City of Fenton, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
All construction in the City shall comply with the requirements of Sections 319.200 through 319.207, RSMo., and any amendments thereto, relating to earthquakes and seismic construction requirements.
[R.O. 2006 §430.050; Ord. No. 1919 §1, 11-20-1995]
Any building permit, under which no construction work has been commenced within six (6) months after the issuance of said permit or under which the proposed construction has not been completed within one (1) year within the date of issuance, shall expire by limitation. Extensions may be requested in writing and will be reviewed and approved by the Director of Community Development. This extension will be granted for only six (6) months. Thereafter approval for additional time shall be reviewed and approved by the Board of Aldermen upon the recommendation of the Community Development Department.
[R.O. 2006 §430.060; Ord. No. 1919 §1, 11-20-1995]
Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon or used, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this Code. A record of applications and plats shall be kept in the office of the Community Development Department.
[Ord. No. 3521 §3, 6-25-2015]
A. 
Tower Structures. Unless otherwise provided by law or variance, the following additional requirements shall apply to the construction, alteration or maintenance of towers:
1. 
For purposes of this Section, the term "tower" shall mean a permanent structure, having a total height in excess of fifty (50) feet measured from the ground and having one (1) or more legs designed for the support of one (1) or more sign, antenna, light, wind turbine, solar array or other object but excluding buildings serving other purposes and meeting the building requirements for all purposes. A tower shall not include existing electric utility poles installed by a provider holding a certificate of convenience from the Missouri PSC and installed consistent with industry practice and in conformance with all otherwise applicable Federal, State, and local requirements.
2. 
Safety fall zone required. All new towers and extensions or attachments thereto shall be separated by a safety fall zone from any public rights-of-way, sidewalk or street, alley, parking area, playground, or building (except for parking and buildings dedicated solely for access to or maintenance of the tower), and from any property line, a distance equal to the height of the tower. Towers shall be reasonably designed to reduce the potential damage to persons or property from falling ice or equipment from the tower or from wind damage or structural failure.
3. 
In addition to other applicable requirements, the tower and any appurtenances shall be safely maintained and fenced or otherwise secured to prevent unauthorized access or climbing of the tower. Barbed, electrified or razor wire is prohibited. Tower legs shall be of monopole design without use of lattice or guy wire support and be engineered and designed with sufficient depth, counter-weight and other mechanisms to address wind-loading and other failure risks under all reasonably anticipated conditions and circumstances.
4. 
All requirements in Sections 491.040, 491.100, 491.160, 491.180, 491.210, and 491.260 of the Municipal Code of the City of Fenton, Missouri, shall apply to the construction, modification, and maintenance of each tower and are reincorporated herein as building code requirements to the extent permitted by law.
5. 
Any tower not operated for a period of six (6) months or more, shall be deemed abandoned and the Community Development Director shall cause notice of such determination to be sent and request for removal within a reasonable time not to exceed ninety (90) days. If a tower is abandoned, it shall be removed at the owner's expense. Failure to comply with this provision shall constitute a public nuisance and building code violation that may be remedied by the City at the tower or property owner's expense. Any applicant for a new tower shall place a bond or other security with the City prior to any final approval to ensure abandoned towers can be removed. The bond or security shall be in the form and amount approved by the Community Development Director. The amount of the bond shall be determined by the Community Development Director to satisfy the requirements hereof with regard to the specific tower to which it would apply based on the estimated total cost of removal of that tower.
B. 
Appeals. The procedures of Chapter 160, Administrative Procedure for Review of Certain Actions, shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the Board of Aldermen that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation.
[Ord. No. 3848, 8-23-2018; Ord. No. 4094, 2-25-2021]
A. 
Temporary Storage Containers.
1. 
Definition. For the purposes of this Subsection, the term "storage container" shall mean a fully enclosed and securable single unit used for the temporary storage of equipment, goods, materials, fixtures, etc., which is similar in function and design to a containerized shipping unit, typically constructed of metal, without running gear or other permanently attached equipment allowing movement from place to place.
2. 
Purpose. This Subsection is intended to permit businesses and residents within the City to, temporarily, expand their storage needs on-site.
3. 
General Regulations.
a. 
Permit Required. No person shall set, drop, construct, erect, or otherwise place or cause to be placed any storage container within the City without first having secured a permit from the Community Development Department. The permit application must be submitted on a form provided by the City with the permit fee and property owner consent.
b. 
Occupancy/Storage Use.
(1) 
Applicants shall be required to disclose the general nature and condition of all materials to be stored within any storage container.
(2) 
No hazardous, flammable, explosive, corrosive, or biologically infectious or contagious materials shall be stored within any storage container.
(3) 
No live animals or plants shall be stored within any storage container.
(4) 
No trash, garbage, or refuse shall be stored within or allowed to accumulate around any storage container.
(5) 
No storage container shall be used to house any business activity other than storage.
(6) 
No individual may work from, live in, or otherwise occupy a storage container.
(7) 
Nothing may be stacked or stored on top of any storage container, including another storage container.
c. 
Container Condition. All storage containers shall meet the following minimum requirements:
(1) 
Shall be maintained in a safe, neat, and orderly manner, shall be structurally sound, free of corrosion, rust, rot, holes, leaks, or other deterioration, and shall be kept free of graffiti. No temporary signage shall be permitted on the storage container.
(2) 
Shall be securable and kept secure at all times.
d. 
Placement. All storage containers shall be placed and maintained at the approved location in accordance with the following criteria:
(1) 
Unless otherwise provided herein, must be located on the same premises of the business or residence in which it is related.
(2) 
Must be properly held in place or otherwise secured to prevent shifting, rolling, or other movement.
(3) 
Must be placed on a reasonably flat surface, upon paving materials sufficient to bear the weight of the storage container and anticipated contents.
(4) 
Shall not be located in a manner that encroaches, interferes, and/or obstructs vehicular access from designated fire lanes or drive aisles, and/or impedes the flow of pedestrian traffic on sidewalks or crosswalks, or be located where the required number of required parking spaces for the principal use of the premises is diminished.
e. 
Removal. All storage containers shall be removed upon the expiration or termination of the permit issued pursuant to this Subsection or upon the receipt of a notice to remove. A notice to remove may be issued by the Director for failure to meet or adhere to the minimum provisions of this Subsection.
4. 
Regulations For Storage Containers Associated With A Non-Residential Use.
a. 
Permit Fee. For storage containers associated with a non-residential use, the fee for a storage container permit shall be fifty dollars ($50.00) per storage container and shall be assessed on containers originally permitted and for any storage containers subsequently added to the original permit, regardless of the time the added storage containers will be in place. The renewal fee shall be the same.
b. 
Permit Duration. Storage container permits shall be valid for a maximum period of ninety (90) days from the date of issuance. A renewal, for one (1) additional period of up to ninety (90) days, may be obtained via application and payment of an additional fee. Only one (1) permit and one (1) renewal shall be issued per business within a one-year period, which shall commence on the effective date of the issuance of the storage container permit. Additional containers, up to the maximum allowed per business, may be added to an existing permit. The time for the additional containers shall expire on the expiration date of the permit issued for the original container(s). Such additional containers may be renewed in accordance with the renewal provisions. Exception: Permitted storage containers that are associated with a valid building permit may be located on the premises while the approved construction is underway. Once the associated building permit has been closed, the storage container must be immediately removed from the premises.
c. 
Containers Per Business. One (1) storage container per ten thousand (10,000) square feet of gross floor area of the business requesting the permit will be permitted. Fractions of one-half (0.50) or more will be rounded to the next higher unit.
d. 
Location Limits. Storage containers must comply with the following locational criteria:
(1) 
Shall only be located on the premises in which they are related.
(2) 
Shall not be located in a manner that encroaches, interferes, and/or obstructs vehicular access from designated fire lanes or drive aisles, and/or impedes the flow of pedestrian traffic on sidewalks or crosswalks, and shall not be located in the public rights-of-way.
(3) 
Shall be located behind the front elevation line of the principal building and confined to the side or rear yard of the property.
(4) 
Shall be located within five (5) feet of any side or rear lot line.
(5) 
Shall not be located closer than ten (10) feet to any building.
e. 
Size Limits. No storage containers shall exceed forty-five (45) feet in length by ten (10) feet in width by twelve (12) feet in height.
5. 
Regulations For Storage Containers Associated With A Residential Use.
a. 
Permit Fee. For storage containers associated with a residential use, the fee for a storage container permit shall be fifteen dollars ($15.00). The renewal fee shall be the same.
b. 
Permit Duration. Storage container permits shall be valid for a maximum period of thirty (30) days from the date of issuance. A renewal, for one (1) additional thirty-day period, may be obtained via application and payment of an additional fee. Only one (1) permit and one (1) renewal shall be issued per residence within a one-year period. This period shall commence on the effective date of the issuance of the storage container permit. Exception: Storage containers that are associated with a valid building permit are permitted to be located on the premises while the approved construction is underway. Once the associated building permit has been closed, the storage container must be immediately removed from the premises.
c. 
Containers Per Residence. Not more than one (1) storage container shall be allowed per residence on the premises. In extraordinary circumstances, upon written application to the Board, additional storage containers may be approved by the Board if, based on the facts submitted by the applicant, the Board determines that additional containers are appropriate for the proposed use, lot size, location, and other relevant factors.
d. 
Location Limits. Storage containers may only be located on the residential premises in which they are related and shall not be placed in the public rights-of-way, unless sufficient information has been provided to the Public Works Director, in writing, that the storage container cannot be reasonably placed on the premises and that the storage container can be placed in the public rights-of-way in a safe manner that will not interfere with or obstruct vehicular or pedestrian traffic. If the location of the storage container in the right-of-way is approved by the Public Works Director, a License for Incidental Use in compliance with Section 510.030(D)(3) of the Municipal Code must be obtained.
e. 
Size Limits. No storage containers shall exceed sixteen (16) feet in length by eight (8) feet in width by eight (8) feet in height.
B. 
Temporary Office Facilities.
1. 
Definition. For the purposes of this Subsection, the term "temporary office facilities" shall mean a prefabricated or modular structure used for temporary on-site office space during an ongoing, permitted construction project on the same premises.
2. 
Purpose. This Subsection is intended to permit businesses within Non-Residential Districts to temporarily locate or relocate their employees to meet their office needs on-site during construction projects.
3. 
General Regulations.
a. 
Permit Required. No person shall set, drop, construct, erect, or otherwise place or cause to be placed any temporary office facility within the City without first having secured an occupancy permit from the Community Development Department. The permit application must be submitted on a form provided by the City with the permit fee and property owner consent.
b. 
Occupancy.
(1) 
The temporary office facility must be located on the same premises as the ongoing, permitted construction and shall only be allowed to remain on the premises during construction activities under an open and valid building permit, but no longer than one (1) year. Any request for a continuance or for longer than one (1) year will require a Special Use Permit in compliance with Chapter 420 of the Zoning Code.[1]
[1]
Editor's Note: See Ch. 420, Zoning Districts - General Information.
(2) 
Any business located in a temporary office facility must have an existing occupancy permit for the premises and/or must be associated with an open, valid building permit and have applied for an occupancy permit as a permitted use on the premises. Any business that requires a Special Use Permit for occupancy on the premises must be approved for the same under Chapter 420 of the Zoning Code before being issued a permit for placement of a temporary office facility.
(3) 
No temporary office facility shall be used to house any business activity other than office use.
c. 
Temporary Office Facility Condition. All temporary office facilities shall meet the following minimum requirements:
(1) 
Shall be maintained in a safe, neat, and orderly manner, shall be structurally sound, free of corrosion, rust, rot, holes, leaks, or other deterioration, and shall be kept free of graffiti. No temporary signage shall be permitted on the temporary office facility.
(2) 
No trash, garbage, or refuse shall be allowed to accumulate around any temporary office facility.
d. 
Placement. All temporary office facilities shall be placed and maintained at the approved location in accordance with the following criteria:
(1) 
Must be properly held in place or otherwise secured to prevent shifting, rolling, or other movement and must be placed on a reasonably flat surface upon paving materials sufficient to bear the weight of the temporary office facility.
(2) 
Shall not be located in a manner that encroaches, interferes, and/or obstructs vehicular access from designated fire lanes or drive aisles, and/or impedes the flow of pedestrian traffic on sidewalks or crosswalks on the premises.
e. 
Removal. All temporary office facilities shall be removed upon the expiration or termination of the associated building permit or upon the receipt of a notice to remove. A notice to remove may be issued by the Director for failure to meet or adhere to the minimum provisions of this Subsection.
f. 
Temporary Office Facilities Per Business. One (1) temporary office facility per ten thousand (10,000) square feet of gross floor area of the business requesting the permit will be permitted. Fractions of one-half (0.50) or more will be rounded to the next higher unit. No more than three (3) total temporary office facilities will be permitted on one (1) premises.
g. 
Location Limits. Temporary office facilities must comply with the following locational criteria:
(1) 
Shall only be located on the premises in which they are related and are prohibited in the public rights-of-way.
(2) 
Shall be located behind the front elevation line of the principal building and confined to the side or rear yard of the property, unless sufficient information has been provided to the Community Development Director, in writing, that demonstrates that the temporary office facility cannot be reasonably placed behind the front elevation line of the principal building and confined to the side or rear yard and is proposed to be placed in a location that is the reasonably least intrusive to neighboring properties, but in no instance shall be located less than five (5) feet of the front, side, or rear lot line.
(3) 
If on a multitenant premises, shall not be located in a manner that interferes with the existing use and operation of the other tenants on the premises, including within any parking or loading space required under Chapter 496 of the Zoning Code.[2]
[2]
Editor's Note: See Ch. 496, Off-Street Parking and Loading Requirements.
h. 
Size Limits. No temporary office facility shall exceed sixty (60) feet in length by twelve (12) feet in width.