[R.O. 2009 §31-49; Ord. No. 2928 §31-49, 12-22-1999]
A.
Off-street
loading and unloading spaces shall be provided on the same lot as
the use to which they are accessory in accordance with the following
schedule:
|
Uses
|
Gross Floor Area
(square feet)
|
Loading and Unloading
(spaces required)
| |
|---|---|---|---|
|
Retail stores, wholesale establishments, storage uses and other
business uses
|
3,000 to 15,000
|
1
| |
|
Retail stores, wholesale establishments, storage uses and other
business uses
|
15,001 to 40,000
|
2
| |
|
Retail stores, wholesale establishments, storage uses and other
business uses
|
Each 25,000 additional
|
1 additional
| |
|
Industrial uses
|
15,000 or less
|
1
| |
|
Industrial uses
|
15,001 to 40,000
|
2
| |
|
Industrial uses
|
40,001 to 100,000
|
3
| |
|
Industrial uses
|
Each 40,000 additional
|
1 additional
|
B.
Such
loading and unloading spaces shall not be required for business uses
which demonstrably do not receive or transmit goods or wares by truck
delivery.
C.
Loading
spaces shall be on the same lot with the building they are intended
to serve and may occupy all or any part of any required yard, provided
that no such space shall be closer than fifty (50) feet from any other
lot located in any "E" or "R" district unless wholly within a completely
enclosed building or enclosed on all sides by a well maintained wall
or uniformly painted solid fence not less than six (6) feet in height.
D.
Each
loading and unloading space provided for the purpose of meeting the
requirements of this Chapter shall have a minimum width of twelve
(12) feet, a minimum length of thirty-five (35) feet and a minimum
height clearance of fourteen (14) feet.
[R.O. 2009 §31-50; Ord. No. 2928 §31-50, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A.
In
any district in connection with every principal or conditional use
there shall be provided off-street parking spaces in accordance with
the following schedule:
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Billiard room, pool hall
|
1 for each 200 square feet of floor area
| |
|
Boarding or lodging house
|
1 for each 2 occupants
| |
|
Bowling lanes
|
5 for each lane
| |
|
Church or temple, auditorium, arena, stadium, dance or assembly,
hall, theater
|
1 for each 5 seats
| |
|
Dwelling:
| ||
|
Single-family
Two-family
Multiple
Home occupation
|
1
2
2 for each unit
1 additional
| |
|
Educational institution, private school, business or trade school
|
2 for each 3 faculty and staff members plus
2 for each 5 students at the high school or college level
| |
|
Funeral home or mortuary
|
4 for each parlor or 1 for each 25 square feet of parlor floor
area, whichever is greater
| |
|
Hotel, motel or motor hotel, tourist home
|
1 for each living or sleeping unit plus
1 for each 2 employees
| |
|
Hospital, nursing home, home for the aged
|
1 for each 4 beds plus
1 for each resident physician plus
1 for each 2 employees
| |
|
Library or similar cultural facility
|
1 for each 500 square feet of floor area
| |
|
Medical office building
|
1 for each 200 square feet of floor space
| |
|
Mobile home park
|
2 for each mobile home unit space plus
1 for each 2 employees
| |
|
Passenger transportation terminal
|
1 for each 3 seats in the waiting room plus
1 for each 2 employees
| |
|
Private club or lodge
|
1 for each 125 square feet of floor area
| |
|
Private non-commercial recreation facility
|
As determined by the Board
| |
|
Professional office (except medical offices)
|
1 for each 200 square feet of floor area
| |
|
Public recreation facility
|
As determined by the Board
| |
|
Radio or television broadcasting studio
|
1 for each 2 employees plus
1 for each 5 seats in the main studio or auditorium
| |
|
Restaurant or tavern, nightclub and cocktail lounge over 500
square feet in floor area
|
1 for each 125 square feet of floor area
| |
|
Retail business, service establishment and business office under
2,000 square feet in floor area
|
1 for each 200 square feet of sales floor area
| |
|
Retail business, service establishment and business office 2,000
square feet or over in floor area
|
1 for each 200 square feet of sales floor area
| |
|
Wholesale business, warehouse freight terminal, junk yard manufacturing
facility, public utility or industrial use (except a business office)
|
1 for each 2 employees on the maximum shift or
1 for each 3,000 square feet of floor area, whichever is greater
| |
B.
The
off-street parking requirements for any business use not specifically
stated above or elsewhere in this Chapter shall be determined by the
Board. The determination shall be based upon the expected number of
parking spaces the particular type of business use would require to
satisfy estimated peak parking load requirements.
C.
Off-street
parking spaces accessory to a dwelling shall be provided on the same
lot as the dwelling. In all residential districts, commercial vehicles
in excess of one and one-half (1½) tons capacity shall be parked
within an enclosed building. Such spaces accessory to any other use
shall be provided on the same lot as the use they are accessory to
or upon approval by the Board within three hundred (300) feet thereof.
In the "B-1", "B-2", "B-4" and "I-1" districts, off-street parking
spaces may be located in the required front yard on lots where business
or industry is located.
D.
Groups
of uses requiring parking space may join in establishing a private
parking area with a capacity aggregating that required for each participating
use. A church or temple requiring parking area at times when nearby
uses do not need their parking facilities may, by agreement approved
by the Board, utilize such facilities in lieu of providing their own
parking facilities.
E.
For
purposes of these provisions, the following units of measurement shall
apply:
1.
In the case of offices, merchandising or service types of uses, "floor area" shall mean the gross floor area used or intended
to be used by tenants or for service to the public as customers, patrons,
clients or patients, including areas occupied by fixtures and equipment
used for the display or sale of merchandise. It shall not include
areas used principally for non-public purposes such as storage, incidental
repair and processing or packaging of merchandise, for show windows,
for offices incidental to the management of stores or buildings, for
employee lounges and for utility services;
2.
In hospitals, bassinets shall not be counted as beds;
3.
In places of public assembly in which patrons or spectators occupy
benches, pews or other such seating facilities, each twenty (20) inches
of such seating facilities shall be counted as one (1) seat.
F.
Whenever
on any lot or in any building there is a change in use or an increase
in floor area or in the number of employees or other unit of measurement
hereinbefore specified for the determination of required off-street
parking spaces, additional off-street parking facilities shall be
provided on the basis of the increased requirements of the new use
or other unit of measurement; provided however, that in case such
change creates a need for increase in off-street parking spaces of
less than ten percent (10%) of the parking spaces previously required,
no additional parking facilities shall be required.
[R.O. 2009 §31-51; Ord. No. 2928 §31-51, 12-22-1999]
A.
Every
area used as a public or private parking area shall be developed and
maintained in accordance with the following requirements:
1.
Off-street parking areas for more than five (5) vehicles shall be
effectively screened on each side which adjoins or faces an institutional
use or a lot in any "E" or "R" district by a masonry wall or solid
fence not less than five (5) nor more than seven (7) feet in height
and maintained in good condition.
2.
Except for single-family residential uses, no parking shall be permitted
nearer than five (5) feet from the front or side lot lines nor shall
any parking area for more than five (5) vehicles be closer than five
(5) feet from the rear property line or any street right-of-way, residential
dwelling, educational institution, school, hospital, nursing home
or other institution for human care which is located on an adjoining
lot. No parking area for twenty-five (25) or more automobiles or for
trucks or buses shall have an entrance or exit for vehicles within
two hundred (200) feet along the same side of the street of any educational
institution, school, public playground, church, hospital, public library
or institution for children or for dependents, except where such use
is in another block or on another street which the lot in question
does not abut.
3.
Any off-street parking area shall be paved with a hard surface meeting
the standard specifications of the City. Any lighting used to illuminate
any off-street parking area shall be so arranged as to reflect the
light away from adjoining lots. No sign of any kind shall be established
and maintained on any off-street parking area except signs used for
the direction of traffic.
4.
All off-street parking lots shall have individual parking spaces
that measure a minimum of nineteen (19) feet long by nine (9) feet
wide. Driving aisles in parking lots shall be a minimum of twenty-two
(22) feet wide.
5.
No motor vehicle repair work or other services shall be conducted
on any off-street parking area for more than five (5) vehicles, nor
shall any sales or dead storage be permitted on such area.
[R.O. 2009 §31-52; Ord. No. 2928 §31-52, 12-22-1999; Ord. No. 3852 §I(31-52), 12-22-2008]
A.
The
conversion of any building into a dwelling or the conversion of any
dwelling so as to accommodate an increased number of dwelling units
shall be permitted only within a district in which a new building
for similar occupancy would be permitted under the provisions of this
Chapter and only when the resulting occupancy will comply with the
requirements governing new construction in such district with respect
to minimum lot size, lot area per family, dimensions of yards and
other open spaces and off-street parking. No existing structure may
be converted for use by more than four (4) families.
B.
The district requirements with respect to yards and other open spaces shall not apply in cases where the conversion is part of a proposed residential planned unit development project meeting the requirements specified in Section 405.530. Such yard and other open space requirements shall also not apply in cases where the conversion will not involve any major exterior structural changes and
1.
There is a shortage in the required dimensional area of each of not
more than two (2) such requirements as to yards and other open spaces,
or
2.
In case the conversion will result in a lot area per dwelling unit
at least twenty percent (20%) greater than required for new buildings
in the district.
C.
Any
conversion which would result in one (1) or more dwelling units containing
less than five hundred (500) square feet of gross floor area shall
be permitted only upon authorization by the Board.
D.
Exceptions. Existing lots of record located within the downtown
business district, described as those lots fronting Main Street from
Brierton Lane to Mill Street, may be excluded from the provisions
of this Section when the following conditions are met:
1.
Smoke detectors interconnected (electric/battery back-up)
on all levels. Buildings must have proper smoke detector
coverage on each floor.
2.
Two (2) means of egress out of apartment.
3.
All bedrooms to have a rescue window or door to exterior.
4.
Occupancy inspections should occur a minimum of every two (2) years
or with each occupancy change, whichever occurs first.
5.
Applicable fire, building and life safety codes must be met.
6.
In no instance shall the converted residential use occupy any portion
of the first (1st) floor of the building within thirty (30) feet of
the curb line of Main Street. This shall not affect occupancy above
the main floor.
7.
Residential use shall not be, in aggregate, in excess of fifty percent
(50%) of the main floor area of the building or lot whichever is greater.
[R.O. 2009 §31-53; Ord. No. 2928 §31-53, 12-22-1999; Ord. No. 3086 §I(31-53), 7-25-2001; Ord. No. 3131 §II(31-53), 12-12-2001; Ord. No. 3397 §I(31-53), 3-10-2004; Ord. No. 3764 §I(31-53), 12-12-2007]
A.
Purpose.
1.
The purpose of a planned unit development ("PUD") is to provide a
flexible and alternate zoning procedure for all districts and thereby
make provisions for the variation of lot sizes in said districts by
permitting the opportunity for the creation of smaller lots, more
than one (1) building on a lot or mixed uses with related adjustments
on a parcel of land five (5) acres or more.
2.
The intent of the planned unit development is to allow flexibility
of development by authorizing deviations to the standard district
regulations subject to the approval and/or the conditions set forth
by the Planning and Zoning Commission and the City Council.
3.
The PUD is an overlay of an existing district using the restrictions
of the underlying district as a guide, but allowing for other issues
to be brought before the Commission and Council that might require
special conditions not readily allowed in a particular residential,
business or industrial zone.
4.
A planned unit development is a request showing the need for variations
and changes to be considered by the Commission and Council. Any variations
and changes must be to promote the health, welfare, and safety of
the residents. An inability to demonstrate a positive benefit to the
City will result in a rejection of application.
B.
Application And Public Hearing Requirements. The developer
of a subdivision in all districts may be considered for approval for
a planned unit development only after an application has been submitted
to the City Planning Department and a public hearing on the proposed
development held by the Planning and Zoning Commission. The developer
shall pay a fee of one hundred fifty dollars ($150.00) to defray the
cost of the public hearing. The public hearing shall be held in conjunction
with a regular Planning and Zoning Commission meeting, but does not
eliminate or supersede any City Council public hearings on the "PUD",
shall be advertised in an approved newspaper of record for at least
fifteen (15) days and posted with a four (4) foot by eight (8) foot
sign on the property fifteen (15) days prior to the hearing. At the
same public hearing a preliminary drawing of the proposed development
shall be presented to the Planning and Zoning Commission. If a majority
of the Planning and Zoning Commission members decide that the proposed
development is consistent with the City's Comprehensive Plan, does
not create undue traffic congestion in the immediate area of the development
and can be operated in a manner that is not detrimental to the permitted
uses in the surrounding area and is deemed desirable to promote the
general health, welfare and safety of the City of Festus, the applicant
may receive permission to proceed to the preliminary plan stage or
to the City Council.
C.
Sketch Plan. The sketch plan, which is submitted to the Planning and Zoning Commission prior to the public hearing, shall include, but not be limited to, an outboundary survey of the property, a statement from a registered professional setting forth the total area, the available gross area, the maximum number of lots allowable and the total number of lots in the proposed development. Also included in the sketch plan shall be traffic circulation patterns; landscaping and infrastructure data on water and sewer lines, storm sewers; and detention if required by the City. When the issue is negotiable, the developer shall place his/her preference within the sketch plan, although final decisions on negotiable matters are made by the Planning and Zoning Commission and, ultimately, the City Council. The sketch plan drawing shall take Subsections (F — G) of this Section into consideration.
D.
Preliminary Plan. The preliminary plan shall include, but
not limited to, a legibly written narrative outlining the variance
requests and explanations on their need; ten (10) assembled set of
24" x 36" plans including a boundary survey of the property; a statement
from a registered professional setting forth the total area, the available
gross area, the maximum number of lots allowable and the total number
of lots in the proposed development, a vicinity map, and delineation
of any land areas subject to a 100-year flood. Included in the preliminary
plan shall be traffic circulation patterns; landscaping and infrastructure
data on water and sewer lines, storm sewers, and detention calculations.
When the issue is negotiable, the developer shall place his/her preference
within the sketch plan, although final decisions on negotiable matters
are made by the Planning and Zoning Commission and, ultimately, by
the City Council.
E.
Final Plan. Final plan submission shall be the same as in a subdivision as required in Section 410.150 of the Code of Ordinances. Minor changes may be allowed and the plan sent to the Council with the changes noted. Minor changes are those that affect parts of the PUD between zero percent (0%) and five percent (5%), and is up to the discretion of the Commission. Substantial changes may be approved only when a new preliminary plan is submitted and approved.
F.
Lots.
1.
Number of lots. There shall be no density changes
from the requirements of the underlying zoning district. A developer
may request a zoning change through the accepted administrative and
legislative procedures.
2.
Lot size. Lot size is negotiable between the City
and the developer.
6.
Street width.
|
|
All streets within the "PUD": Minimum of 30 feet or 28 feet
with 3 foot sidewalks on both sides of the street.
|
G.
Green Space. At least ten percent (10%) of total acreage
of the project shall be designated, designed, constructed and maintained
as "green area".
H.
Approval.
1.
Approval of a planned unit development, with a final plan drawing,
may be given at the Planning and Zoning Commission level only after
agreements have been reached between the Planning and Zoning Commission
and the developer on all issues presented in this Section. Additionally,
the following issues shall be taken into consideration by the Planning
and Zoning Commission when considering approval of a "PUD":
2.
The Planning and Zoning recommendation is forwarded to the City Council
for final action by ordinance on the project.
3.
The submission of a PUD for a use variance will apply only for that
particular use. Changes in ownership or tenants will require a new
application.
4.
Final approval of a planned unit development is valid for one (1)
year from the date of approval by the City Council. At the discretion
of the Building Official, prior to the original expiration date, the
Council may give one (1) year extensions and attach new conditions
to the final development as they may deem appropriate. If, upon expiration,
fifty percent (50%) of the infrastructure is in place on any given
phase, said phase shall have an extension granted for an additional
one (1) year. Extensions for remaining phases, however, are subject
to City Council approval.
[R.O. 2009 §31-55; Ord. No. 2928 §31-55, 12-22-1999; Ord. No. 3131 §II(31-55), 12-12-2001; Ord. No. 3923 §I, 5-12-2010; Ord.
No. 4064 §I, 8-22-2012]
A.
Outdoor
advertising signs, billboards, off-premises signs and structures where
permitted shall be set back from the established right-of-way line
of any street at least as far as the required front yard depth for
a principal building in the districts where located and no more than
one hundred (100) feet from said right-of-way line. No advertising
sign or structure shall be permitted which faces the front or side
lot line of any lot in any "E" or "R" district within one hundred
(100) feet of such lot line or which faces any public parkway, public
square or entrance to any park, educational institution, school, library,
church or similar institutions within three hundred (300) feet thereof.
Such signs shall not exceed one hundred (100) feet in height or two
hundred fifty (250) square feet in size.
B.
Exterior
business signs shall not exceed in the aggregate three (3) square
feet of area for each linear foot of lot frontage. Exterior business
signs where permitted shall be integral with or attached to the principal
building and shall not project more than two (2) feet from the front
thereof unless attached to a marquee or sidewalk canopy nor more than
three (3) feet above the parapet wall or roof lines, except as provided
herein. In the case of a principal or conditional use involving no
building or structure such signs where permitted shall be set back
from the right-of-way line of any street at least one-half (½)
as far as the required front yard depth for a principal building in
the district where located, shall not be located closer than twenty-five
(25) feet of the side of an adjacent lot in any "E" or "R" district,
nor project above a horizontal plane twenty (20) feet above the established
grade at the front lot line except as provided herein.
C.
For
any motor vehicle service stations, motor vehicle sales establishment,
motel, restaurant or integrated office/shopping center, in all districts
where these are permitted, an exterior business sign displaying only
the identifying name or symbol of such use or shopping center as a
whole may be supported on a freestanding structure located in front
of such use or center; provided that such sign shall not project over
the front lot line and shall not be located within twenty-five (25)
feet of the side lot line of an adjoining lot in any "E" or "R" district.
Such freestanding signs shall be erected not less than seven (7) nor
more than one hundred (100) feet in height and shall not exceed one
hundred fifty (150) square feet per side in area. Such businesses
that have frontage along a Federal or State highway may have a sign
not exceeding two hundred fifty (250) square feet in area per side.
Signs of greater height and area may be permitted but only if expressly
authorized by the Board of Adjustment. All other uses in districts
allowing business signs are permitted to erect one (1) freestanding
sign per lot, displaying only the business name(s) or symbol(s), not
more than thirty-five (35) feet high that shall not exceed one hundred
fifty (150) square feet in total sign area.
D.
Real
estate signs advertising the sale, rental or lease of the lot which
they are maintained shall be set back from the right-of-way line of
any street as such that there is no obstruction of vision of motorist
traveling along said street or at a minimum of seven (7) feet from
the edge of the street curb, however, that such sign not exceeding
six (6) square feet in area and attached flat against the building
to which it pertains shall be permitted in any case. Real estate signs
on any one (1) lot shall not exceed in the aggregate fifteen (15)
square feet in area.
E.
A church,
educational institution, school, community center, public library
or other public or institutional building may have for its own use
a bulletin board not over thirty-two (32) square feet in area which
if not attached flat against the building shall be at least ten (10)
feet distant from all street right-of-way lines.
F.
Any
business in a "B" or "I" Zone shall be permitted one (1) grand opening
banner on premise, fifty (50) square feet in size for a total of three
(3) weeks from time of permit issuance. Banner will be permitted at
the minimum permit fee.
G.
Any
sign illumination shall be so arranged as to confine the illumination
to the sign, avoid glare or other disturbance on adjacent property
and shield the source of illumination. No flashing device shall be
permitted in any "E" or "R" district nor at any location in any "N",
"B" or "I" district where a flashing light would interfere with or
distract from a traffic control sign or signal.
H.
Sandwich Boards. Notwithstanding anything to the contrary contained in Chapter 405 Article III of this Code, off-premises (premises in Subsections (H) and (I) hereof shall mean the lot of land with a business and/or building on it), freestanding, two-sided, advertising sign sandwich boards (each a "sandwich board") which conform to the following are allowed in the "B-3" Downtown Business District:
1.
Materials shall be durable;
2.
Dimensions shall not exceed a height of fifty-four (54) inches, width
of forty-two (42) inches and per side signage area of twelve (12)
square feet;
3.
Only one (1) sandwich board is permitted on each premises;
4.
Sandwich board placement shall not be further than ten (10) feet
from the front line of the premises;
5.
At no time shall a sandwich board block any public walkway, street
or driveway or impair pedestrian traffic, driver's vision, accessibility
ramps, or access to public utilities; and
6.
Sandwich boards shall not be electrified, illuminated or contain
flashing devices.
I.
City Advertising Signs/Poles. Notwithstanding anything to the contrary contained in Chapter 405 Article III of this Code, the City may in its sole discretion and judgment erect freestanding advertising signs/poles within the off-premises locations of the "B-3" Downtown Business District for the advertising of businesses which are restricted to on-premises advertising signage pursuant to Chapter 405 of this Code upon recommendation of the location and dimensions of the signs/poles by the Planning and Zoning Commission and approval by the City Council. Eligible premises owners may use the freestanding advertising signs/poles in accordance with annual license agreements approved by the City Council.
J.
Digital Signs. In addition to the requirements set forth in Section 405.540(G), the following sign regulations are established for digital signs in the City:
[Ord. No. 4148 §I, 3-12-2014]
1.
Purpose and intent. More businesses desire to utilize
advancements in technology which permit signs to change copy (e.g.,
utilizing an LED type of sign). These newer technologies pose additional
risks of impacting adjacent areas and adversely dominating the environment
in which they operate unless regulated in a reasonable fashion. The
intent of this Section is to establish operating standards and regulations
for signs which utilize these newer technologies, in order to minimize
the secondary effects that often accompany the unregulated display
of digital signs, preserve the character and repose of adjacent areas
(with a principal focus on residential neighborhoods), protect property
values, and reduce traffic hazards caused by undue distractions.
2.
DIGITAL BILLBOARD
DIGITAL SIGN
SIGN
Definitions. For purposes of this Section 405.540(J), the following words and phrases shall have the meanings respectively ascribed to them by the following:
Shall mean a billboard, defined as an off-premises sign which advertises or depicts a product, service, place, activity, person, institution, business or solicitation, that is not conducted, sold, produced, contained or furnished upon the lot where the sign is located, which incorporates the technology identified in this Section 405.540(J), as a digital sign.
Shall mean a sign that has or appears to contain movement
or that appears to change, caused by a method other than physically
removing and replacing the sign or its components, whether the real
or apparent movement or change is in the display, the sign structure
itself, or any other part of the sign. A digital sign often incorporates
a technology allowing the sign face to change the image without the
necessity of physically or mechanically replacing the sign face or
its components. A digital sign may include a rotating, revolving,
moving, flashing, blinking or animated display that incorporates rotating
panels, LED lights manipulated through digital input, digital ink,
electronic message centers, or other similar methods of technologies
that permit a sign face to present different images or displays.
Shall mean any letter, word, symbol, drawing, picture, design,
lighting, electronic images, object, identification, description,
illustration or device, illuminated or non-illuminated, which is visible
from any public place or is located on private property and exposed
to the public and which directs attention to a product, service, place,
activity, person, institution, business or solicitation, including
any permanently installed or situated merchandise or any emblem, painting,
banner, pennant or placard designed to advertise, identify or convey
information, with the exception of window displays, being more than
ten (10) feet from the front facade of the building.
3.
Display requirements. The following requirements
apply to digital signs, other than digital billboards:
a.
The digital sign may not allow the display or message to change more
frequently than once every ten (10) seconds; and
b.
The message change must be instantaneous; and
c.
During the static display period, a message may not appear to move
or change in intensity, excluding changes to date, time, or temperature;
and
d.
Each digital sign must automatically adjust the intensity of the
display according to ambient light conditions; and
e.
The brightness of a digital sign shall not exceed 0.2 footcandles
above ambient light measured one hundred fifty (150) feet from the
sign. Brightness at night shall be measured as follows:
(1)
At least thirty (30) minutes after sunset, a footcandle meter
shall be used to obtain ambient light measurement, with the sign shut
off;
(2)
The digital sign shall then be turned on to full white copy
and another reading will be taken; and
(3)
The difference between the two measurements shall be 0.2 footcandles
or less.
A.
Signs Prohibited In Right-Of-Way. No sign shall be allowed in the
City's right-of-way except for the following:
B.
Obstruction Prohibitions. At no time shall any sign permitted under Section 405.545(A):
C.
Other Signs In The City's Right-Of-Way Forfeited. Any sign installed
or placed on public property, except in conformance with the requirements
of this Section, shall be forfeited to the City and subject to confiscation.
Prior to seeking remedies, the City will make reasonable efforts attempt
to contact the owner or person who placed such sign in the City's
right-of-way. In addition to other remedies hereunder, the City shall
have the right to recover from the owner or person placing such a
sign the full costs of removal and disposal of such sign.
[1]
Editor’s Note: Former Section 405.550, Off-Premises
Signs in Right-of-Way, as adopted and amended by R.O. 2009 §18-5;
Ord. No. 3849 §I, 12-10-2008, was repealed 3-12-2014 by Ord.
No. 4147 §I.
[R.O. 2009 §31-56; Ord. No. 2928 §31-56, 12-22-1999]
A.
No
land or structure, in any district, shall be used or occupied in such
manner so as to create any dangerous, injurious or noxious hazard
or condition. Hazard or condition shall include, but not be limited
to, noise, vibration, smoke, dust, odor or other form of air pollution
or some other use which adversely affects the adjoining lots or surrounding
area.
B.
Whenever it is alleged by a person aggrieved or in the opinion of the Building Official that a use of land or structure creates or is likely to create or otherwise produce dangerous, injurious or noxious elements, the Planning and Zoning Commission shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to the City Council. If the Planning and Zoning Commission concurs in the allegation or opinion that there exist or are likely to be created such dangerous, injurious or noxious hazard or condition, it shall request the City Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous, injurious or noxious hazard or condition and of the practicable means for assuring compliance with the provisions of Section 405.560.
C.
Upon receipt of the findings and recommendations of such specialist or laboratory, the Planning and Zoning Commission may approve, partially approve or disapprove the measures recommended therein and instruct the Building Official to proceed with the enforcement of such measures in accordance with the provisions of Section 405.830.
D.
The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein; provided however, that the owner of the property under investigation shall reimburse the City for all such expenses in the case of a proposed new use or in the event that the existing operation or use of such property is found to be in violation of the provisions of Section 405.560 by the Planning and Zoning Commission or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty (30) days from the date of the final Planning and Zoning Commission ruling or court judgment.
[R.O. 2009 §31-57; Ord. No. 2928 §31-57, 12-22-1999]
A.
Every
use shall be so operated that no odor, smoke, toxic gases and/or dirt,
dust, fly ash or other particulate matter shall be emitted that violate
the emission regulations in the "Air Quality Standards and Air Pollution
Control Regulations" of the St. Louis metropolitan area.
B.
Any
operation producing intense glare or heat shall be performed in an
enclosure in such a manner as to be imperceptible along any lot line
without instruments.
C.
Any
use creating intense earth-shaking vibration such as are created by
heavy drop forge shall be set back from any "R" or "I" district boundary
at least two hundred fifty (250) feet and at least one hundred fifty
(150) feet from any "B" district boundary. Additional setback may
be required so that the maximum ground vibration generated is not
perceptible without instruments at any point on the lot line of the
lot on which the use is located.
D.
Every
use shall be so operated that the pressure level of sound or noise
level generated, measured in decibels, shall not exceed, at any point
on the lot line, the maximum decibel levels for the designated duration
as set forth in the following table for the appropriate use:
|
Tn-Total Duration Of Time Noise Permitted To Be Emitted
From Noise Source During Period Of Measurement
(Minutes)
|
A-Weighted Sound Pressure Level
dB(A)
| |
|---|---|---|
|
60
|
80 or less
| |
|
30
|
81 — 83
| |
|
15
|
84 — 86
| |
|
8
|
87 — 89
| |
|
4
|
90 — 92
| |
|
2
|
93 — 95
| |
|
0
|
96 or greater
|
E.
To
the extent provided in this Section, the provisions of this Article,
as used herein, shall not apply to:
1.
The operation of construction devices, with sound control devices
equivalent to or better than the original equipment, used in construction
activities during daytime hours.
2.
The repair, maintenance or construction of public facilities of the
State, County or municipal government or such public or quasi-public
municipal corporations as may be established under the Constitution
or laws of the State of Missouri.
3.
Emergency work to repair or replace private utility facilities.
4.
Emergency work to repair equipment or facilities damaged or rendered
inoperable as a direct result of unavoidable upset conditions providing
such occurrence is reported to the Director of Planning and Public
Works within twenty-four (24) hours after the occurrence.
5.
The operation of motor vehicles on a vehicular way with sound control
devices equivalent to or better than the original equipment.
6.
The operation of railway equipment and vehicles operated exclusively
on rails.
7.
The necessary operation of emergency signal devices.
8.
Electric power distribution transformers within a distance of fifty
(50) feet from the base of the support pole or from the fence line.
F.
Every
use shall be so operated that there is no dangerous amount of radioactive
emissions in accordance with the standards of the Federal Radiation
Council.
G.
The
storage, utilization or manufacture of solid materials or products
ranging from incombustible to moderate burning is permitted. The storage,
utilization or manufacture of solid materials or products ranging
from free or active burning to intense burning is permitted, provided
the following conditions are met:
1.
Such materials shall be stored, utilized or manufactured in such
a manner and protected by such means as approved by the State Fire
Marshal;
2.
The storage, utilization or manufacture of flammable liquids or gases
which produce flammable or explosive vapors shall be permitted in
accordance with the following table (exclusive of storage of finished
products in original sealed containers). Distances shown are to nearest
adjoining lot lines which may be built upon.
|
Flammable* Liquid Storage
| ||
|---|---|---|
|
Capacity of Tank
(Gallons)
|
Class of Flammable Liquid***
|
Distance
(Feet)
|
|
0 to 275
|
III
|
0
|
|
276 to 750
|
III
|
5
|
|
0 to 750
|
I and II
|
10
|
|
751 to 12,000
|
III
|
10
|
|
751 to 12,000
|
I and II
|
15
|
|
12,001 to 24,000
|
I, II, III
|
15
|
|
24,001 to 30,000
|
I, II, III
|
20
|
|
30,001 to 50,000
|
I, II, III
|
25
|
|
* A flammable liquid is defined as those liquids as defined
by the most current issue of Booklet 30 of the National Fire Protection
Association entitled Flammable and Combustible Liquid Code.
** When flammable gases are stored, utilized or manufactured
and measured in cubic feet, the quantity in cubic feet (at S.T.P.)
permitted shall not exceed three hundred (300) times the quantities
listed.
*** N.F.P.A. No. 321 Classes of Flammable Liquids.
| ||
|
Class I Flash Point below one hundred degrees Fahrenheit (100°F).
Class II Flash Point above one hundred degrees (100°) but
below one hundred forty degrees Fahrenheit (140°F).
Class III Flash Point above one hundred forty degrees Fahrenheit
(140°F).
| ||
|
|
Tanks in excess of fifty thousand (50,000) gallons and those
for storage of crude petroleum shall be at a distance of three (3)
times the greatest dimension of the diameter or height of tank, except
that distance shall not be less than twenty (20) feet and not exceed
three hundred fifty (350) feet from any "R" or "B" district boundary.
|
A.
Purpose. The conditional use permit procedure is intended
to provide the Planning and Zoning Commission and the City Council
with discretionary review of requests to establish or construct uses
or structures which may be necessary or desirable in a zoning district,
but which may have the potential for negative or deleterious impact
on the health, safety and welfare of the public. The purpose of the
review is to determine whether the proposed location of the use or
structure is appropriate and whether it will be designed, located
and operated so as to avoid, minimize or mitigate adverse impacts
upon the community and other properties in the vicinity. The City
Council may impose conditions upon such uses and structures that are
intended to avoid, minimize or mitigate adverse impacts upon the community
and other properties in the vicinity. The City Council may deny requests
for a conditional use permit when it is evident that a proposed use
or structure will or may cause harm to the community or injury to
the value, lawful use and reasonable enjoyment of other properties
in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission
may recommend and the City Council may authorize the establishment
of those conditional uses that are expressly permitted as a conditional
use in a particular zoning district. No conditional use shall be authorized
unless such conditional use to be granted complies with all of the
applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for
conditional use permit containing the following information shall
be filed with the City.
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address or common description and legal description of the
property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Subsection (G).
7.
Statement identifying any potentially adverse effects and how the
proposed conditional use will be designed, arranged and operated in
order to ensure that the conditional use will not cause harm to the
community and that the value, use and reasonable enjoyment of property
in the vicinity will not be adversely affected.
8.
Any additional information as may be required in accordance with
the requirements of the zoning district in which the conditional use
is proposed to be located.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 405.840.
2.
Following the public hearing, the Commission shall transmit to the City Council its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the City Council within thirty (30) days of the Commission's decision.
E.
City Council Action On Conditional Use Permit.
1.
The City Council shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 405.840.
2.
The City Council may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a super-majority vote of the full City Council. In authorizing said conditional use permit, the City Council may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within six (6) months from the date of approval by the City Council or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The City Council may grant one (1) additional extension of time not exceeding six (6) months without notice or hearing. Requests for time extension shall be made by filing an application with the City before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Subsections (C) through (E).
G.
Conditional Use Standards. A conditional use permit shall
be granted only if evidence is presented at the public hearings that
the conditional use will comply, to the extent applicable, with the
following standards:
1.
The conditional use will be consistent with the policies and intent
of the Festus Comprehensive Plan and the Festus zoning regulations.
2.
The conditional use will not increase flood or water damage hazard
to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound
levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed
and provided to prevent traffic hazards and to minimize traffic congestion
at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional
use is or will be adequate for traffic reasonably expected to be generated
by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use
will not adversely affect the character of the neighborhood and if
such lights will be visible from a residential district, measures
to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect
upon the use or enjoyment of adjacent and nearby property or conditions
affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so
as not to interfere with the development and use of adjacent property
in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring
a conditional use permit, the structure shall meet all fire, health,
building, plumbing and electrical requirements of the City of Festus.
10.
The conditional use otherwise complies with all applicable regulations
of this Chapter.
