fluids (as defined) are permitted.
Open-loop ground-source heat pump systems are prohibited.
2.
Setbacks.
a.
All components of ground-source heat
pump systems, including pumps, borings, and loops shall be set back
at least five (5) feet from all property lines.
b.
Aboveground equipment associated
with ground-source heat pumps shall not be installed in a front yard.
Equipment shall be located in the side or rear yard, set back at least
five (5) feet from the property line.
c.
Ground-source heat pump systems shall
not be located or encroach upon any recorded easement unless authorization
is provided by the controlling agency of the easement.
d.
The improvement shall not be erected
prior to the establishment or construction of the principal building
which it is accessory or to which it is intended to be accessory.
H.
Review Process.
1.
Approval by the Community Development
Department is required for all renewable energy systems prior to the
issuance of a building permit. The following information shall be
submitted to the Community Development Department:
a.
Building permit application; and
b.
Two (2) copies of a plot plan, drawn
to scale and including the following information:
(1)
Location and size of
the renewable energy system, including the height of the primary structure,
the maximum height of the renewable energy system, and the height
of all other structures located on the property, as applicable;
(2)
The location and type
of screening for a ground-mounted renewable energy system;
(3)
All existing and proposed
easements/rights-of-way on the site;
(4)
Specific structure setbacks
in accordance with the structure setbacks established within the governing
zoning district; and
(5)
Any other information
as may be required by the City.
2.
Renewable energy systems lawfully
installed and operable prior to the effective date of this ordinance
(April 7, 2020), are exempt from the requirements of this Section
unless:
[1]
Editor's Note: This ordinance also amended
the title of this Section, which was formerly Solar Energy Systems.
[R.O. 2011 § 400.480; R.O. 2009
§ 156.094; Ord. No. 03-265, 10-23-2003; Ord. No. 07-162, 6-11-2007; Ord. No. 14-058 § 1, 3-18-2014; Ord. No. 15-073 § 1, 4-21-2015; Ord. No. 16-131 § 3, 6-21-2016]
A.
Intent And Purpose. It is the intent and purpose of this Section to permit defined temporary retail sales uses, outdoor display of merchandise and special events within the City on a controlled, time-limited basis while controlling any adverse impacts on the City's permanent uses. This Section is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This Section does not apply to garage sales, vehicle sales, garden centers accessory to retail establishments, farm produce stands, fireworks stands licensed under Section 215.1100, non-profit organization fund-raising events or to authorized vendors permitted under the auspices of City-recognized civic events.
B.
OUTDOOR DISPLAY OF MERCHANDISE
SPECIAL EVENT
TEMPORARY RETAIL SALES USE
Definitions. For the purposes of this Section,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The outdoor displaying of goods or products normally offered
for sale inside a business on the subject property. Such display may
include items offered only on a seasonal basis such as salt or mulch
in bags.
A temporary use of land for the temporary gathering of people
for a limited duration of time held outside and conducted on non-residentially
zoned private property which is open to the general public. The use
may or may not involve retail sales as an accessory component of the
special event. A special event does not include City-sponsored events
and festivals which may involve the use of private property but are
primarily conducted on public property.
Selling products, merchandise or service to the public, conducted
on a temporary basis and not occupying a permanent structure on the
property on which it is located. The use may or may not occupy a tent
or other removable structure and may or may not be conducted by the
owner or lessee of the property. The use may, but need not, be associated
with a permanent use on the property.
C.
Temporary Retail Sales Permitted In Non-Residential
Zoning Districts. If not already provided for as a permitted or conditional
use by this Chapter, a temporary retail sales use shall be a conditional
use in the non-residential zoning districts of the City, provided
the use meets the criteria set forth in this Section. This Section
shall not supersede or substitute for any other Section of this Chapter
that requires another type of permit, certification or approval.
D.
Criteria For Temporary Retail Sales Uses.
A temporary retail sales use may be conducted by the owner, tenant
or lessee of any property located within a non-residential zoning
district, provided the use meets the following criteria:
1.
The temporary retail sales use shall
obtain a conditional use permit as recommended by the Planning and
Zoning Commission and as approved by the City Council. In reviewing
the conditional use permit application, the following criteria and
standards shall apply:
a.
Sales of products, services or merchandise
not allowed by the specific zoning district in question shall not
be permitted.
b.
The temporary retail sales use shall
not generate noise, vibration, glare, fumes, odors or electrical interference
beyond what normally occurs in the applicable zoning district.
c.
No more than one (1) temporary retail
sales use may operate at any given time on the same property, unless
approved by the same or a separate conditional use permit.
d.
The same location on private property
may not have a temporary use more than six (6) times within a calendar
year, unless approved by the conditional use permit.
f.
The temporary retail sales use shall
be limited in duration by the purpose for which the permit is sought
and as specified through the conditional use permit.
g.
A bond or other security agreement,
in such amount to be determined by the City, as necessary, requiring
and ensuring that the property be kept clean of all trash and debris
during and immediately after the temporary retail sales use must be
posted with the City prior to the establishment of the use.
h.
Information on parking, traffic circulation,
fire prevention, insurance vendors and health certificates where applicable
shall be evaluated. If off-site parking is to be used, then written
permission from the owner of the property on which parking is proposed
must be provided.
i.
In issuing a conditional use permit,
the Planning and Zoning Commission may recommend and the City Council
may approve appropriate conditions and safeguards as are necessary
to protect the public interest and ensure harmony with the intent
and purpose of this Section. If an applicant fails to meet such conditions,
if the use becomes a nuisance or if any provision of the Code of Ordinances
is violated by the use, the conditional use permit may be revoked
by the Department of Community Development upon providing the applicant
with written notice of the revocation. If the use endangers the public
health or safety, then the Director of Community Development may revoke
the permit immediately. The applicant may appeal the revocation of
the conditional use permit to the Planning and Zoning Commission.
j.
No conditional use permit authorizing
a temporary retail sales use shall be transferable, assignable or
otherwise alienable, nor shall any such permit be granted authorizing
a temporary retail sales use in a residential zoning district. Temporary
retail sales uses shall be expressly prohibited in residential zoning
districts.
2.
Natural Disaster Or Other Health
And Safety Emergencies. Temporary uses and structures that may be
necessary as a result of a natural disaster or other health and safety
emergencies, as determined by the Mayor, shall be permitted for the
duration of the emergency or a maximum of sixty (60) days.
E.
Criteria For Outdoor Display Of Merchandise. Except for outdoor displays of merchandise in the South Main Preservation District which shall be governed by Subsection 400.480(G) and outdoor displays of merchandise approved by the City as part of a development plan, merchandise (items that are typically offered for sale within the corresponding business) may only be displayed outside an allowed, licensed business within a "C-1," "C-2," "C-3," "I-1" or "I-2" Zoning District, provided that the following conditions are met:
1.
Display Area.
a.
The display area shall not extend
beyond an area ten (10) feet beyond the storefront; and
b.
There shall be a continuous, unobstructed
four-foot-wide path from the back of the curb or street and/or drive
aisle if no curb exists. No portion of the display shall be on publicly
owned property unless the applicant shall first have obtained approval
for such uses from the City; and
c.
The display of merchandise shall
not extend beyond the width of the storefront; and
d.
No required off-street parking space
or loading area will be utilized for such display; and
e.
For any business that is located
on a corner, merchandise may only be displayed in the area along the
main entrance; and
f.
Merchandise shall not be attached
to or hanging from any structure; and
g.
Merchandise may only be displayed
during the business hours of operation.
2.
This Subsection (E) shall in no way be deemed to authorize the outdoor display of salvage material or any other items not ordinarily allowed for sale in the corresponding zoning district in which the use is situated.
3.
The provisions of this Subsection (E) shall not apply in the "HCD" Historic Commercial District, the "SMPD" South Main Preservation District or "LMPD" Landmark Preservation District.
4.
The requirements of Subsection (E)(1)(a) through (g) may be modified if the Planning and Zoning Commission recommends and the City Council approves a conditional use permit granting the modification in accordance with the following criteria:
a.
How the proposed conditional use
(the use in general) is in harmony with the purposes, goals, objectives,
policies and standards of the St. Charles Comprehensive Plan and any
other plan, program or ordinance adopted or under consideration pursuant
to official notice by the City;
b.
How the proposed conditional use
(in its proposed location) is in harmony with the purposes, goals,
objectives, policies and standards of the St. Charles Comprehensive
Plan and any other plan, program or ordinance adopted or under consideration
pursuant to official notice by the City;
c.
Whether the proposed conditional
use, in its proposed location and as depicted on the required site
plan, results in a substantial or undue adverse impact on the adjacent
property, the character of the neighborhood, environmental factors,
traffic factors, parking, public improvements, public property or
rights-of-way or other matters affecting the public health, safety
or general welfare, either as they now exist or as they may in the
future be developed as a result of the implementation of the provisions
and policies of the Zoning Ordinance, Comprehensive Plan or any other
plan, program or ordinance adopted or under consideration pursuant
to official notice by the City;
d.
Whether the proposed conditional
use maintains the desired consistency of land uses, land use intensities
and land use impacts as related to the environs of the subject property
as directed by the Comprehensive Plan;
e.
Whether the proposed conditional
use is located in an area that will be adequately served by and will
not impose an undue burden on any of the improvements, facilities,
utilities or services provided by public agencies serving the subject
property;
f.
Whether the potential public benefits
of the proposed conditional use outweigh the potential adverse impacts
of the proposed conditional use as identified above, after taking
into consideration any proposal by the petitioner and any requirements
recommended by the petitioner and/or City staff to ameliorate such
impacts.
F.
Criteria For Special Events. Special events
may be conducted on private property within the "C-1," "C-2," "C-3,"
"O-I," "I-1," "I-2," "CBD," "FHCD" or "HCD" zoning districts and within
the commercial portion of any planned development district, provided
the following conditions are met:
1.
Permit Required.
a.
A special event permit shall be required
for a special event.
b.
A special event permit application
shall be submitted to the Department of Community Development at least
fourteen (14) days prior to the start date of the special event to
allow sufficient time for review of the application. Additional requirements
associated with a special event such as a liquor license may require
additional review time.
c.
The fee for a special event permit
is twenty-five dollars ($25.00) and shall be paid at the time the
special event permit application is submitted.
d.
A special event permit application
shall be reviewed by the Director of Community Development in conjunction
with the Departments of Fire, Police and Public Works.
e.
Each special event permit application
shall include a site sketch; the dates and hours of the special event;
anticipated attendance each day; an agenda, itinerary or schedule
of events for each day; a detailed plan for parking both on site and
off site, a traffic management plan, a sign plan, identification of
all temporary structures; food, vending, and alcoholic beverages service
or sales, on-site restroom facilities plan, litter receptacle plan
and security plan; the dates, times and location of any live music
performance or music broadcast that is amplified by speakers or any
other means; a site remediation plan; and any other information deemed
necessary by the City.
f.
Each special event permit application
shall include documentation that the owner of the property where the
special event will be held has authorized the property to be used
for the special event. This requirement includes property used for
parking.
2.
Standards For Special Event Permits.
a.
There shall not be more than four
(4) special events located upon the same property within the same
calendar year, and each special event shall not exceed a period of
three (3) consecutive days. These requirements may be modified by
a conditional use permit issued by the City Council upon recommendation
by the Planning and Zoning Commission.
b.
The special event shall only be conducted
in accordance with the special event permit issued, including any
conditions or restrictions.
c.
It is the sole responsibility of
the special event applicant to demonstrate and ensure that public
safety, adequate on-site restroom facilities and litter control are
provided.
d.
The special event applicant shall
demonstrate that the special event will not cause traffic congestion
given the anticipated attendance in relation to the design of adjacent
streets and intersections. A traffic management plan shall be submitted
as part of the request for a special event permit.
e.
The special event applicant shall
demonstrate that adequate off-street parking is available for the
anticipated attendance of the special event and that the event shall
not cause a shortage of parking for any other use. Off-street parking
used for a special event must be a solid surface such as asphalt or
concrete.
f.
The sign plan submitted with the special event permit application shall be reviewed in accordance with Chapter 400, Article XVI, Sign Regulations. Notwithstanding, the Director of Community Development may approve temporary signage totaling twenty-four (24) square feet in the form of a banner or portable sign. Properties with multiple street frontages may have such signs totaling twenty-four (24) square feet on each frontage.
g.
Upon conclusion of the special event,
the site must be restored to its previous condition within twenty-four
(24) hours.
h.
The City may inspect, as may be necessary,
to ensure compliance with this Section and all other ordinances relating
thereto.
3.
Other Requirements.
a.
No special event permit shall be
issued unless all other City, County and State licenses and permits
required for the special event have been issued. These licenses and
permits include but are not limited to business license, Missouri
liquor license, County liquor license, City liquor license, County
Health Department, City electrical code and fire code. It is the responsibility
of the special event permit applicant to ensure all licenses and permits
are timely obtained.
b.
The special event shall comply with noise control provisions found in Chapter 230 of the Code of Ordinances.
c.
The special event shall comply with
all applicable City, County, State and Federal health, safety, environmental
and other applicable requirements.
4.
Denial Of Special Event Permit. The
Director of Community Development shall have the authority to deny
a special event permit application based on incomplete information
or if, in the opinion of the Director of Community Development, the
proposed special event will have a negative impact on the health,
safety and general welfare of the community. In addition, the Director
of Community Development may deny a special event permit application
if the applicant has failed to comply with the requirements of any
previously issued special event permit.
5.
Appeals Of Permit Denial. An applicant
may appeal a denial of a special event permit within ten (10) days
of the decision by the Director of Community Development to the City
Council. The City Council shall, at its next regularly scheduled Council
meeting at least ten (10) days after the applicant's appeal to the
City Council, consider the facts relevant to the denial of the permit
and either shall uphold the denial or reverse the decision of the
Director of Community Development.
G.
Criteria For Outdoor Display Of Merchandise
In The South Main Preservation District. The outdoor display of merchandise
is allowed within the South Main Preservation District (SMPD) subject
to the following conditions:
1.
Merchandise may be displayed outdoors
only when the business is open to the public. In no case shall merchandise
be displayed overnight.
2.
Merchandise displayed outdoors must
be available for purchase or rent inside the business.
3.
A clear and unobstructed path at
least forty-four (44) inches wide must be maintained on the sidewalk
adjoining the business at all times.
4.
Merchandise may not encroach upon
parking spaces or driveways. Merchandise may be displayed in a front,
side or rear yard, provided that:
5.
Merchandise may not obstruct sight
distance for vehicular or pedestrian traffic, and it may not be located
within five feet of a bus stop, fire hydrant, pedestrian crosswalk
or handicapped corner curb cut. Merchandise may not obstruct pedestrian
or vehicular access to the curb.
6.
Merchandise, whether individual items
or stacked items, may not exceed four (4) feet in height above grade.
7.
Merchandise affixed to the building may be located only on the front (street facing) facade and may not occupy more than ten percent (10%) of the total square feet of the building's front facade. Clothing or wearable goods may only be displayed on freestanding body forms [as delineated in Subsection (G)(9) of this Section] and not hung or attached to any portion of the front facade, including, but not limited to, shutters, doors and windows.
8.
No sales may take place outside the place of business, and all transactions must take place indoors except during the Festival of the Little Hills. During the Festival of the Little Hills, sales may take place outside the business on private property during the posted event hours. [See Condition No. 12 in Subsection (G)(12).]
9.
Not more than two (2) body forms
made of wood, wire or metal may be displayed outside a business, provided
that the merchandise displayed on the body form is representative
of at least fifty percent (50%) of the stock offered for sale and
provided that all other conditions of this Section are observed. Body
forms may exceed the maximum height of four (4) feet, but in no case
shall they exceed six (6) feet in height. Under no circumstances may
clothing racks, hat racks or tables be displayed outside.
10.
Merchandise may not be displayed
on a public right-of-way without a right-of-way encroachment license
from the City.
11.
Tents made of any material may not be used except during the Festival of the Little Hills. [See Condition No. 12 in Subsection (G)(12).]
12.
During the Festival of the Little Hills, merchants that normally operate in the SMPD may display merchandise outside on the sidewalk adjacent to their premises or private property without approval of the Festival Committee set forth in Code Section 125.810, provided that the merchandise displayed is normally offered for sale and provided that all conditions of this Section are observed. Merchants that do not normally operate in the SMPD may display merchandise outside, provided that they obtain the approval of the Festival Committee and display merchandise only in the location authorized by the Festival Committee. Tents no larger than ten (10) feet by ten (10) feet [one hundred (100) square feet] may be used for the outdoor display of merchandise only during the Festival of the Little Hills.
13.
Deviations from these conditions may be allowed only with a conditional use permit reviewed by the Planning and Zoning Commission and approved by the City Council per the procedure in Section 400.961(A). The application fee for a conditional use permit in this case shall be thirty-five dollars ($35.00).
[Ord. No. 24-009, 2-6-2024]
[R.O. 2011 § 400.490; R.O. 2009
§ 156.095; Ord. No. 08-77, 4-16-2008; Ord. No. 10-144 § 1, 7-8-2010; Ord. No. 10-244 § 1, 11-18-2010]
A.
Intent And Purpose. It is the intent and purpose of this Section and Section 400.500 to allow sidewalk cafes upon City right-of-way through the issuance of a sidewalk cafe permit and right-of-way encroachment license to control and limit any adverse impact on pedestrian traffic and other uses of the right-of-way. Notwithstanding the forgoing, sidewalk cafes permits shall not be available to businesses located on that portion of South Main bordered on the north by First Capitol Drive and bordered on the south by Reservoir Drive. This Section and Section 400.500 shall be exempt from the requirements of Sections 400.340(C), 400.350(C), 400.360(C) through (D), 400.370(C) through (D), 400.380(C) and 400.1180 through 400.1320, inclusive.
B.
PERMIT
PERMITTEE
RESTAURANT
RIGHT-OF-WAY
RIGHT-OF-WAY ENCROACHMENT LICENSE
SIDEWALK
SIDEWALK CAFE
STREET
Definitions. When used in this Section and Section 400.500, the following words shall have the following meanings unless the context clearly indicates or requires a different meaning.
A sidewalk cafe permit issued pursuant to this Section and Section 400.500.
The recipient of a sidewalk cafe permit.
A food service establishment that is maintained and operated
as a place where food and beverages are prepared, served and sold
for consumption on the premises.
Land in which the City has an easement, has been dedicated
by use or is required for use as a sidewalk, street or alleyway.
A revocable license to operate a sidewalk cafe on the City
right-of-way.
That portion of the right-of-way which is located between
the curb line or the lateral line of a street and the adjacent property
line and which is intended for use by pedestrians.
A use located on a public sidewalk that is associated with
a restaurant where food and beverages are prepared, served, sold and
are delivered for consumption on the sidewalk. A sidewalk cafe is
characterized by tables and chairs and may be shaded by awnings, canopies
or umbrellas. Special events permitted by the City shall not be deemed
sidewalk cafes.
That portion of a right-of-way improved, designed or ordinarily
used for vehicular traffic or parking.
C.
Standards, Criteria And Conditions. The
following standards, criteria and conditions shall apply to the establishment
and operation of sidewalk cafes:
1.
Sidewalk cafes are restricted to
the sidewalk frontage of the building where the restaurant is located.
The design of sidewalk cafes shall be so that there is a free flow
of pedestrian access on the sidewalk.
2.
No sidewalk cafe permit shall be
issued where the tables and chairs would be placed within five (5)
feet of bus stops, fire hydrants, non-pedestrian alleyways, a pedestrian
crosswalk or a handicapped corner curb cut.
3.
Sidewalk cafes shall be located in
such a manner that a distance of not less than forty-four (44) inches
is maintained at all times as a clear and unobstructed pedestrian
path between the curb line or the lateral line of a street and the
adjacent property line or shall comply with the American with Disabilities
Act requirements, whichever is greater.
4.
No object shall be permitted around
the perimeter of an area occupied by tables and chairs which would
have the effect of forming a physical or visual barrier discouraging
the free use of the tables and chairs by the general public or which
would have the effect of obstructing the pedestrian path. Exceptions
to this requirement may be granted by the City Council through the
approval of a right-of-way encroachment license when sidewalk cafes
are located on street right-of-way used solely for pedestrian traffic,
provided, that adequate walkway space, as determined by the City Engineer,
is provided for pedestrian traffic.
5.
Tables, chairs, umbrellas and other
permissible objects provided within the sidewalk cafe shall be of
quality, design, materials, size, elevation and workmanship both to
ensure the safety and convenience of users.
6.
Umbrellas and other decorative material
shall be fire-retardant, pressure-treated or manufactured of fire-resistant
material.
7.
Tables, chairs, umbrellas and other
permissible objects provided with a sidewalk cafe shall be maintained
with a clean appearance and shall be in good repair at all times.
8.
Except for in any of the recognized
historic districts, the following condition shall apply: a maximum
of one (1) menu board and one (1) specials board shall be permitted
per sidewalk cafe. The board shall be in compliance with the sign
ordinance. Signs are permitted on umbrellas and shall be in compliance
with the sign ordinance.
9.
The permit may be transferred to a new owner only for the location and area listed on the permit. The transferee of the permit shall be required to comply with this Section, Section 400.500, applicable insurance requirements and execute a right-of-way encroachment license.
10.
The Mayor may require the temporary
removal of sidewalk cafes for special events, or when street, sidewalk
or utility repairs necessitate such action.
11.
The Mayor may order the immediate
removal or relocation of all or parts of a sidewalk cafe in emergency
situations or for safety considerations, without notice. The City
and its officers and employees shall not be responsible for sidewalk
cafe fixtures relocated during emergencies.
12.
The permittee shall use positive
action to ensure that its use of the sidewalk in no way interferes
with sidewalk users or limits their free, unobstructed passage.
13.
The area covered by the permit, including
the sidewalk, curb and gutter immediately adjacent to it and all sidewalk
frontage of the restaurant for which the permit is issued, shall be
maintained in a neat and orderly appearance at all times by the permittee.
The area shall be kept clear of all debris. The permittee shall also
be responsible for cleaning the ground or floor surface on which the
sidewalk cafe is located and the gutter area immediately adjacent
to the sidewalk cafe. Such cleaning shall include pressure cleaning.
If the area covered by the permit is not maintained in a neat and
orderly appearance after five (5) days' written notice, the City may
then take steps necessary to place the property in a neat and clean
order and charge the permittee with the reasonable cost of repairs.
Such action by the City does not create a continuing obligation on
the part of the City to make further repairs or to maintain the property
and does not create any liability against the City for any damages
to the property if such repairs were completed in good faith.
14.
No advertising signs or business identification signs shall be permitted in the public right-of-way except as permitted in Subsection (C)(8) of this Section.
15.
No tables, chairs or any other parts
of sidewalk cafes shall be attached, chained or in any manner affixed
to any tree, post, sign or other fixture, curb or sidewalk in or near
the permitted area.
16.
Sidewalk cafe seating shall be included
when determining the requirements for parking and bathroom facilities
of the restaurant.
17.
No cooking or fire apparatus shall
be allowed on the public sidewalk whether or not such area is covered
by this permit.
18.
Only the sidewalk cafe equipment specifically shown on the approved site plan drawing referenced in Section 400.500(B)(5) shall be allowed in the permit area. The estimated chair count per table may vary within the prescribed area, provided that the chairs remain within the approved sidewalk cafe area. No permanent storage of chairs, tables, dishes, silverware or other sidewalk cafe equipment shall be allowed in the permit area, in any portion of the public right-of-way or outside the structural confines of the building in which the restaurant is located; however, the permittee may maintain such non-permanent structures as rolling service stations in the permit area during hours of operation.
19.
There shall be no live entertainment
or speakers placed in the permit area unless approved and properly
permitted by the City.
20.
The City shall, as deemed necessary,
inspect all sidewalk cafes for which permits have been issued to determine
whether such sidewalk cafes conform to the criteria set forth in this
Subsection.
21.
The hours of operation for a sidewalk
cafe shall be from the start of business until 11:00 P.M. or thirty
(30) minutes after last food service, whichever is earlier, unless
the sidewalk cafe is completely enclosed by fencing or barricades
in which case the hours of operation for the sidewalk cafe shall cease
at 1:00 A.M.
22.
Section 600.100 of this Code, which prohibits drinking in public places, shall not be enforceable against patrons of a duly permitted sidewalk cafe so long as open containers of alcohol remain within the sidewalk cafe's premises and are only available for consumption during the sidewalk cafe's hours of operation.
[R.O. 2011 § 400.500; R.O. 2009
§ 156.096; Ord. No. 08-77, 4-26-2008]
A.
No person shall establish a sidewalk cafe
on any public right-of-way or sidewalk until a permit to operate the
sidewalk cafe has been issued and where a right-of-way encroachment
license has been executed by the applicant and the City. Sidewalk
cafes shall only be located where permitted by the City's zoning regulations.
Sidewalk cafe permit applications shall be reviewed and approved in
the manner as set forth in this Section.
B.
General Application Criteria. Application
for a sidewalk cafe permit shall be made to the City on a form provided
by the Director of Community Development. The application shall include,
but not be limited to, the following information and attachments:
1.
The name, address and telephone number
of the applicant;
2.
The name and address of the restaurant;
3.
A copy of a valid occupancy permit
for the building where the proposed sidewalk cafe will be located;
4.
A copy of a current certificate of
insurance in the following categories and amounts:
a.
Commercial general liability insurance
in the amount of no less than the minimum amount stated in Section
537.610.1, RSMo., and as adjusted annually as determined pursuant
to Section 537.610.5, RSMo., for all claims arising out of a single
occurrence and for any one (1) person in a single accident or occurrence.
All insurance shall be from companies duly authorized to do business
in the State of Missouri. All liability policies shall provide that
the City, its elected officials and employees are an additional insured
as to the operation of the sidewalk cafe and shall provide the severability
of interest provision.
5.
A detailed site plan, including,
but not limited to, the following:
a.
The proposed use, materials, colors
and design;
b.
Relationship of the sidewalk cafe
to the adjacent existing building and their uses and entrance locations;
c.
The location of any utilities that
might effect or be affected by the proposal;
d.
The relationship of the sidewalk
cafe to the centerline of the adjacent street, if applicable, and
to any existing or proposed public improvements, including, but not
limited to, benches, fire hydrants, light standards and landscaping;
e.
A drawing (to scale) showing the
layout and dimensions of the existing sidewalk area and adjacent private
property, existing fire hydrants, tree guard railings, fixed tree
planters, utility and above ground fixtures, proposed location, size
and number of tables, chairs, steps, planters, umbrellas, location
of doorways, location of trees, parking meters, bus stops and shelters,
sidewalk benches, trash receptacles and any other sidewalk obstructions,
either existing or proposed, within the pedestrian area;
f.
Photographs, drawings or manufacturer's
brochures fully describing the appearance of all proposed tables,
chairs, umbrellas or other objects related to the sidewalk cafe;
g.
A legal description of the property
and the total square footage and exact dimensions of the proposed
sidewalk cafe;
h.
The existing and proposed pedestrian
circulation pattern; and
i.
Floor plan of the existing building
and any proposed modification showing the relationship of food preparation
areas to the sidewalk cafe.
6.
Plans for the operation of the sidewalk
cafe including, but not limited to, hours of operation, maintenance
of the sidewalk cafe and services to be provided; and
7.
A right-of-way encroachment license
in the form required by the City and signed by the applicant.
C.
Application Review. The Department of Community
Development shall review the application and approve or deny the permit.
The Department of Community Development may deny an application for
a sidewalk cafe permit where:
1.
The applicant has failed to comply
with any of the submission requirements contained in this Section;
2.
The sidewalk cafe, as the applicant
represents how it will be operated, fails to comply with the criteria
set forth in this Section or the conditional use permit requirements
of Section 400.980(J);
3.
Any information submitted by the
applicant is found to be incorrect; or
4.
Staff review indicates that the sidewalk
cafe would create an obstruction to or cause congestion of pedestrian
or vehicular traffic due to existing conditions on the surrounding
public right-of-way so as to represent a danger to the health, safety
or general welfare of the public. In the event the Department of Community
Development denies a permit, the applicant may within ten (10) days
of the date of the denial appeal the denial to the City Council. Notice
of denial shall be sent to the applicant by United States mail, certified
mail, return receipt requested at the address shown on the permit
application. Upon an appeal of the denial of a permit, the Department
of Community Development shall prepare a report to the City Council.
The Council shall hear the appeal in no less than ten (10) days' notice
to the applicant. The Council may affirm or reverse the decision of
the Department of Community Development.
D.
Permit Issuance. A sidewalk cafe permit
shall be subject to the following conditions:
1.
Effective Period. Each permit shall
be effective for one (1) year subject to annual renewal as provided
below.
2.
Hold Harmless Provision. Both the
permit and the right-of-way encroachment license shall include an
explicit hold harmless provision holding the City harmless from any
and all liability arising out of the issuance of a sidewalk cafe permit,
execution of the right-of-way encroachment license and the operation
of the sidewalk cafe.
3.
Site Plan Controlled. The permit
shall be specifically limited to the area shown on the exhibit attached
to the application and made part of the permit. The right-of-way encroachment
license shall be specifically limited to the area described in the
permit and right-of-way encroachment license or any attached exhibits.
E.
Permit Renewal. The permit renewal fee
will become due and payable thirty (30) days prior to the expiration
of the permit. Together with such fee, the permittee shall provide
the Department of Community Development with a renewal application
on a form provided by the department containing the location of the
sidewalk cafe. An application for renewal must include a new site
plan if any changes are being made to the previously approved sidewalk
cafe's structure or layout. Failure to pay the renewal fee or submit
the renewal application with supporting documentation (where applicable)
at least thirty (30) days prior to the expiration of the existing
sidewalk cafe permit shall be grounds to reject the renewal application.
In the event of rejection, the permittee shall remove the sidewalk
cafe upon the expiration of the existing sidewalk cafe permit.
F.
Permit Suspension Or Revocation. The City may, as deemed necessary, inspect sidewalk cafes to determine compliance to the criteria set forth in this Section and Section 400.490. The Department of Community Development may revoke or suspend a permit for any sidewalk cafe if it is found that:
1.
Any necessary business or health
permit has been suspended, revoked or canceled;
2.
Permittee does not have insurance
which is correct and effective in the minimum amount as required in
this Section;
3.
Changing conditions of pedestrian
or vehicular traffic cause congestion necessitating the removal of
the sidewalk cafe. Such decisions shall be based upon findings that
the existing conditions represent a danger to the health, safety or
general welfare of the public;
4.
Permittee fails to maintain or keep
the sidewalk safe and clean; or
5.
Permittee has failed to correct violations
of the City Code of Ordinances within five (5) working days of receipt
of the official's notice of same delivered in writing to the permittee.
Upon revocation or suspension of a permit, the Department of Community
Development shall give notice of such action to the permittee in writing
stating the action which has been taken and the reason therefor. The
revocation or suspension shall become effective within fifteen (15)
days following receipt of the notice by the permittee unless appealed
as provided in this Code.
G.
Fee. The annual fee for a sidewalk cafe
permit is fifty dollars ($50.00) and shall not be prorated.
[R.O. 2011 § 400.510; R.O. 2009
§ 156.097; Ord. No. 08-195, 9-17-2008]
A.
Intent And Purpose. It is the intent and
purpose of this Section to allow the use of portable on demand storage
containers on a controlled, time limited basis.
B.
Definition. For purposes of this Section,
a "portable on demand storage container" is a portable container designed,
constructed and used for temporary storage of property. Typically,
a portable on demand storage container is rented for a short time
period and is removed by truck upon the expiration of the rental period.
A portable on demand storage container is not a dumpster or receptacle
used for the disposal of solid waste.
C.
Permit Required. No person shall park or
cause to be parked a portable on demand storage container on residential
property for longer than five (5) days without first obtaining a permit
from the Department of Community Development.
D.
Permit Duration And Display. A portable
on demand storage container permit shall be valid for thirty (30)
days and may be renewed for one (1) additional thirty-day period.
Persons applying for a permit for use in conjunction with fire, flood,
storm or other disaster repair may be issued a ninety-day permit which
may be renewed for one (1) additional ninety (90) day period. The
permit shall specify the dates during which the container may be located
on the property; the location where the container will be situated
on the property; and be affixed to the container and displayed as
long as the container remains on the property. Not more than three
(3) permits may be issued for any lot or parcel of property in any
consecutive twelve-month period. There shall be no fee for the issuance
of the permit.
E.
Restrictions On Placement. Portable on
demand storage containers:
1.
Shall be placed on a solid surface;
2.
Shall not be placed on public streets
or in the right-of-way, except in case of when no driveway is present,
containers may be stored upon the public right-of-way with permission
of the Department of Engineering;
[Ord. No. 18-258, 11-20-2018]
3.
Not placed on a driveway shall be
set back at least five (5) feet from the property line; and
4.
Shall not be situated in front of
a residential structure's windows or doors so as to impede ingress
or egress from the structure in the case of an emergency.
|
Nothing in this Subsection is intended
to prohibit the placement of a container in front of a garage door.
|
[R.O. 2011 § 400.515; Ord. No. 10-244 § 1, 11-18-2010]
A.
Purpose. The purpose of these regulations
is to regulate the location, placement and duration of temporary tents
in non-residential areas.
B.
Exceptions. The following regulations shall
not apply to construction trailers or any other type of temporary
shelter as otherwise regulated within the Zoning Ordinance.
D.
Areas Permitted. Temporary tents are permitted
on properties zoned "C-1," "C-2," "C-3," "I-1," "I-2" and "CBD" occupied
by an existing non-residential land use.
E.
Permits. No person shall construct a temporary
tent for commercial use without first obtaining a tent permit. No
tents shall be erected prior to the issuance of an approved tent permit.
1.
Permit Length. The maximum length
of a temporary tent permit shall be thirty (30) days. Additional time
shall only be granted through the approval of a conditional use permit.
2.
Frequency. One (1) permit per calendar
year shall be issued per commercial business. In the case of multiple-tenant
buildings, only one (1) permit shall be allowed at any one time. Additional
permits may be granted through the approval of a conditional use permit.
G.
Uses For Tents. Tents may be only used
as an accessory use to an existing primary use permitted within the
applicable zoning district, or for an approved temporary retail sales
use.
H.
Conditions For Tent Approval. The following
minimum conditions are required for approval of a tent permit:
1.
Shall not be located within any required
yards or buffer areas;
2.
Shall not be located within the sight
triangles for any intersections, public or private;
3.
Shall not reduce the available parking
spaces below what is required for the site through the Zoning Code;
4.
Shall be located upon a paved surfaced
area;
5.
Are subject to any applicable building
or Fire Department codes or regulations;
6.
All signage must comply with the
sign regulations; and
7.
May be subject to additional conditions
as deemed necessary to protect the public health, safety and welfare
by the City of St. Charles.
I.
Removal. Tents must be dismantled and removed within twenty-four (24) hours after the expiration date of the permit. Failure to comply with the removal provisions within seventy-two (72) hours from the expiration date of the permit may result in citation, subject to a fine per Section 400.1890 of this Code.
[R.O. 2011 § 400.520; Ord. No. 10-98 § 1, 5-20-2010]
A.
Intent And Purpose. It is the intent and
purpose of this Section to allow the use of commercial storage containers
on property zoned "C-1" Neighborhood Business District or higher on
a controlled, time limited basis.
B.
Definition. For purposes of this Section,
a "commercial storage container" is a portable container designed,
constructed and used for temporary storage of goods, merchandise and
supplies offered for sale or used by a permitted retail operation.
Typically, a commercial storage container is rented for a short time
period and is removed by truck upon the expiration of the rental period.
A commercial storage container is not a dumpster or receptacle used
for the disposal of solid waste.
C.
Permit Required. No person shall park or
cause to be parked a commercial storage container on commercial property
without first obtaining a permit from the Department of Community
Development.
D.
Permit Duration And Display. A commercial
storage container permit shall be valid for ninety (90) days. Additional
time may be granted by the Director of Community Development upon
a showing of good and sufficient cause. The permit shall specify the
dates during which the container may be located on the property; the
location where the container will be situated on the property; be
affixed to the container displayed long as the container remains on
the property. There shall be no fee for the issuance of the permit.
E.
Restrictions On Placement And Condition.
One (1) commercial storage container is permitted per business. Additional
permits, allowing additional commercial storage containers on the
same property, may be issued where the Director of Community Development
determines the lot is of sufficient size to accommodate the additional
commercial storage container(s). The proposed location of a commercial
storage container shall be approved by the Fire Marshall to ensure
that firefighting equipment and personnel have adequate access to
the building. In addition, commercial storage containers:
1.
Shall be placed on a paved surface
behind the back of the building, between the side yards;
2.
Shall not be placed on public streets
or in the right-of-way;
3.
Shall not be situated on a parking
lot in such a way that it reduces the minimum number of available
parking spaces required by City ordinance;
4.
Shall not create a traffic hazard
or cause an obstruction to the flow of customer traffic or service
vehicles, including, but not limited to, delivery vehicles and solid
waste collection trucks; and
5.
Shall be maintained in a clean and
orderly condition, kept free of trash and debris and be locked and
secure at all times except when being accessed by authorized personnel.
[R.O. 2011 § 400.530; R.O. 2009
§ 156.100; CC 1981 § 30-51; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-143 § 2, 7-8-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 16-266 § 5, 12-20-2016; Ord. No. 17-151 § 4, 7-28-2017; Ord. No. 18-231, 10-16-2018]
A.
Residential Accessory buildings, where permitted, shall be subject to the following regulations. See Figure 1 following Section 400.050.
1.
Use. No accessory building shall
be used for a dwelling.
2.
A detached accessory building shall
not be erected in a required front yard, except on a double frontage
lot. Accessory buildings located on double frontage lots may be placed
in the yard space at the rear of the building, provided no portion
of the frontage along the same street where the accessory building
is proposed to be located is utilized as the principal entrance for
the main building of any lot in the block.
|
3.
|
Minimum setback from side or rear
yard lot lines:
|
Five (5) feet, except zero (0) feet
in the Central Residential District.
|
|
|
|
|
|
Accessory buildings located on double
frontage lots and placed in the yard space at the rear of the building
shall be set back at least ten (10) feet from the property line.
| ||
|
|
|
|
|
4.
|
Minimum setback from the main building:
|
Ten (10) feet.
|
|
|
|
|
|
5.
|
Minimum setback from other accessory
buildings:
|
Five (5) feet.
|
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|
|
|
|
6.
|
Maximum height in a residential zoning
district:
|
Building shall not exceed the height of the principal building as measured according to Section 400.050.
|
7.
Maximum size shall not
be equal to or greater than the base area of the principal building.
8.
The total square footage
of all accessory buildings shall not exceed the square footage of
the ground floor of the principal building.
9.
Shipping container structures may be used as accessory buildings, provided all other requirements of this Section are met and, provided further, that the conditions enumerated in Section 400.150(D)(1)(q) are met.
10.
The accessory building shall comply
with the maximum lot coverage requirement of the zoning district.
B.
There shall be no limit to the number of
accessory buildings within non-residential zoning districts, provided
the district's minimum design standards are met.
[R.O. 2011 § 400.540; R.O. 2009
§ 156.101; CC 1981 § 30-55; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No.
16-287 § 1, 12-20-2016]
Within the visible area of a corner
lot that is included between the lines of the intersecting streets
and a straight line connecting them at points thirty (30) feet distant
from the intersection of the street right-of-way lines, nothing extending
to a height in excess of eighteen (18) inches above the established
street grade shall be erected, planted or maintained. See Figure 7
below.
|
Figure 7
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Corner Visibility
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(Example only)
|
 |
[R.O. 2011 § 400.550; R.O. 2009
§ 156.102; Ord. No. 94-97, 4-19-1994; Ord. No. 98-209, 5-15-1998; Ord. No. 07-186, 6-22-2007; Ord.
No. 10-244 § 1, 11-18-2010]
A.
This Section contains the regulations for
the erection or alteration of fences in the City.
1.
General Provisions.
[Ord. No. 18-072, 3-20-2018; Ord. No.
18-131, 6-5-2018]
a.
Customary fencing around tennis courts
and other recreational amenities shall be exempt from height restrictions
but shall comply in all other respects with the terms of this Section.
b.
Fences for pools shall meet the requirements
of this Section as well as all other applicable regulations of the
City.
c.
It shall be the responsibility of
the property owners to ensure that a fence does not block or obstruct
the flow of stormwater.
d.
A permit is required for the construction or replacement of fences. The permit fee to be paid is stated in Section 150.030.
[Ord. No. 22-160, 12-6-2022]
e.
Fences constructed in the Historic
Downtown District, South Main Historic Preservation District and all
fences on corner lots in all superimposed historic districts shall
require approval by the Landmarks Board.
[Ord. No.
19-219, 10-15-2019]
2.
Residential Districts.
[Ord. No. 17-220, 10-17-2017]
a.
Fences Located Within A Front Yard.
(1)
A fence or wall not
more than four (4) feet in height, with distances between its pickets
being equal or greater than the width of its pickets may project into
any required front yard.
(2)
A fence greater than
four (4) feet in height or constructed with the distance between its
pickets being less than the width of its pickets are subject to the
following regulations:
(a)
Such fences or walls
located within a front yard on a lot with single frontage are prohibited.
(b)
Such fences or walls located on a double frontage lot as defined in Section 400.050 excluding corner lots may project into the front yard space at the rear of the building, provided no portion of the frontage along the same street where the fence is proposed to be located is utilized as the principal entrance for the main building of any lot in the block. These fences shall not exceed seven (7) feet in height, and the design, color and material of the fence shall be complementary or shall match the color of the principal structure on the property.
(c)
Such fences or walls
located on a corner lot and within a required front yard on the side
of a property used as a principal entrance to the building on the
lot are prohibited.
(d)
Such fences or walls located on a corner lot and within a required front yard on the side of a property not used as a principal entrance to the building on the lot shall not exceed seven (7) feet in height, shall be set back from the property line at least ten (10) feet, and shall comply with Section 400.540 regarding corner visibility.
(3)
Chain-link fencing is prohibited within a required front yard unless such fence is located on a corner lot and within a required front yard on the side of a property not used as the principal entrance to the building. Such a fence will be subject to the regulations provided within Section 400.550(A)(2).
[Ord. No. 18-072, 3-20-2018; Ord. No.
18-131, 6-5-2018]
b.
Fences Located Within A Side Or Rear
Yard. A fence of up to seven (7) feet in height may be located within
the yard space at the side or rear of the property regardless of picket
spacing.
c.
The use of barbed wire, single strand
wire, wire mesh, wire grid or chicken wire fences along the perimeter
or boundary of a property in a residential zoning district is prohibited.
d.
Fences or enclosures charged with,
or designed to be charged with, electrical current are prohibited.
[Ord. No. 18-072, 3-20-2018; Ord. No.
18-131, 6-5-2018]
3.
Commercial And Industrial Districts.
[Ord. No. 18-072, 3-20-2018; Ord. No.
18-131, 6-5-2018]
a.
Fences shall be limited to eight (8) feet in height, except as required for junk yards in Section 400.450(A) and except for electric fences as provided within Section 400.550(A)(3)(c).
b.
Barbed wire shall be permitted only
if the lowest strand is at least seven (7) feet above grade and when
used for security purposes in addition to a regular fence.
c.
Fences or enclosures charged with,
or designed to be charged with, electrical current are permitted,
subject to the following:
(1)
Such fences shall be
permitted within the "I-1" Light Industrial District and "I-2" Heavy
Industrial District only.
(2)
Such fences shall have
a perimeter fence that is not designed to be charged with an electrical
current. The perimeter fence shall be located between the electric
fence and the property line.
(3)
Such fences may not
exceed ten (10) feet in height, and may not extend more than two (2)
feet above the height of the perimeter fence.
(4)
The required perimeter
fence shall be at least six (6) feet tall.
(5)
Such fences may project
toward the perimeter fence no lower than six (6) feet above grade
and may not project beyond the vertical plane established by the perimeter
fence.
(6)
Such fences shall be
setback from the perimeter fence a distance of six (6) inches to one
(1) foot.
(7)
Where such fences are
located on a property that abuts a residentially zoned parcel, the
perimeter fence shall be sight-proof.
(8)
Signage identifying
the presence of an electrified fence shall be posted on the required
perimeter fence at intervals no less than sixty (60) feet.
(9)
Such fences shall be
certified by UL or another nationally recognized testing agency.
4.
Construction And Maintenance.
a.
All fences must be constructed in
a workmanship-like manner so that the horizontal and vertical support
posts are inside of the fence area or hidden from both the neighbor's
and general public's view. Fences must be straight and run parallel
to the lot line.
b.
No more than two (2) different types
of fencing material [wood and chain-link or two (2) types of wood]
are permitted. No fence shall be made of, in whole or in part, cloth,
slatted chain-link, sheet metal, corrugated metal, metal scraps, canvas
or other like material.
[Ord. No. 16-267 § 1, 12-20-2016]
c.
Property owners shall be responsible
for maintaining fences on their property and for removal of any fence
if it becomes unsightly or a menace to public safety, health or welfare.
d.
Fences shall be maintained in an
upright condition.
e.
Missing boards, pickets or posts
shall be replaced within forty-five (45) days with material of the
same type and quality.
f.
Fences designed for painting or similar
surface finishes shall be maintained in their original condition as
designed. All exposed steel, except the galvanized metal fences, shall
have a colored finish coat applied to them and be preserved against
rust and corrosion.
[R.O. 2011 § 400.560; R.O. 2009
§ 156.103; CC 1981 § 30-53; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
Any building requiring yard space shall
be located at such an elevation, as determined by the Department of
Community Development, that a sloping grade shall be maintained to
cause the flow of surface water to run away from the walls of the
building. The rear and side yards shall be sloped to allow for the
flow of surface water away from the building without creating a nuisance.
However, this shall not prevent the grading of a yard space to provide
sunken or terraced areas; provided proper means are constructed and
maintained to prevent the runoff of surface water from creating a
nuisance on the adjacent properties.
B.
When a new building is constructed on a
vacant lot between two (2) existing buildings or adjacent to an existing
building, the new building and the yard around the new building shall
be graded in such a manner as to meet existing grades and not to permit
runoff of surface water to flow onto the adjacent properties.
C.
Final grades shall be approved by the Department
of Community Development and the Department of Public Works.
[R.O. 2011 § 400.570; R.O. 2009
§ 156.104; Ord. No. 98-209, 5-15-1998]
All exterior lighting, including
illuminated signs, shall be erected and hooded or shielded, so as
to direct light away from any adjacent residential zoning district.
[R.O. 2011 § 400.580; R.O. 2009
§ 156.105; CC 1981 § 30-61; Ord. No. 77-31, 7-5-1977; Ord. No. 96-24, 1-18-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord.
No. 14-282 § 1, 12-16-2014]
A.
Church spires, belfries, monuments, tanks,
private water and fire towers, stage towers or scenery lofts, cooling
towers, ornamental towers and spires, non-residential chimneys, elevator
bulkheads, stacks, conveyors, flagpoles and similar structures or
architectural features not intended for human occupancy may be erected
in excess of the district height regulations if sited in such a way
that, should the structure fall, it will not fall upon any property
adjacent to the lot where the structure is located.
B.
Buildings in the "C-2," "C-3," "1-1," "1-2"
and "OBP" Districts may be erected to a maximum height of eight (8)
stories or ninety (90) feet if the building setbacks and/or minimum
distances between buildings are also increased one (1) foot for each
one (1) foot of additional building height above the district regulations,
with approval of the City Council. Buildings in the "CBD" may be erected
to a maximum height of eight (8) stories or ninety (90) feet, with
approval of the City Council.
[R.O. 2011 § 400.590; R.O. 2009
§ 156.106; CC 1981 § 30-54; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
Any building or structure shall not be
moved to and placed upon any other premises in the City until a permit
for such removal shall have been secured from the Department of Community
Development.
B.
Any such building or structure shall fully
conform to all the provisions of these regulations in the same manner
as a new building or structure.
C.
No building or structure shall be moved
into the jurisdiction of the City from outside the jurisdiction of
the City until such permit has been secured.
D.
Before a permit may be issued for moving
a building or structure, the Department of Community Development shall
inspect the building and shall determine if it is in a safe condition
to be moved and whether it may be reconditioned to comply with the
adopted building code(s) and other requirements of the City for its
use and occupancy.
[R.O. 2011 § 400.600; R.O. 2009
§ 156.107; CC 1981 § 30-72; Ord. No. 92-70, 4-21-1992; Ord. No. 92-139, 6-17-1992; Ord. No. 92-170A, 7-22-1992; Ord. No. 98-209, 5-15-1998; Ord.
No. 01-126, 6-20-2001; Ord. No. 02-171, 7-10-2002; Ord. No. 08-244, 11-25-2008; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-098 § 1, 5-20-2011]
A.
Locational Requirements. Recreational vehicles (RVs) as defined in Section 400.050, boats, boats on a trailer, recreational and camping trailers and camper shells may be parked on a residential lot only under the following circumstances:
[Ord. No. 19-093, 4-16-2019]
1.
Enclosed within a garage or accessory
structure.
2.
In a rear yard, defined for the purposes of this Section as the area extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. The entire area beneath the RV, boat, trailer or camper must be a paved surface area as defined in Section 400.050.
3.
In a side yard, defined for the purposes of this Section as a yard extending along the side lot line between the front and rear yards having a width as specified in the yard regulations for the district in which the lot is located. The entire area beneath the RV, boat trailer or camper must be a paved surface area as defined in Section 400.050. An RV, boat, trailer or camper may be placed in a side yard only if:
a.
The area of the rear yard is not
sufficient to allow parking or storage; or
b.
Access to the rear yard is obstructed
by utility facilities or is not wide enough so that there is insufficient
access for parking or storage; or
c.
The grade of the rear yard is in
excess of ten percent (10%) and therefore will not allow the safe
creation of a driveway or parking or storage space; or
d.
Trees of at least four (4) inches
in diameter block access to the rear yard for parking or storage.
4.
An RV may be parked within a front yard of a corner lot which is not used as the principal frontage of the lot. The entire area beneath the RV must be a paved surface area as defined in Section 400.050. An RV may be placed in a non-primary front yard only if:
a.
The property owner possesses an RV
permit issued by Community Development before July 10, 2005.
b.
The RV is parked within a non-primary
front yard and encroaches into the front yard setback for the district
by no greater than fifteen (15) feet;
c.
No portion of any sidewalk shall
be obstructed by the projection of an RV; and
d.
Parking in the side or rear yards
is infeasible due to one of the following:
(1)
The area of the rear
or side yards are not sufficient to allow parking or storage:
(2)
Access to the rear or
side yard is obstructed by utility facilities or access is too narrow
to provide access for parking or storage;
(3)
The grade of the rear
or side yards is in excess of ten percent (10%) and therefore will
not allow the safe creation of a driveway or parking or storage space:
(4)
Trees of at least four
(4) inches in diameter block access to the rear or side yards for
parking or storage; or
(5)
A permitted structure
blocks access to the rear or side yards for parking or storage.
5.
Notwithstanding the above restrictions,
recreational vehicles, trailers designed or utilized as temporary
living quarters for recreation, camping or travel use, trailers designed
or utilized for the transportation of a boat or camper shell may be
parked on a residential lot for no more than forty-eight (48) consecutive
hours for the purpose of loading or unloading if the owner is present.
6.
Recreational vehicles (RV) as defined in Section 400.050, boats, boat trailers, recreational and camping trailers, and camper shells shall not be parked between the front facade of a building and the street, except for a period not to exceed forty-eight (48) consecutive hours for the purposes of loading or unloading if the owner is present.
B.
Locational Requirements. Trailers, including,
but not limited to, the following: cargo/enclosed trailers, race car
trailers, equipment trailers, car haulers, concession/specialty trailers,
motorcycle, ATV and snowmobile trailers, and landscape trailers shall
only be parked or stored on residential lots under the following circumstances:
1.
Enclosed within a garage or accessory
structure; or
2.
In a rear yard only if entire area beneath the cargo/enclosed trailer, race car trailer, equipment trailer, car hauler, concession/specialty trailer, motorcycle, ATV or snowmobile trailer is a paved surface area as defined in Section 400.050; or
3.
In a side yard, defined for the purposes of this Section as a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located. The entire area beneath the trailer must be a paved surface area as defined in Section 400.050. A cargo/enclosed trailer, race car trailer, equipment trailer, car hauler, concession/specialty trailer, motorcycle, ATV or snowmobile trailer may be placed in a side yard only if:
a.
The area of the rear yard is not
sufficient to allow parking or storage; or
b.
Access to the rear yard is obstructed
by utility facilities or is not wide enough so that there is insufficient
access for parking or storage; or
c.
The grade of the rear yard is in
excess of ten percent (10%) and therefore will not allow the safe
creation of a driveway or parking or storage space; or
d.
Trees of at least four (4) inches
in diameter block access to the rear yard for parking or storage.
4.
A cargo/enclosed trailer, race car
trailer, equipment trailer, car hauler, concession/specialty trailer,
motorcycle, ATV or snowmobile trailer shall not be parked or stored
between the front facade of a building and the street.
C.
Design Standards. To be parked in a residential zoning district, recreational vehicles as defined in Section 400.050 of this Code, boats, boats on a trailer, recreational and camping trailers, camper shells, cargo/enclosed trailers, race car trailers, equipment trailers, car haulers, concession/specialty trailers, motorcycle, ATV and snowmobile trailers and landscape trailers must meet the following design standards:
1.
They shall not be used for storage
of materials, goods or equipment, other than those items considered
to be a part of the unit or essential to its immediate use; and
2.
They shall not be wrecked, damaged,
inoperative, disassembled or disabled; and
3.
They shall not be used as dwelling
units while parked in any residential zoning district; and
4.
They shall only be connected to an
electrical power outlet or water connection for maintenance purposes
only in any residential zoning district; and
5.
The maximum length of any recreational
vehicle, recreational or camping trailer, camper shell, boat or boat
on a trailer, cargo/enclosed trailers, race car trailers, equipment
trailers, car haulers, concession/specialty trailers, motorcycle,
ATV and snowmobile trailers and landscape trailers parked on a residential
lot shall not exceed thirty-two (32) feet; and
6.
A maximum of two (2) of the following
shall be allowed for any one (1) residential lot: recreational vehicle,
recreational or camping trailer, camper shell, boat or boat on a trailer,
cargo/enclosed trailers, race car trailers, equipment trailers, car
haulers, concession/specialty trailers, motorcycle, ATV and snowmobile
trailers, and landscape trailers.
7.
The parking surface shall be designed,
constructed and intended to be used expressly for the purpose of parking
or storing recreational vehicles, recreational or camping trailers,
camper shells, boats or boat trailers, cargo/enclosed trailers, race
car trailers, equipment trailers, car haulers, concession/specialty
trailers, motorcycle, ATV and snowmobile trailers, and landscape trailers.
D.
Nothing contained in this Section is intended
to invalidate any subdivision covenant or homeowner association covenant
which is more stringent than the provisions of this Section.
E.
Except as specified in this Section, recreational
vehicles, boats, boats on a trailer, all trailers, including, but
not limited to, the following: cargo/enclosed trailers, race car trailers,
equipment trailers, car haulers, concession/specialty trailers, motorcycle,
ATV and snowmobile trailers, landscape trailers, recreational and
camping trailers, and camper shells shall not be parked or stored
in any portion of a residential zoning district, including residential
lots and residential streets.
F.
In a mobile home park as defined in Section 400.050, recreational vehicles (RVs), boats, boats on a trailer, recreational and camping trailers, camper shells, trailers, cargo/enclosed trailers, race car trailers, equipment trailers, car haulers, concession/specialty trailers, motorcycle, ATV and snowmobile trailers, and landscape trailers (hereinafter, collectively "items") may be parked and stored on a lot only under the following circumstances:
[Ord. No. 15-294 § 1, 12-15-2015]
[R.O. 2011 § 400.610; R.O. 2009
§ 156.108; CC 1981 § 30-64; Ord. No. 77-31, 7-5-1977; Ord. No. 96-113, 4-4-1996; Ord. No. 97-370, 10-22-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 00-78, 4-5-2000]
A.
Electrical, Communication And The Like.
All electric lines, telephone lines, cable television lines and related
lines for the transmission of telecommunication services shall be
installed underground, except in residential zoning districts where
existing electric and communication distribution lines are located
overhead. Overhead electric and telecommunication lines may be installed
in said residential zoning districts for infill housing, building
additions, new accessory buildings and upgrading of electrical services.
Cable switching enclosures, pad-mounted transformers and service pedestals
may be installed above ground.
B.
Accessible Public Water Supply. Where public
water is within one hundred (100) feet, each lot within the subdivision
area shall be required to connect thereto. All connections shall be
subject to the approval of the Board of Public Works.
C.
Non-Accessible Public Water Supply. In
a proposed subdivision (pending accessibility of a public water supply)
the subdivider may be required to construct wells or a private water
supply system in such a manner that an adequate supply of potable
water, approved by the State Board of Health, will be available to
every lot in the subdivision at the time improvements are erected
thereon.
D.
Sanitary Sewer System. Each lot within the subdivided area shall connect to the public sanitary sewer system from a single lateral, in accordance with Chapter 705 of the City Code of Ordinances. All connections to the public sanitary sewer system shall be subject to the approval of the Board of Public Works.
[Ord. No. 13-178 § 1, 9-24-2013]
[R.O. 2011 § 400.615; Ord. No. 19-152, 7-16-2019]
A.
UTILITY FACILITY
Definitions. As used in this Section, the
following terms shall have the meanings indicated:
Any line, facility or system for producing, transmitting
or distributing communications, cable television, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, stormwater
not connected with highway drainage or any other similar commodity
which directly or indirectly serves the public, owned by a privately,
publicly or cooperatively owned utility company, inclusive of any
substantially owned or controlled subsidiary of such utility company.
B.
Any utility company desiring to place utility
facilities on private property must first apply for and obtain a utility
facility(ies) permit, in addition to any other permit, license, easement,
franchise or authorization required by law. The Director of Community
Development may design and make available standard forms for such
applications, requiring such information as allowed by law and as
the Director of Community Development determines in his or her discretion
is necessary and consistent with the provisions of this Article and
to accomplish the purposes of this Article. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director of Community Development:
1.
The name of the utility company on
whose behalf the utility facility(ies) are to be installed and the
name, address and telephone number of a representative whom the City
may notify or contact at any time [i.e., twenty-four (24) hours per
day, seven (7) days per week] concerning the utility facility(ies);
and
2.
A description of the proposed work,
including a site plan and such plans or technical drawings or depictions
showing the nature, dimensions and description of the utility facility(ies),
their location [including an identification of the interest of the
applicant or the utility facility(ies) owner in the property where
the utility facility(ies) are proposed to be located] and their proximity
to other utility facility(ies) that may be affected by their installation.
C.
Each such application shall be accompanied
by an application fee in the sum of one hundred fifty dollars ($150.00)
or such other amount as may be approved by the City to cover the cost
of processing the application.
D.
Application Review And Determination.
1.
On submission of an application for
a new or expanded utility facility(ies) installation, the applicant
shall provide written verification that written notice of the proposed
work and location was provided to the owner of the property on which
the new or expanded utility facility(ies) are proposed and to the
owners of all directly adjoining properties. The Director of Community
Development shall promptly review each application and shall grant
or deny the application within thirty-one (31) days.
2.
Unless the application is denied pursuant to Subsection (D)(5) hereof, the Director of Community Development shall issue a utility facility(ies) permit upon determining that the applicant:
3.
It is the intention of the City that proposed utility facility(ies) will not impair public safety; harm property values or significant sight lines, or degrade the aesthetics of the adjoining properties or neighborhood, and that the placement and appearance of the utility facility(ies) on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section and comply with Section 400.540 Corner Visibility. To accomplish such purposes the Director of Community Development may impose conditions on utility facility(ies) permits, including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.
4.
An applicant receiving a utility
facility(ies) permit shall promptly notify the Director of Community
Development of any material changes in the information submitted in
the application or included in the permit. The Director of Community
Development may issue an addendum to the approved permit, a revised
utility facility(ies) permit or require that the applicant reapply
for a utility facility(ies) permit.
5.
The Director of Community Development
may deny an application, if denial is deemed to be in the public interest,
for the following reasons:
a.
Delinquent fees, costs or expenses
owed by the applicant;
b.
Failure to provide required information;
c.
The applicant being in violation
of the provisions of this Article or other City ordinances;
d.
For reasons of environmental, historic
or cultural sensitivity as defined by applicable Federal, State or
local law;
e.
For the applicant's refusal to comply
with conditions required by the Director of Community Development;
and
f.
For any other reason to protect the
public health, safety and welfare, provided that such denial does
not fall within the exclusive authority of the Missouri Public Service
Commission and is imposed on a competitively neutral and non-discriminatory
basis.
E.
Permit Revocation And Ordinance Violations.
1.
The Director of Community Development
may revoke a utility facility(ies) permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Article.
Prior to revocation the Director of Community Development shall provide
written notice to the responsible person identifying any substantial
breach and allowing a reasonable period of time not longer than thirty
(30) days to cure the problem, which cure period may be immediate
if certain activities must be stopped to protect the public safety.
The cure period shall be extended by the Director of Community Development
on good cause shown. A substantial breach includes, but is not limited
to, the following:
a.
A material violation of the utility
facility(ies) permit or this Article;
b.
An evasion or attempt to evade any
material provision of the permit or this Article or the perpetration
or attempt to perpetrate any fraud or deceit upon the City or its
residents;
c.
A material misrepresentation of fact
in the permit application;
d.
A failure to complete facilities
installation by the date specified in the permit, unless an extension
is obtained or unless the failure to complete the work is due to reasons
beyond the applicant's control; and
e.
A failure to correct, upon reasonable
notice and opportunity to cure as specified by the Director of Community
Development, work that does not conform to applicable national safety
ordinances, industry construction standards or the City's pertinent
and applicable ordinances, including, but not limited to, this Article,
provided that City standards are no more stringent than those of a
national safety ordinance.
2.
Any breach of the terms and conditions of a utility facility(ies) permit shall also be deemed a violation of this Article and in lieu of revocation the Director of Community Development may initiate prosecution of the applicant or the utility facility(ies) owner for such violation. Concurrent with prosecution of the violation, the Director of Community Development may issue a "stop-work order" as defined and provided for in Section 400.050 of this Chapter.
F.
Appeals And Alternative Dispute Resolution.
1.
Any person aggrieved by a final determination
of the Director of Community Development may appeal in writing to
the Director of Administration within five (5) business days thereof.
The appeal shall assert specific grounds for review, and the Director
of Administration shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the Director of Community Development. The Director
of Administration may extend this time period for the purpose of any
investigation or hearing deemed necessary. A decision affirming the
Director of Community Development's determination shall be in writing
and supported by findings establishing the reasonableness of the decision.
Any person aggrieved by the final determination of the Director of
Administration may file a petition for review pursuant to Chapter
536, RSMo., as amended, in the Circuit Court of the County of St.
Charles. Such petition shall be filed within thirty (30) days after
the Director of Administration's final determination.
2.
On agreement of the parties and in
addition to any other remedies, any final decision of the Director
of Administration may be submitted to mediation or binding arbitration.
a.
In the event of mediation, the Director
of Administration and the applicant shall agree to a mediator. The
costs and fees of the mediator shall be borne equally by the parties,
and each party shall pay its own costs, disbursements and attorney
fees.
b.
In the event of arbitration, the
Director of Administration and the applicant shall agree to a single
arbitrator. The costs and fees of the arbitrator shall be borne equally
by the parties. If the parties cannot agree on an arbitrator, the
matter shall be resolved by a three-person arbitration panel consisting
of one (1) arbitrator selected by the Director of Administration,
one (1) arbitrator selected by the applicant or utility facility(ies)
owner and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third arbitrator and of the arbitration. Each party shall also
pay its own costs, disbursements and attorney fees.
[R.O. 2011 § 400.620; R.O. 2009
§ 156.109; CC 1981 § § 30-66, 30-69; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 03-205, 8-25-2003; Ord. No. 07-167, 6-13-2007; Ord.
No. 10-244 § 1, 11-18-2010; Ord. No. 17-115 § 1, 6-20-2017]
A.
Generally.
1.
Every part of a required yard shall
be open to the sky, except as authorized by this Article and except
ordinary projections of sills, belt courses, window air-conditioning
units, chimneys, cornices and ornamental features which may project
to a distance not to exceed twenty-four (24) inches into a required
yard. For purposes of this item, landscaped areas are considered to
be open to the sky.
2.
On double frontage lots the required
front yard shall be provided on each street.
3.
There shall be a front yard on each
street side of a corner lot in any district; provided, that the buildable
width of a lot of record at the time of passage of this Section shall
not be reduced to less than twenty-eight (28) feet.
4.
Open, unenclosed porches, decks or
platforms, including those not covered by a roof or canopy and which
do not extend above the level of the first floor of the building,
may extend or project into any required front yard setback no more
than six (6) feet. Open, unenclosed decks or porches or decks or porches
covered by a roof or canopy and/or enclosed by screening may encroach
into the required rear yard setback no more than ten (10) feet. Deck
enclosures that consist of any material other than screening, such
as glass or solid walls or that consist of less than ninety percent
(90%) screening, are considered room additions and must meet the required
rear yard setback for the zoning district in which they are located.
[Ord. No. 18-231, 10-16-2018]
5.
Where a lot is within one hundred
(100) feet of one (1) or more buildings existing on each side, the
front yard setback line shall be the average setback of these adjoining
buildings.
6.
Interior lots abutting on a pedestrian
walkway shall be required to have a side yard of not less than ten
(10) feet abutting the walkway.
C.
Swimming Pools.
[Ord. No. 18-231, 10-16-2018]
1.
In all residential zoning districts,
the "A" District and for any dwelling unit in the "C-1," "HCD" or
"CBD" Districts, swimming pools shall not be constructed in any required
yard, except the required rear yard and not closer than six (6) feet
to a side or rear property line. Swimming pools located on double
frontage lots may be placed in the yard space at the rear of the building,
provided no portion of the frontage along the same street where the
swimming pool is proposed to be located is utilized as the principal
entrance for the main building of any lot in the block. Swimming pools
located on double frontage lots and placed in the yard space at the
rear of the building must meet one-half (1/2) of the front yard setback.
2.
In no instance shall the deck area
be nearer than five (5) feet to an adjoining lot line. For the purposes
of this requirement, a "swimming pool deck area" shall be defined
as any constructed surface directly abutting the pool which provides
access to the water, lounging space or serves as a walkway around
the perimeter of the pool. Swimming pool deck area shall exclude any
paved surface, including, but not limited to, paving blocks, bricks
or other similar material.
3.
In commercial zoning districts a
swimming pool utilized as part of a sales/display facility or motel
complex or other non-residential use shall be located no closer than
twenty (20) feet to the front property line and no closer than five
(5) feet to a side or rear property line.
D.
Generators.
1.
In all residential zoning districts,
permanent generators shall not be located in front of the principal
structure or within any required side yard or rear yard setback.
2.
A generator permanently installed
in a residential zoning district shall be shielded with a cover designed
and manufactured to muffle the sound.
3.
The testing of generators is prohibited
before 7:00 A.M. or after 10:00 P.M. on any day in any residential
zoning district.
4.
In commercial districts, generators
shall be located and screened in the same manner as required for mechanical
equipment.
E.
Firewood.
[Ord. No. 18-048, 2-20-2018]
1.
Firewood may be stored on residential
property only for consumption on the premises. Firewood may not be
stored on residential property for sale, donation or conveyance to
any person other than the residents of said property.
2.
Firewood stored on residential property
for consumption on the premises must meet the following conditions:
a.
A maximum of four (4) full cords
may be stored in the rear yard behind the rear building line of the
residence. The firewood must be evenly piled or stacked either on
open racks elevated to not less than six (6) inches above the ground
or on a durably paved surface.
b.
A clear space of at least twelve
(12) inches must be maintained between firewood stored in the rear
yard and buildings, fences and property lines.
c.
A maximum of one-half (1/2) cord
may be stored on a decorative firewood rack located on a front porch
or in a side yard.
3.
For purposes of this Section, a cord
of firewood shall be defined as follows: the amount of firewood that,
when arranged so pieces are aligned, parallel, touching and compact,
measures four (4) feet wide by four (4) feet high by eight (8) feet
long and is one hundred twenty-eight (128) cubic feet in volume.
