Editor’s Note: In this Chapter the words "Sheriff’s
deputy" are changed to "police officer" pursuant to the St. Charles
County Charter Article IV, Sections 4.250 and 4.1300, as amended in
2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012,
Section 2, adopted 1-26-2015.
[Ord. No. 04-177 §1, 10-27-2004]
A.
In
addition to the requirements of the Property Maintenance Code of St.
Charles County, Section 500.280 OSCCMo., the following general operating
requirements shall apply to all businesses not within the agricultural
zoning district which store their inventory outdoors when such inventory
consists of reclaimed, junked, salvaged, scrapped or otherwise previously
used inventory, except business offering automobiles or other licensable
vehicles, habitable mobile homes or working farm implements for sale:
1.
The business, together with all things kept therein, shall at all
times be maintained in a sanitary condition.
2.
No water shall be allowed to stand in any place or in or on any article
kept on the premises in such manner as to afford a breeding place
for mosquitoes.
3.
No item stored outside shall be allowed to rest upon or protrude
over any public street, walkway or curb or become scattered or blown
off the business premises.
4.
Inventory shall be stored in piles not exceeding ten (10) feet in
height and shall be arranged so as to permit easy access to all such
inventory for firefighting purposes.
5.
No combustible material of any kind not necessary or beneficial to
the business shall be kept on the premises; nor shall the premises
be allowed to become a fire hazard.
6.
The area on the premises where inventory is kept (other than indoors)
shall be enclosed, except for entrances and exits, with a solid brick
or masonry vertical wall or a vinyl or wood fence of a minimum height
of ten (10) feet, measured from the ground level. Entrances and exits
shall not be wider nor more numerous than reasonably necessary for
the conduct of the business; provided. Exceptions to this Subsection
are as follows:
a.
Existing fences that are solid and screen material subject to Chapter 224 that is stacked no higher than the existing fence will be permitted.
b.
Any use subject to Chapter 224 that has complied with screening requirements of a conditional use permit (CUP) issued pursuant to the Unified Development Ordinance of St. Charles County may be authorized as a non-conforming use pursuant to that ordinance.
7.
The business shall permit inspection of the business premises by
the Director of Building and Code Enforcement or his representative
or any police officer.
[Ord. No. 16-054 §11, 7-25-2016]
8.
No inventory shall be allowed to become a nuisance; nor shall any
business storing outdoor inventory be operated in such a manner as
to become injurious or detrimental to the health, safety or welfare
of the community or of any residents close by.
9.
Notwithstanding anything set out above, businesses selling automobiles
or other vehicles for scrap are included in this Chapter.
[Ord. No. 04-177 §1, 10-27-2004]
A.
The
Board of Zoning Adjustment shall have the authority to approve an
alternative to the use of a fence as required by this nuisance ordinance
where the applicant to the Board can make a showing that an alternative
visual screening and physical containment system can be adopted which
will fulfill the purpose of the fencing, including visual screening
of the area to avoid blight. However, in any event the material screening
the area from view shall be at least as high as the material it screens
from view.
B.
The
Board of Adjustment shall also have the authority to approve a reduction
in the height of the fence as required by this nuisance ordinance.
In cases where the applicant can make a showing that fencing is not
necessary to screen the material from view and seeks a reduction in
fence height, the Board of Zoning Adjustment may allow reduction of
the fence height or berming plus fencing of less than ten (10) feet
in height, but in no event shall the fencing be less than six (6)
feet in height, nor shall such fencing be at less than the height
of the material it fences and screens from view.
C.
Appeals
from the decision of the Board shall be in the manner provided for
all other decisions of the Board of Zoning Adjustment.
[Ord. No. 04-177 §1, 10-27-2004]
The owner or general agent of any such land, building, structure
or premises where a violation of these provisions has been committed
or shall exist, or the lessee or tenant of any entire building or
entire premises where such violation has been committed or shall exist,
or the owner, general agent, lessee or tenant of any part of the building
or premises in which the violation has been committed or shall exist,
or the owner, general agent or any other person who knowingly commits,
takes part or assists in such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed five
hundred dollars ($500.00) per day or six (6) months' imprisonment,
or both. Each and every day that such violation continues shall constitute
a separate offense.
[Ord. No. 04-177 §1, 10-27-2004]
All existing businesses subject to Section 224.010 that are non-conforming to the screening requirements therein at Section 224.010(6) shall comply with those screening requirements within sixty (60) days from the effective date of this Chapter or such uses shall be discontinued except as provided in Section 224.010(6)(b).
