City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents

Section 405.610 Non-Conformities.

[R.O. 2008 §26-70; Ord. No. 1903 §1, 11-24-1997]
A. 
Purpose And Intent. Within the City of Creve Coeur, certain existing lots, structures and uses of land which were lawful prior to the adoption or amendment of this Chapter are prohibited under the terms of this Chapter. This Article is intended to declare non-conformities to be incompatible with the permitted uses in each district; to permit non-conformities to continue until they are removed; and to prohibit non-conformities from being extended, expanded, enlarged or increased in intensity.
B. 
Non-Conforming Structures.
1. 
Authority to continue. Any non-conforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful, subject to the restrictions in Subsection (B)(24).
2. 
Repair, alterations. Any such structure described in Subsection (B)(1) above may be maintained, repaired or remodeled; provided however, that no such maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.
3. 
Damage, decay, destruction. In the event that any non-conforming structure or any structure devoted in whole or in part to a non-conforming use is damaged by fire, explosion, act of God or public enemy, such structure may be restored or replaced and such non-conforming use resumed, provided that such restoration or replacement does not exceed the same dimensions and volume as existed before such destruction or damage. The restoration or replacement of the non-conforming structure shall be commenced within twelve (12) months of the date of destruction or damage and shall be completed within eighteen (18) months of the commencement of restoration or replacement, unless extended by the City Council.
4. 
Moving. No structure described in Subsection (B)(1) above shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.
C. 
Non-Conforming Uses.
1. 
Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the provisions contained in Subsection (C)(29).
2. 
Ordinary repair and maintenance.
a. 
The normal maintenance and repair or the replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to the non-conforming use. Neither this nor any other provision of this Chapter shall be interpreted to authorize any increase in the size or degree of the non-conforming use or any violation of the provisions of any other Subsections of this Section.
b. 
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of Section 405.610(B)).
3. 
Major rehabilitation or structural alterations. A structure or structures devoted in whole or in part to a non-conforming use shall not be extensively renovated, remodeled, rehabilitated nor shall the structural system of the building be altered, unless the entire structure and use of the structure shall thereafter conform to all provisions of this Chapter and of the zoning district in which the use is located.
4. 
Extension. A non-conforming use shall not be extended, expanded or enlarged or increased in intensity.
5. 
Damage, decay, destruction. In the event that any non-conforming structure or any structure devoted in whole or in part to a non-conforming use is damaged by fire, explosion, act of God or public enemy, such structure may be restored or replaced, provided that such restoration or replacement does not exceed the same dimensions and volume as existed before such destruction or damage. The restoration or replacement of the non-conforming structure shall be commenced within twelve (12) months of the date of destruction or damage and shall be completed within eighteen (18) months of the commencement of restoration or replacement, unless extended by the City Council.
6. 
Moving. No structure that is devoted in whole or in part to a non-conforming use shall be moved in the whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and use thereof shall thereafter conform to all provisions of the zoning district in which it is located after being so moved.
7. 
Change in use. A non-conforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a non-conforming use has been changed to any permitted use, it shall not thereafter be changed back to a non-conforming use.
8. 
Abandonment or discontinuance. In the event that the non-conforming use of any building or premises is discontinued for a period of one (1) year, regardless of any reservations of an intent not to abandon or resume such use, any subsequent use or occupancy of such structures shall comply with provisions of this Chapter including those of the zoning district in which the structure is located.
9. 
Non-conforming accessory uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
D. 
Non-Conformities Within Setback Lines. In addition to the provisions of Section 405.240 regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines from the rights-of-way of public or approved private streets and highways.
1. 
Projection of existing structures into required setbacks. No structure shall be constructed, reconstructed or structurally altered in such a manner as to project into the area prescribed as a setback from a public or approved private street or as established by this Chapter.
2. 
Continuation. The lawful use of any building, all or part of which may otherwise be in violation of this Chapter, may be continued, provided that no structural alterations shall thereafter be made on the portion of the non-conforming building located within the prescribed setback lines. New buildings to replace destroyed or removed non-conforming buildings shall conform to the provisions of this Article.
3. 
Removal of signs and other materials. Any advertising sign, billboard or structure other than a building or any stored material within the prescribed setback from the right-of-way of a public or approved private street or highway shall be removed within two (2) years from the date of the first (1st) official notice from the City of Creve Coeur.
E. 
Site-Related Non-Conformities.
1. 
Authority to continue. Site-related non-conformities on any lot which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful subject to the restrictions in Subsection (E)(25).
2. 
Ordinary repair and maintenance. Any structure located on a lot containing site-related non-conformities may be maintained, repaired or remodeled.
3. 
Damage, deterioration, destruction. In the event that any structure located on a lot containing site-related non-conformities is damaged by fire, explosion, act of God or public enemy, such structure may be restored or replaced, provided that such restoration or replacement does not exceed the same dimensions and volume as existed before such destruction or damage. The restoration or replacement of the non-conforming structure shall be commenced within twelve (12) months of the date of destruction or damage and shall be completed within eighteen (18) months of the commencement of restoration or replacement, unless extended by the City Council.
4. 
Cessation of site-related non-conformities. Except as further required by Section 405.790(D), any non-residential lot with site-related non-conformities which is proposed for a change of use or which is proposed to be expanded or enlarged by more than five thousand (5,000) square feet of impervious surface or ten percent (10%) of its lot coverage, whichever is less, shall thereafter comply with all requirements of this Code including, but not limited to, off-street parking and loading, landscaping, stormwater and erosion control, floor area ratio and other applicable provisions.
5. 
Cumulative effect of multiple site development plan improvements. Where multiple site development plan requests for a single project have been submitted and/or approved over any period of time after the effective date of this Chapter where potential impacts exceed criteria in Subsection (E)(4) above or together may create a substantial impact, the City shall require any new site development plan application to include the elimination of all site-related non-conformities.

Section 405.620 Height Exceptions and Limitations.

[R.O. 2008 §26-71; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5381 §4, 7-14-2014]
A. 
The height limitations stipulated in the applicable districts shall not apply to the following, provided that such structures are approved by the Planning and Zoning Commission in accordance with the provisions for site development plan approval in Section 405.1080:
1. 
Air-conditioning units and similar mechanical equipment (provided that such equipment is installed within a screen wall);
2. 
Chimneys;
3. 
Church steeples;
4. 
Elevator towers;
5. 
Flagpoles;
6. 
Parapet walls;
7. 
Stacks;
8. 
Stage towers or scenery lofts;
9. 
Tanks;
10. 
Electric transmission towers;
11. 
Water towers; and
12. 
Antennas for ham radio operators.
B. 
No structure shall be erected to a height that would encroach into or through any established public or private airport approach plan prepared in accordance with the criteria established by the Federal Aviation Administration.

Section 405.630 Yard Regulations.

[R.O. 2008 §26-72; Ord. No. 1903 §1, 11-24-1997]
A. 
Yard Encroachments. Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this Chapter.
1. 
Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs at least seven (7) feet above grade may extend up to five (5) feet into any required yard, provided that no such overhang shall extend to within four (4) feet of any property line.
2. 
Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard.
3. 
Air-conditioners and similar mechanical equipment. Air-conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility's pad-mounted equipment) may project into any required yard provided that the equipment is mounted in a manner contiguous to the building.
4. 
Fire escapes, outside stairways, balconies, chimneys, etc. Open or enclosed fire escapes, outside stairways, balconies and chimneys and flues may project up to five (5) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.
5. 
Decks. A deck, whether elevated or at ground level, may project up to five (5) feet into a required rear yard.
6. 
Swimming pools and related structures. Swimming pools may be located in a required rear yard provided they are no closer than fifteen (15) feet to any rear property line or five (5) feet to any easement, whichever distance is greater. Patios constructed in conjunction with any swimming pool may be located within a required rear yard provided that they are not located within an easement or closer than ten (10) feet to any property line.
7. 
Trellises, play equipment, lights, outdoor furniture, etc. Trellises and trellis work, play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates and outdoor equipment are allowed within required yards.
8. 
Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed five (5) feet provided such porch or terrace is not more than twelve (12) feet in width.
9. 
Fences and walls. Fences and walls are allowed within required yards, subject to the provisions of Section 405.640.
10. 
Parking areas and driveways. Off-street parking areas may encroach into the required front yard setbacks providing that the encroachment does not extend into a required landscape buffer along the street frontage. Parking areas and driveways may encroach into required side yards of multi-family residential and non-residential districts.
11. 
Sidewalks. Sidewalks may be located within any required yard.
12. 
Satellite dish antennas. Satellite dish antennas may encroach into required yards based on the provisions of Section 405.460(B)(16) and (17).
13. 
Miscellaneous structures and devices. Underground utility equipment, flagpoles, regulation mailboxes, traffic signals, fire hydrants, light poles and other similar structures or devices may be located in any required yard.
B. 
Side Yard Of Corner Lot. Any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street. In any event, the minimum side yard setback of a corner lot shall be no less than fifteen (15) feet.
C. 
Side Or Rear Buffer Yards. Where the side or rear yard in any residential district ("A", "B", "C", "D", "AR" and "MR") abuts a side or rear yard in any non-residential district, there shall be provided along such abutting line or lines a side or rear yard at least equal in depth to that required in the residential district, other provisions of this Chapter notwithstanding. In no case, however, shall the abutting side yard be less than twenty (20) feet and the abutting rear yard be less than twenty (20) feet.
D. 
Parking Within Front Or Side Yards. Parking within the front or side yard shall be subject to the requirements of Section 405.240.

Section 405.640 Fences.

[R.O. 2008 §26-73; Ord. No. 1903 §1, 11-24-1997; Ord. No. 3024 §1, 11-22-2004; Ord. No. 5163 §2, 12-13-2010]
A. 
Height Of Fences. No fence shall exceed six (6) feet in height unless specifically approved by the Planning and Zoning Commission in consideration of a unique screening problem.
B. 
Fences At Street Intersections. No fence shall be located within the sight triangle (as defined in Article II) of a street intersection.
C. 
Fences Within The Front Yard Section And Along Street Right-Of-Way. No fence shall be located within the front yard setback or along street right-of-way, within the area equivalent to the front yard setback of the applicable zoning district, unless specifically approved by site development plan approval in accordance with Section 405.1080, or approved by the Zoning Administrator in accordance with Section 405.460.
D. 
Fences Surrounding Swimming Pools.
1. 
Every private swimming pool hereafter constructed and maintained anywhere in the City of Creve Coeur shall be provided with an enclosure surrounding the pool area that is constructed in compliance with the Creve Coeur Building Code.
2. 
All gates or doors providing access to such pool shall be self-closing and self-latching with the latches designed to meet the requirements of the Creve Coeur Building Code.
E. 
Tennis Court Backstop Fence. Tennis courts may have an open chain link fence up to ten (10) feet in height, provided such backstop fence is setback at least twenty (20) feet from any property line abutting a single-family residence.

Section 405.650 Temporary Buildings.

[R.O. 2008 §26-74; Ord. No. 1903 §1, 11-24-1997]
Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work as determined by the Director of Community Development and in no case to exceed sixty (60) days after the last occupancy permit is issued. Also, in the event that building construction ceases for a period of two (2) years, as determined by the Director of Community Development, such temporary buildings shall be removed.

Section 405.660 Parking or Storage of Vehicles.

[R.O. 2008 §26-75; Ord. No. 1903 §1, 11-24-1997]
A. 
No inoperable and/or unlicensed vehicle shall be parked and no motor vehicle frame, vehicle body or vehicle body part shall be stored on residentially zoned property except when parked or stored in a completely enclosed garage or building.
B. 
A maximum of three (3) automobiles may be parked in an unenclosed area on a single-family-zoned lot. However, one (1) additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot and this Section does not preclude the parking of automobiles by persons visiting a single-family home. Vehicles may only be parked or stored on an improved surface.

Section 405.670 Required Corner Visibility.

[R.O. 2008 §26-76; Ord. No. 1903 §1, 11-24-1997]
At all street intersections no obstruction to vision shall be placed in the sight triangle as defined in Article II.

Section 405.680 Lighting.

[R.O. 2008 §26-77; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2239 §1(Exh. A), 11-10-2003]
A. 
Definitions. For the purposes of lighting regulations, terms used shall be defined as follows:
CUTOFF ANGLE
The angle at which a permanently attached shield directs light downward and obstructs light discharge in a manner that lessens glare emitted from the fixture. The cutoff angle is measured from the vertical plane which is perpendicular to the ground and is restricted to a maximum of seventy-three degrees (73°) as demonstrated in the following exhibit:
Cutoff Angle Defined
405_0004.tif
FULLY SHIELDED
A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire, is projected no greater than seventy-three degrees (73°) beyond the vertical plane perpendicular to the ground (see cutoff angle).
GLARE
Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
B. 
General Standards. The following standards shall apply to all exterior lighting fixtures within the City of Creve Coeur, Missouri:
1. 
The Planning and Zoning Commission shall review proposed lighting for non-residential building construction or for the replacement or addition of light standards on an existing non-residential development in accordance with Section 405.1080. The submittal shall consist of a lighting plan for review by the Planning and Zoning Commission and shall include the type, number, brightness, type of cutoff/shielding and hours of usage of all fixtures. A detailed sketch, elevation or cutsheet shall be submitted for each type of light standard. The sketch for pole-mounted light standards shall consist of the pole base, the pole, the mounting arm or other attachment device and the fixture.
Standards For Lighting Fixtures
405_0005.tif
2. 
In residential zoning districts ("A", "B", "C", "D" and "AR") lighting fixtures, except traffic signals and lighting for major outdoor recreation facilities, shall not exceed sixteen (16) feet in height (measured from the bottom of the base to the top of fixture) unless specifically permitted by the site development plan approval in accordance with Section 405.1080.
3. 
In non-residential zoning districts lighting fixtures, except for traffic signals and lighting for major outdoor recreation facilities, shall not exceed twenty-four (24) feet in height (measured from the bottom of the base to the top of fixture) unless specifically permitted by site development plan approval in accordance with Section 405.1080.
4. 
Lighting shall not be cast upon an adjacent property or right-of-way nor shall glare be emitted from an illuminant source.
5. 
The Planning and Zoning Commission may require lighting to be dimmed or connected to a motion detector between the hours of 10:00 P.M. and 6:00 A.M., but not less than an average of one (1) foot-candle of illumination as required by Section 405.810(4).
6. 
Parking lot light standards and lighting for loading areas shall consist of full cutoff, downcast fixtures with the illuminant source fully shielded from view.
7. 
Lighting intended to illuminate building elevations, landscaping or signage shall shine directly onto the intended surface.
8. 
Sidewalk and pedestrian avenues may be lit by low, bollard-type lighting or as approved by the Planning and Zoning Commission. If reflectors or refractors are used, these devices shall direct light downward and shall meet the cutoff angle criteria. Under no circumstance shall light be directed outward.
9. 
Lighting with exceptional architectural elements or detail, that do not meet all requirements within this Section, may be approved by the Planning and Zoning Commission.
10. 
No luminaire shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color, nor shall any beacon lights be permitted.
11. 
Illuminated signs shall meet the requirements of Section 405.930(F).
12. 
A bulb-type with a color rendering rating greater than seventy-five (75) shall be used. Highly rated elements include, but are not limited to, metal halide and incandescent bulbs. High/low pressure sodium and mercury vapor bulbs are prohibited.
C. 
Additional Provisions For Non-Residential Districts. To reduce the impact of non-residential districts on residential districts and to reduce instances of light trespass, either the cutoff angle or light standard height shall be decreased for lighting in non-residential districts that are closer than fifty (50) feet to the boundary line of an adjoining or abutting residential district ("A", "B", "C", "D" and "AR"). In such cases, the following shall apply:
1. 
The cutoff angle of lighting fixtures in non-residential districts shall decrease as the distance to the property line decreases as demonstrated in the following table:
Distance
L.S. Height
Cutoff Angle
20
24
39.81
25
24
46.17
30
24
51.34
35
24
55.56
40
24
59.04
45
24
61.93
50
24
64.36
When the light standard height is constant, the cutoff angle may be calculated as follows:
Θ = Tan-I (Distance/Pole Height)
Where Θ = Cutoff Angle
405_0006.tif
Distance
L.S. Height
Cutoff Angle
20
6.12
73
25
7.64
73
30
9.17
73
35
10.70
73
40
12.23
73
45
13.76
73
50
15.29
73
The applicant may also modify light standard heights to adjust for cutoff, with the seventy-three degree (73°) cutoff angle constant. The pole height in a non-residential district may be altered as follows:
When the cutoff angle is constant, the pole height may be calculated as follows:
Pole Height = Distance/TanΘ
Where Θ = Cutoff Angle
405_0007.tif
2. 
If a year-round, opaque screen is present or proposed along the boundary between the non-residential district and the residential district and the screen prohibits light travel onto the an adjoining or abutting property, the Planning and Zoning Commission may waive the above restrictions established in Section 405.680(C)(1) of this Chapter and approve light standards with cutoff angles and heights regulated in "General Standards" Section 405.680(B) of this Chapter.
D. 
Major Outdoor Recreation Facilities. Lighting systems and standards for major outdoor recreation facilities as determined by the Planning and Zoning Commission, such as athletic fields or stadiums, shall require approval of conditional use permit in accordance with Section 405.1070.

Section 405.690 Utility Facilities.

[R.O. 2008 §26-78; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2076 §1, 8-28-2000; Ord. No. 5020 §1, 1-28-2008]
A. 
Definitions. The following terms shall have the following meanings for purposes of this Section 405.690 unless otherwise defined by context.
DIRECTOR
The City's Public Works Director or such other person designated to administer and enforce this Section 405.690.
FACILITIES
A network or system or any part thereof used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
FACILITIES PERMIT
A permit granted by the City for placement of facilities on private property.
PERSON
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.
SERVICE
Providing or delivering an economic good or an article of commerce including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or stormwater sewerage or any similar or related service to one (1) or more persons located within or outside of the City using facilities located within the City.
B. 
Facilities Permits.
1. 
Any person desiring to place facilities on private property other than roof-mounted communications equipment or communications towers (See Section 405.470.) must first apply for and obtain a facilities permit in addition to any other building permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his/her or her discretion to be necessary and consistent with the provisions of this Section 405.690 and to accomplish the purposes of this Section 405.690. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
[Ord. No. 5381 §5, 7-14-2014]
a. 
The name of the person on whose behalf the facilities 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 facilities;
b. 
A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions, location and description of the facilities and their proximity to other facilities that may be affected by their installation.
2. 
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application. The fee shall be in the same amount as established for private service connections under Appendix A to Chapter 515 of the Code of Ordinances (ROW Usage Code fees) and related escrows shall apply.
3. 
Each application shall be accompanied by certification from the applicant that it has provided written notice of the application to all property owners within one hundred eighty-five (185) feet of the site including a reasonably detailed description of the work to be done, the location of the work and the time and duration of the work.
4. 
Application review and determination.
a. 
The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to Subsection (B)(4)(d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1) 
Has submitted all necessary information,
(2) 
Has paid the appropriate fees, and
(3) 
Is in full compliance with this Section 405.690 and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
b. 
It is the intention of the City that proposed facilities 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 facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section 405.690. To accomplish such purposes the Director may impose conditions on facilities 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.
c. 
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
d. 
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
(1) 
Delinquent fees, costs or expenses owed by the applicant;
(2) 
Failure to provide required information;
(3) 
The applicant being in violation of the provisions of this Section 405.690 or other City ordinances;
(4) 
For reasons of environmental, historic or cultural sensitivity as defined by applicable Federal, State or local law;
(5) 
For the applicant's refusal to comply with reasonable conditions required by the Director; and
(6) 
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.
5. 
Permit revocation and ordinance violations.
a. 
The Director may revoke a facilities 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 Section 405.690. Prior to revocation the Director 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 on good cause shown. A substantial breach includes, but is not limited to, the following:
(1) 
A material violation of the facilities permit or this Section 405.690;
(2) 
An evasion or attempt to evade any material provision of the permit or this Section 405.690 or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
(3) 
A material misrepresentation of fact in the permit application;
(4) 
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
(5) 
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, 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 Section 405.690, provided that City standards are no more stringent than those of a national safety ordinance.
b. 
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Section 405.690 and in lieu of revocation the Director may initiate prosecution for such violation.
6. 
Appeals. Any person aggrieved by the final determination of the Director may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the Director's final determination.
[Ord. No. 5381 §5, 7-14-2014]
C. 
Facilities Regulations.
1. 
The following general regulations apply to the placement and appearance of facilities:
a. 
Facilities shall be placed underground, except when other similar facilities exist above ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible, as determined by the City, and when in the City's judgment the above ground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
b. 
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are:
(1) 
Thoroughfare landscape easements,
(2) 
Rear yards, and
(3) 
Street side yards on a corner lot behind the front yard setback. Placements within side yards not bordered by a street or within front yards are discouraged.
c. 
Facilities shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sight-proof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
d. 
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and all other applicable Federal, State or local laws and regulations.
e. 
No person shall place or cause to be placed any sort of signs, advertisements or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
f. 
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
2. 
Any person installing, repairing, maintaining, removing or operating facilities, and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
3. 
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation or maintenance of streets or other public works or to protect the ROW or the public health, safety or welfare.
4. 
If a person installs facilities without having complied with the requirements of this Chapter or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
5. 
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, Building Codes, zoning requirements and the Rights-of-Way Usage Code in addition to the regulations provided herein.

Section 405.700 Dedication of Public Parks and Open Space.

[R.O. 2008 §26-79; Ord. No. 1903 §1, 11-24-1997; Ord. No. 5300 §20, 4-22-2013]
The City Council is specifically empowered to establish public parks on public land in any zoning district and may either accept or reject any portion of the property in any zoning district which the developers thereof may voluntarily desire to dedicate to the City as a public park. If any portion of such district is so voluntarily dedicated, such portion of the property must be shown on the approved site development plan, all subject to the recommendation of the Planning and Zoning Commission and the approval of the City Council.

Section 405.710 Private Usable Open Space.

[R.O. 2008 §26-80; Ord. No. 1903 §1, 11-24-1997; Ord. No. 1957 §3, 10-12-1998]
A. 
Where required elsewhere in this Chapter, a minimum of twenty percent (20%) of the net multiple-family residential acreage shall be devoted to private useable open space. This is defined as space on a lot that is:
1. 
Unoccupied by principal or accessory buildings above the finished lot grade.
2. 
Unobstructed in the sky.
3. 
Not devoted to service driveways, off-street parking or loading areas/spaces.
4. 
Not devoted to vertical walled or dry detention ponds with slopes exceeding 3:1.
5. 
Devoted to landscaping, paved common patios, tennis courts, swimming pools, permanent lakes or ponds and other like uses.
6. 
Devoted to open recreational areas and play fields and other like uses that are not less than ten thousand (10,000) square feet in area, at least twenty-five (25) feet away from any principal structure or parking area and not located within any required setback or minimum buffer yard.
7. 
Available in the same proportion to all occupants of the building or buildings within the immediate vicinity of the multi-family residential building or development.

Section 405.720 Submission of Trust Indenture.

[R.O. 2008 §26-81; Ord. No. 1903 §1, 11-24-1997]
A. 
Where required elsewhere in this Chapter, the developer of lands shall submit in association with the site development plan for the proposed project a proposed trust indenture relating to all of the land within the development. This trust indenture shall provide for the appointment of a board of trustees to be selected by the owners of the tract in an equitable manner. The board of trustees shall be charged with the duty under this Chapter and under such trust indenture to maintain all streets, private parks, common areas, walks, fountains, pools, statuary, landscaping, recreational areas and any other areas or structures for the common use of the tenants or owners of property within this district. The trust indenture shall provide an equitable means of assessment against all land within such tract (with the exception of public lands) to ensure that the above described areas and structures shall be maintained in compliance with this Chapter and other ordinances of the City. In this manner, such areas and structures will remain attractive and useful to the owners and tenants of property within this district and shall not be injurious to the health, safety or welfare of residents of surrounding areas or be detrimental to property values of land and improvements within such tract or in surrounding areas.
B. 
The trust indenture shall also provide that the conveyance or change of ownership or lease of any part of such tract shall be subject to the terms of this Chapter and of such trust indenture and that no right or power conferred on the trustees by such indenture to comply with the provisions of this paragraph shall be abrogated. Such trust indenture shall be submitted to the City Attorney for approval as to the legal form and shall be recorded with the Recorder of Deeds of the County prior to the issuance of any building permit. No change shall be made in terms or provisions of the original trust indenture without the written consent of the City Attorney.

Section 405.730 Sidewalks.

[R.O. 2008 §26-82; Ord. No. 2080 §7, 9-11-2000]
A. 
The following standards shall apply to all internal sidewalks in non-residential developments within the City of Creve Coeur:
1. 
Sidewalks shall be safe, clearly defined and direct:
a. 
Sidewalks shall be buffered from the street, vehicular traffic and parking areas by a minimum three (3) foot greenspace or landscape area.
b. 
All non-residential developments requiring site concept plan and/or site development plan approval must provide safe, clearly defined and direct access between buildings and from the principal building's entrance to the public sidewalk.
c. 
Sidewalks shall be designed to avoid conflicts between vehicular, bicycle and pedestrian traffic. Pedestrian circulation and the placement of sidewalks shall take precedence over vehicular circulation. In order to emphasize conflict points and improve pedestrian safety and visibility, the use of textured or tinted materials for pedestrian crossings shall be utilized where pedestrian circulation paths cross a vehicular route as determined by the Planning and Zoning Commission.
d. 
The Planning and Zoning Commission, as part of the site development plan or site concept plan approval, shall require internal sidewalks to be extended to property lines or to areas anticipated for future development, redevelopment or expansion.
2. 
The minimum width of internal sidewalks in non-residential developments shall be at least six (6) feet or eight (8) feet if used as a curb stop.
3. 
All new curbs which are constructed in the City, and all existing curbs which are a part of any reconstruction, shall comply with the provisions of Section 71.365, RSMo.

Section 405.740 through Section 405.780. (Reserved)