[R.O. 2007 § 405.270; Ord. No. 1523 § 6.0100, 5-11-1989; Ord.
No. 2770 § 1, 11-13-1997; Ord. No. 3781 § 1, 2-20-2003; Ord.
No. 5132 § 11, 1-8-2009; Ord. No. 5339 § 12, 2-25-2010; Ord.
No. 5742 § 12, 4-30-2012]
A.
All accessory structures shall be permitted
with the following provisions and requirements:
1.
Any attached building or structure
shall be considered as a part of the principal or main building and
conform to all regulations applicable to said principal building.
2.
In residential zoning districts,
accessory buildings or structures, shall include, but not be limited
to, the following: greenhouses, swimming pools, detached garages and
similar uses.
[Ord. No. 7839, 7-27-2023]
3.
The minimum distance of an accessory
building or structure, including playground equipment, play courts/basketball
courts, and batting cages, from any side or rear property line shall
be six (6) feet. No accessory building or structure, including deer
stands, portable restrooms and other temporary structures, are permitted
within the front building setback area except on through lots where
accessory structures shall be permitted to extend past the front building
line that is parallel to the rear of the house. However, a minimum
setback from the property line of six (6) feet shall be maintained.
Portable restrooms may be approved by the Administrative Officer in
the front yard during construction if no other location is practical.
In non-residential zoning districts, accessory buildings and trash
enclosures shall be located as approved on the site development plan.
[Ord. No. 6722 § 3, 3-23-2017; Ord.
No. 7458, 6-24-2021]
4.
No principal building or structure
or accessory building or structure shall be located within or partially
within a designated utility easement.
5.
An accessory building or structure
in a residential district shall not exceed one-half (1/2) of the ground
floor area of the principal building.
6.
All accessory buildings shall be
ancillary to the main building and use on the subject property; no
accessory building may be used for a separate business or use.
7.
Clothing drop boxes shall be permitted
on properties used for institutional purposes including, but not limited
to, churches, schools, day care centers, libraries, government buildings,
and other public facilities. Clothing drop boxes shall also be permitted
in the "I-1" and "1-2" Industrial Zoning Districts. The location of
all clothing drop boxes shall be as approved by the Planning Department.
All clothing drop boxes shall be located on a paved pad and shall
be accessed by a paved parking or driving area.
[R.O. 2007 § 405.280; Ord. No. 1523 § 6.0200, 5-11-1989; Ord.
No. 3143 § 1, 11-18-1999]
A.
In all residential zoning districts, domestic pets (cats, dogs) may be kept by the occupant of a dwelling unit. These animals may not be used or kept for commercial purposes, or so as to cause a public nuisance (see Section 405.100, Definitions and Rules of Construction, "residential pet facility"). Hens may be kept in residential zoning districts as indicated in Subsection (F) below.
[Ord. No. 7514, 10-14-2021; Ord.
No. 7710, 9-22-2022; Ord. No. 7840, 7-27-2023]
B.
Animals (horses, chickens, including roosters,
cattle, and ducks) may be kept in conjunction with a farming operation
or riding stable. No stable or shed providing shelter for said animals
shall be closer than fifty (50) feet to any property line. In no case
shall a horse or pony be kept on a lot of less than three (3) acres.
[Ord. No. 7840, 7-27-2023]
C.
No person shall keep any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This shall not be construed to apply to zoological parks, performing exhibitions or circuses. No person shall keep or permit to be kept any wild animal as a pet (see Health Regulations set out in Chapter 230 for special requirements).
D.
Bees may be kept in a residentially zoned
district under the following conditions:
1.
A minimum lot size of ten thousand
(10,000) square feet.
[Ord. No.
6249 § 14, 10-23-2014]
2.
The maximum number of colonies shall
be limited to three (3) hives.
3.
The hive(s) location shall not be
visible where possible, and behind a sight-proof fence which is six
(6) feet in height; a fresh water supply shall be located within five
(5) feet of the hive.
4.
An apiary of one (1) or more hives
shall be located at least twenty (20) feet from the property line
or public right-of-way, with the hive opening directed towards the
most distant property line.
E.
Other domestic animals, as defined by the City Code and including, but not limited to, potbellied pigs, ferrets, hedgehogs, and rodents, shall be permitted as pets in residential districts in accordance with the City Code, Section 205.070.
F.
Chickens
(hens) shall be permitted in residential zoning districts on lots
of one (1) acre or more in accordance with the following regulations:
[Ord. No. 7840, 7-27-2023]
1.
Roosters may not be raised or housed in any chicken coop or pen on
a residential property; only hens shall be permitted on residential
properties.
2.
The keeping of up to eight (8) hens in total shall be permitted as
provided in this Section only in single-family residences and only
if a permit has been issued by the Health Manager, or his or her designee.
A Hen Permit may be issued if all of the following conditions are
satisfied:
a.
The hens shall be adequately confined within a coop and pen surrounded
by wire netting or other fence materials to prevent their escape therefrom
and kept in good repair and free of peeling paint, untreated or rotted
wood and rust. Coop/pen materials shall be uniform and treated or
painted in a uniform manner. A maximum of one (1) coop or pen shall
be allowed per lot.
b.
The pen shall be maintained in a ventilated, safe and sanitary condition,
which has adequate space for humane treatment and shall be designed
to effectively prohibit accessibility from predators.
c.
Hen coops and pens shall only be kept in the rear yard.
d.
Hen coops shall be constructed to include four (4) square feet of
space inside the coop per hen, up to a maximum of thirty-two (32)
square feet in size. Hen pens shall be constructed to include ten
(10) square feet of outdoor space per chicken, up to a maximum of
eighty (80) square feet in size. Coops may not exceed six (6) feet
in height.
f.
Coops and pens shall be effectively screened from view at ground
level at all times by the use of a sight proof fence or landscaping.
g.
Food for hens shall not be stored in a way that may create a public
nuisance.
h.
Both the fenced enclosure and the coop shall be maintained as to
not pose a threat to the public health, safety or welfare or to cause
a public nuisance. No material from the confinement area or coop shall
run off onto adjoining property.
i.
Any manure or other waste from the hens shall be collected and properly
removed from the premises or tilled into the soil on the premises
every forty-eight (48) hours to prevent the spreading of offensive
smells or diseases.
j.
No slaughtering of any hens shall be permitted.
k.
No person shall keep hens in any manner so as to create a nuisance as defined in Chapter 215 of the City Code.
l.
Hens shall not be permitted to run at large in or upon the public
streets, open lots or private properties of the City, other than that
of the owner.
m.
Eggs shall not be sold on the premises.
n.
Fighting or aggressive hens shall not be kept.
o.
The applicant must reside on the property subject to the application.
p.
Hen Permits granted under this Section may not be transferred to
a new owner.
q.
No person shall be permitted to keep or harbor any dangerous animal
in a dwelling or on a lot subject to a permit issued pursuant to this
Section.
r.
The applicant must at all times remain compliant with the provisions
of this Chapter.
3.
A Hen Permit may be issued after submittal of the appropriate application and sketch plan, and payment of the required non-refundable permit fee of one hundred dollars ($100.00) as required in Section 205.106. The application and sketch plan shall include:
a.
Application.
(1)
The name, home address and telephone number of the applicant.
(2)
A list of the names and addresses of all property owners within
seventy-five (75) feet of the applicant's property line.
(3)
A copy of the letter sent pursuant to Subparagraph (F)(4) of
this Section and certified mail receipts for each letter.
b.
Sketch Plan.
(1)
The location of the residence and any accessory buildings on
the subject property.
(2)
The proposed location of the pen and coop.
(3)
The proposed pen and coop dimensions.
(4)
Dimensioned setbacks from all property lines and all adjacent
residences.
(5)
An attached drawing, photo, or specifications of the proposed
pen or coop.
c.
Written verification from an applicable Homeowners Association that
the association has been advised of the applicant's intent to keep
hens. If there is no applicable Homeowners Association, the applicant
must provide a statement to the City indicating that there is no Homeowners
Association.
d.
The applicant shall mail to all owners of real property located with
an area determined by lines drawn parallel to and seventy-five (75)
feet distant from the boundaries of the property subject to the application,
by United States certified mail return receipt requested, informing
them of the applicant's intent to obtain a Hen Permit. If the applicant
is a tenant or lessee of the property subject to the permit, a copy
of the letter must also be provided to the owner of the property subject
to the application.
e.
The applicant must submit to inspection of the property subject to
the application and any hens located thereon by a City Health Official.
An inspection may occur more than once per year or as a result of
a complaint. Failure to consent to reasonable inspections or failure
to maintain the property, including the coop and pen, per the requirements
of this and any other applicable Section of the City Code, shall be
cause for revocation of a permit issued pursuant to this Section.
[R.O. 2007 § 405.290; Ord. No. 1523 §§ 6.0300
— 6.0302, 5-11-1989; Ord. No. 4398 § 1, 12-15-2005]
A.
All new territories which may hereafter
be annexed to the City shall be reclassified to a zoning classification
according to the following procedure(s).
B.
Administration. Within ninety (90) days
following the date of annexation, the Planning and Zoning Commission
shall recommend a zoning classification for all new territories to
the Board of Aldermen. The Board, within one hundred twenty (120)
days following the date of annexation shall establish zoning for all
newly annexed territories. All property owners within the territories
in question will be contacted by the City and be given a reasonable
opportunity to request a specific zoning classification. In any case,
the Board of Aldermen shall be the final authority regarding the determination
of all zoning classifications and may consider, but not be limited
to the following criteria:
C.
Public Hearing. In order to give the general
public reasonable voice in the reclassification procedure, the City
must hold a public hearing on each territory in question. At least
seven (7) days' notice of the time and place of such hearing shall
be published in an official newspaper or a paper of general circulation.
[R.O. 2007 § 405.300; Ord. No. 1523 § 6.0400, 5-11-1989; Ord.
No. 7192, 8-22-2019]
A.
No temporary structure (including trailers,
mobile or modular homes) shall be occupied for any residential, commercial
or industrial use except as specifically permitted or required by
this Chapter. However, the City Building Commissioner may allow a
temporary office or shelter incidental to new development. Occupancy
of structures for emergency conditions such as fire, explosion or
disaster shall be allowed until conditions are abated.
B.
"Temporary" for the purpose of this Section
shall refer to a period not to exceed one (1) year. The Building Commissioner
may extend the period where a need can be demonstrated.
C.
Seasonal buildings, activities or developments
shall include buildings, enclosures or other structures to be installed
for more than eighteen (18) months. Seasonal buildings shall be shown
on a Site Development Plan and Building Elevations as approved by
the Planning and Zoning Commission.
1.
The Planning and Zoning Commission
may approve or deny the proposed seasonal building, activity or development
with or without contingencies. Contingencies may, include, but not
be limited to, length of time, hours of operation, design, and building
materials.
[R.O. 2007 § 405.310; Ord. No. 1523 § 6.0500, 5-11-1989]
The height limitations of this Chapter
shall not apply to church spires, domes or skylights, ventilators,
water tanks, parapet walls, or necessary mechanical appurtenances
usually carried above the roof level.
[R.O. 2007 § 405.320; Ord. No. 1523 § 6.0600, 5-11-1989]
Except as otherwise specifically
provided for in this Chapter only one (1) principal or main building
shall be permitted on a lot. No portion of an area, frontage, or yard
required for any lot, building, or use for the purpose of complying
with provisions of this Chapter shall be included as an area, frontage
or yard for another lot, building or use.
[R.O. 2007 § 405.330; Ord. No. 1523 § 6.0700, 5-11-1989]
A.
Any building site shall have a sloping
grade and shall be maintained to cause the flow of surface water to
flow away from the walls of the building. The rear and side yards
shall be sloped to allow for the flow of surface water away from the
building without creating a nuisance.
B.
When a new building is constructed on a
vacant lot between two (2) existing buildings or adjacent to an existing
building, the new building and the yard around the new building shall
be graded in such a manner as not to alter the natural flow of water
across adjacent properties.
[R.O. 2007 § 405.340; Ord. No. 1523 § 6.0800, 5-11-1989; Ord.
No. 1988 § 1, 3-25-1993; Ord. No. 3216 § 1, 3-23-2000; Ord.
No. 3451 § 1, 5-24-2001; Ord. No. 3961 § 1, 1-20-2004; Ord.
No. 7192, 8-22-2019]
Within the sight distance area of
a comer lot, no sign, telephone booth, planting, or other obstruction
to vision shall be erected, planted or maintained so as to substantially
obstruct the view of traffic at an intersection. The sight distance
area shall be determined per the standards established in the St.
Louis County Department of Highways and Traffic Design Criteria, Section
40.25, except comer lots along residential streets and minor collector
streets which shall have a sight distance area that extends thirty
(30) feet from the point of intersection of the two (2) property lines
adjacent to the comer lot.
[R.O. 2007 § 405.350; Ord. No. 1523 § 6.0900, 5-11-1989]
Any organization or person planning
to offer day care for five (5) or more children, except those coming
under the exception of the law, shall apply for a license and meet
the licensing rules before accepting more than four (4) unrelated
children for care.
[Ord. No.
5956 § 7, 7-25-2013]
A.
Purpose. It is necessary and desirable
to provide suitable sites for group homes in residential areas provided
that, in furtherance of the goals of de-institutionalization and dispersal,
group homes are not unduly concentrated in neighborhoods so as to
ensure that mentally or physically disabled persons are afforded the
opportunity to be integrated in the community.
1.
In order to promote deinstitutionalization
and dispersal of group homes, no group home may be located within
five hundred (500) feet of another group home, measured by the straight
line distance between the nearest points of the exterior walls (exclusive
of overhangs) of the buildings within which the relevant facilities
or uses are located; or
2.
The exterior appearance of the home
and property, occupancy limitation, signage and other standards applicable
to single-family residences shall apply equally to group homes.
3.
In order to achieve the deinstitutionalization
and dispersal goals referenced herein, owners and operators of group
homes must register the facility with the Planning Department on forms
provided for that purpose and certify compliance with all applicable
ordinances of the City. Owners and operators of group homes must also
notify the department of any change of use, transfer or termination
of a group home use and revise the facility registration as appropriate.
[R.O. 2007 § 405.360; Ord. No. 1523 §§ 6.1000
— 6.1004, 5-11-1989; Ord. No. 1720 § 1, 2-14-1991; Ord.
No. 2516 § 1, 8-8-1996; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3781 § 1, 2-20-2003; Ord. No. 3961 § 1, 1-20-2004; Ord.
No. 3962 § 1, 1-20-2004; Ord. No. 4300 § 1, 6-23-2005; Ord.
No. 5132 § 12, 1-8-2009; Ord. No. 5742 § 13, 4-30-2012]
A.
FENCE
SIGHT-PROOF FENCE
Definitions. For the purposes of this Section
the following terms shall be deemed to have the meaning indicated
below:
A structure and/or materials consisting of wood (rails or
stakes), wire, masonry, vegetation (hedge) or other similar materials
erected so as to provide a barrier or enclosure along the boundaries
of a yard or lot or within a yard or lot. Such fence may or may not
have openings for sidewalks and driveways within its vertical surface
depending on its construction and use.
[Ord. No. 7458, 6-24-2021]
Any fence which substantially reduces the sight-distance
for adjacent properties or the traveling public. These fence types
include, but are not limited to, wood stockade fence, masonry fence,
shadow-box fence or thick vegetation (hedges).
B.
The following general fence provisions
shall apply to all zoning districts:
1.
No permit shall be required for the
erection, installation or alteration of any fence within the City
of St. Peters except as otherwise required in this Section.
[Ord. No. 6722 § 4, 3-23-2017]
2.
No fence, wall, shrub, or hedge shall
be constructed or altered to exceed six (6) feet in height except
as indicated in the specific district regulations as follows.
3.
It shall be unlawful for any person
to paste, stick or put upon any fence or wall within the City any
indecent, obscene, immoral or grossly written words or painted advertisement,
poster or circular.
4.
No person shall erect, or cause to
be erected, maintain, or cause to be maintained, any fence or enclosure
of which any part is charged with or designed to be charged with the
electrical current except as specified by applicable Missouri Statutes,
including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
5.
In the case of fences constructed
over dedicated utility easements, the City shall not be responsible
for the replacement of said fence due to its removal. It is required
that the property owner contact the City Engineer or developer for
location of above-mentioned easements.
6.
In no case shall a fence be erected
so as to enclose or block a stormwater catch basin, culvert, or other
stormwater structure in any development. It shall be the responsibility
of the City Engineer to inspect such violations and make a written
report to the Administrative Officer.
8.
All fencing must be maintained in
good condition at all times. "Good condition" is hereby defined to
include, but shall not be limited to, replacement of damaged boards,
staining or painting of surfaces and removal of rust.
9.
Fence completion shall occur within
six (6) months from the start of construction.
10.
When a fence is adjacent a public
street, the improved side of the fence shall be oriented to the outside.
11.
Fences shall be designed to appear as one (1) unit; patched
or extended fences that do not match the original fence design and/or
materials shall not be permitted.
[Ord. No. 7555, 12-16-2021; Ord.
No. 7709, 9-22-2022]
C.
Fence Regulations For "A-1" Agricultural
District. Electrified and barbed wire fences shall be permitted in
the "A-1" Agricultural District as specified by applicable Missouri
Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
D.
Fence Regulations For "R" (Residential)
Districts.
1.
The use of barbed wire, hardware
cloth, or any other similar material shall not be permitted as fencing
in residential districts.
2.
Residential fences shall not exceed
six (6) feet in height.
3.
The owners of residential properties
shall be responsible for maintaining said fences and to remove any
fence if it becomes unsightly or a menace to public safety, health
or welfare.
4.
On a comer lot, a fence shall not extend beyond the front building line, as platted, which is parallel to the front of the house. Along other front building lines as platted on a comer lot, the fence may extend ten (10) feet beyond the front building line as platted and shall not extend into the sight distance area as defined in Section 405.340 of this Chapter. If the rear property lines of comer lots abut each other, the front yard fence setback along the sides of the structures may be located along the property line.
[Ord. No.
6249 § 15, 10-23-2014; Ord. No. 7458, 6-24-2021]
5.
On a through-lot, a fence is permitted
to extend to, and along, the property line opposite the front of the
structure. No fence shall be permitted to extend beyond the building
line at the front of the structure or any property line.
[Ord. No.
6249 § 15, 10-23-2014]
6.
On any interior lot other than a
through-lot, a fence shall not extend beyond the front building line
nor shall any fence extend beyond the side and rear property lines.
[Ord. No.
6249 § 15, 10-23-2014; Ord. No. 7458, 6-24-2021]
7.
A front yard shall not be enclosed
by a fence other than as provided for a through-lot or when installed
as a physical security measure. However, physical security measures
in the front yard may not include fences that completely block the
view of a front yard, prevent access to the public right-of-way, sidewalk,
or utility easement, or negatively impact the drainage of the subject
property. Decorative fence sections and trash enclosures shall not
be considered a fence and may be placed in front yards.
[Ord. No. 7458, 6-24-2021; Ord.
No. 7709, 9-22-2022]
8.
Temporary fences may be erected in
conjunction with "display homes" in subdivisions so long as the fences
are removed within thirty (30) days following the sale or transfer
of ownership of the home.
9.
Ornamental dividers, plastic chains,
posts or like materials erected along driveways or sidewalks shall
not be considered a fence.
10.
Fences shall be erected around swimming
pools according to the adopted Building Codes of the City of St. Peters.
11.
There shall be no fences consisting
of one (1) or more strand wires constructed in residential districts.
12.
Fence Materials.
[Ord. No.
7192, 8-22-2019]
a.
Fences which are four (4) feet or
less in height may be constructed of wood, masonry, vinyl materials,
metal in the appearance of wrought iron, or chain link materials.
Vinyl materials shall be considered slats or planks; vinyl coated
chain link fencing or metal shall not be considered vinyl fencing.
b.
Fences which are greater than four
(4) feet in height shall be constructed of wood, metal in the appearance
of wrought iron, or vinyl materials. Vinyl materials shall be considered
slats or planks; vinyl coated chain link fencing or other vinyl coated
metal fencing shall not be considered vinyl fencing.
(1)
Chain link and masonry
may be used if approved by the Administrative Officer after substantial
evidence has been provided indicating that other materials are not
practical and that such fencing will not create an aesthetic problem.
13.
Electrified fences shall be permitted for a non-residential
use in a residential zoning district as allowed by applicable Missouri
Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
E.
Fence Regulations For All "C" (Commercial)
And "I" (Industrial) Districts.
1.
The following may be approved by
the Administrative Officer:
a.
Requests stating the reason must
be made in writing to and approved by the Administrative Officer prior
to construction or erection.
b.
Fences higher than six (6) feet may
be permitted for security and/or screening purposes. Also, barbed
wire or razor wire shall be permitted only if the lowest strand is
at least seven (7) feet above grade, and when used for security purposes
in addition to a regular fence.
2.
Fences are permitted on any lot or
paved area so long as they do not extend beyond the front building
line unless otherwise approved by the Planning and Zoning Commission.
3.
Where a fence is constructed to comply
with a screening requirement, all fencing regulations regarding maintenance,
materials and height shall apply.
4.
Fences erected to screen waste receptacles shall be the regulations of the applicable zoning district and Section 405.395.
5.
All fences installed in commercial
zoning districts and industrial zoning districts that abut residential
properties that are used for the purpose of screening between districts
shall be masonry, wood composite, or vinyl.
6.
Fences constructed of chain link
that are located within commercial and industrial zoning districts
shall be coated with vinyl.
[Ord. No.
6249 § 15, 10-23-2014]
7.
All other general provisions previously
stated shall apply.
8.
All areas approved for outside seating
at restaurants and taverns shall be enclosed with a fence a minimum
of thirty-six (36) inches in height. The fence materials shall be
as approved by the Planning Department.
9.
A fence or rail shall be installed
on all retaining walls that exceed four (4) feet in height that are
located in commercial zoning districts or within a commercial development
in an industrial zoning district. The fence or rail shall be a minimum
of thirty-six (36) inches in height.
[Ord. No.
6249 § 15, 10-23-2014]
10.
Electrified fences shall be permitted in a commercial or industrial
zoning district as allowed by applicable Missouri Statutes, including
Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
F.
Fence Permit In All "R-3", "C" (Commercial)
And "I" (Industrial) Districts.
1.
For all fences installed within an
"R-3(A)", "R-3(8)", a multiple-family development within a Planned
Urban District (PUD), "C", or "I" District, a building permit, not
to exceed fifty dollars ($50.00), shall be obtained prior to installation
of the fence. However, building permits shall not be required for
electric fences, per Missouri Statute Section 67.301, but electric
fences must comply with City regulations related to aesthetics, access
to the public right-of-way, sidewalks or utility easements, structural
soundness, and impacts on drainage of a property.
[Ord No. 6722 § 4, 3-23-2017; Ord. No. 7514, 10-14-2021; Ord. No. 7555, 12-16-2021]
[R.O. 2007 § 405.370; Ord. No. 1523 § 6.1100, 5-11-1989; Ord.
No. 2312 § 1, 6-8-1995; Ord. No. 2770 § 1, 11-13-1997]
A.
Notwithstanding the regulations contained in any part of this Chapter, no use other than an agricultural use, public park or parkway and public street or highway will be permitted in any zoning district on the Zoning District Map which is subject to flood hazard unless adequate flood protection measures are taken as specified in Chapter 410. This Chapter shall apply to all areas of special flood hazards as identified by the Federal Insurance Administration through the report entitled, "The Flood Insurance Study for the City of St. Peters, with accompanying "Flood Insurance Rate Maps (FIRM)" and "Flood Hazard Boundary Maps (FHBM)". If property is elevated above the base flood elevation, the developer shall obtain a letter of map revision or amendment as appropriate as follows:
[R.O. 2007 § 405.380; Ord. No. 1523 §§ 6.1200
— 6.1205, 5-11-1989; Ord. No. 1988 § 1, 3-25-1993; Ord.
No. 2120 § 1, 3-10-1994; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3622 § 1, 3-14-2002; Ord. No. 3701 § 1, 9-12-2002; Ord.
No. 5742 § 14, 4-30-2012; Ord. No. 6249 § 16, 10-23-2014; Ord. No. 6865, 11-9-2017; Ord. No. 7192, 8-22-2019; Ord. No. 7514, 10-14-2021; Ord.
No. 7710, 9-22-2022]
A.
Home-based work permitted pursuant to the provisions of this Chapter
is subject to, the following:
1.
Home-based work may only be performed by the owner or a tenant
of the dwelling unit within which the home-based work is being performed.
2.
The total number of employees and clients on-site at one (1)
time in a dwelling unit may not exceed the occupancy limit for the
dwelling unit.
3.
The use of the dwelling unit for home-based work shall not cause
a substantial increase in traffic in the area of the dwelling unit.
4.
The activities of the home-based work shall not be visible from
any adjoining street.
5.
In no way shall the appearance of the structure of the residence
be altered or constructed in a manner which would cause the premises
to differ from its residential character either by the use of colors,
materials, construction, lighting, signs or the emission of sounds,
noises or vibrations.
6.
Such home-based work shall be conducted entirely within the
residence.
7.
No storage or display of materials, goods, supplies, or equipment
related to the performance of home-based work shall be visible from
the outside of any structure located on the premises of the dwelling
unit.
8.
The performance of any home-based work, including, but not limited
to, the storage of goods and equipment, shall not reduce or render
unusable areas provided for the required off-street parking.
9.
Electrical or mechanical equipment which creates visible or
audible interference in radio or television receivers or cause fluctuations
in the line voltage outside the dwelling unit or which creates noise
not normally associated with residential uses shall be prohibited.
10.
A minimum of two (2) off-street parking spaces shall be provided
on the premises for said home-based work.
11.
No commercial vehicles, as defined (see Section 405.100, Definitions And Rules Of Construction, "commercial vehicles") by this Chapter, shall be displayed or stored outside of a structure on the property;
12.
No home-based business shall cause an increase in the use of
any one (1) or more utilities (water, sewer, electricity) so that
the combined use for the residence and the home-based work exceeds
the average for residences in the neighborhood.
13.
The business activity performed by the owner or tenant of the
dwelling unit shall be compliant with all State and Federal laws and
ordinances of the City.
[Ord. No.
5132 § 13, 1-8-2009]
In all residential districts, a maximum
of one (1) garage sale may be conducted at each residence during any
month. A garage sale may include two (2) days of consecutive or non-consecutive
sales within a seven (7) day period. A maximum of six (6) garage sales
may be conducted at each residence during any calendar year.
[R.O. 2007 § 405.390; Ord. No. 1523 §§ 6.1300
— 6.1303, 5-11-1989; Ord. No. 1720 § 1, 2-14-1991; Ord.
No. 2120 § 1, 3-10-1994; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3216 § 1, 3-23-2000; Ord. No. 5096 § 1, 10-23-2008; Ord. No. 5132 § 14, 1-8-2009]
A.
Residential Districts. It shall be at the
discretion of the individual property owners to landscape their lots;
however, at any given time the following provisions shall apply:
1.
No tree or ground cover shall be
planted of a type of species apt to destroy, impair, or otherwise
interfere with any street improvements, sidewalks, curbs, gutters,
sewer, or other public improvements. Grass clippings, leaves and other
landscape waste shall not be discarded into the public right-of-way,
including, but not limited to, sidewalks, curbs, streets, streams,
creeks, drainage ways and storm sewers. The property owner shall contact
the City prior to landscaping within any street right-of-way or utility
easement.
[Ord. No. 6865, 11-9-2017; Ord.
No. 7458, 6-24-2021; Ord. No. 7605, 4-14-2022]
2.
Vines of climbing plants growing
over street signs, fire hydrants, or other public property shall be
removed by the property owner.
3.
On a corner lot, no planting or other obstruction to vision extending to a height in excess of twenty-four (24) inches above the established street grade shall be erected, planted or maintained within the sight distance as established per Section 405.340.
4.
All landscaping shall be properly
maintained according to City ordinances presently in effect. A minimum
of fifty percent (50%) of all yard areas shall be comprised of turf
grass. Turf grass shall first cover the front yard area as part of
the required percentage of yard coverage. When plants, flowers or
food crops grown at regular intervals and not within a defined planting
bed are added to a yard area, that yard area shall not then be considered
comprised of turf grass. Trees shall not be planted within six (6)
feet of a property line in the side and rear yard. The property owner
shall be responsible for such maintenance.
[Ord. No. 6865, 11-9-2017; Ord.
No. 7458, 6-24-2021; Ord. No. 7605, 4-14-2022]
5.
For all multiple-family zoning districts,
"R-3(A)" and "R-3(B)", a landscape plan shall accompany, or be a part
of, each site plan, and no site plan shall be approved without the
Planning and Zoning Commission's review and approval of said landscape
plan. The landscape plan shall contain size, type and location of
plantings. All "R-2" Two-Family Residential Zoning Districts shall
be required to have a landscape plan which may be approved by the
Planning and Development Department or forwarded to the Planning and
Zoning Commission for its review and approval at the discretion of
the Administrative Officer. Landscaping to be completed prior to the
issuance of a final occupancy permit for the structure(s).
6.
In all residential zoning districts,
above-ground fuel storage tanks shall be thoroughly (0 screened with
appropriate materials or landscaping to conceal their visibility from
the right-of-way and neighboring properties.
7.
All trees shall be planted so as
to maintain a minimum fifteen (15) foot setback from all levees.
B.
Non-Residential Districts (Commercial/Industrial).
In "C" (Commercial) and "I" Districts, the landscaping/screening requirements
are as follows:
1.
Screening Requirements.
a.
All screening and buffering requirements
previously set forth in the individual districts, special use permit,
or Planned Urban Development (PUD) agreement shall be the responsibility
of the lot owner or developer to install and maintain.
[Ord. No. 6865, 11-9-2017]
b.
When off-street parking areas for
six (6) or more vehicles are located within or adjacent to a residential
district, and where such parking areas are not entirely screened visually
from such lot by an intervening building or structure, a continuous,
visual screen with minimum height of six (6) feet shall be provided
between the parking area and the said lot or residential district.
Such screen shall consist of a solid fence or masonry wall, a compact
evergreen hedge or foliage screening may be approved as an alternative
by the Administrative Officer.
c.
Protective Screening. When off-street
loading areas are located within or adjacent to a residential district,
and where such loading areas are not entirely screened visually by
an intervening building or structure, a continuous visual screen with
a minimum height of eight (8) feet shall be provided between the loading
area and the said lot or residential district. Such screen shall consist
of a solid fence or a masonry wall, a compact evergreen hedge or foliage
screening may be approved as an alternative by the Administrative
Officer.
2.
Landscaping Requirements.
a.
A landscape plan shall accompany,
or be a part of, each site plan, and no site plan for new development
shall be approved without the Planning and Zoning Commission's approval
of said landscape plan. This landscape plan shall include size, type
and location of plantings and shall include parking lot planting islands,
perimeter plantings, and similar landscape features. The majority
of white pines or other evergreen species as approved on the Site
Development Plan shall be a minimum of six (6) feet in height; deciduous
trees shall be a minimum caliper of one and one-half (1.5) inches.
[Ord. No. 7839, 7-27-2023]
b.
Where off-street parking spaces are
provided, a minimum of ten (10) square feet of landscaping shall be
provided for each space within the parking area or lot, or as approved
by the Commission. While no specific tree species or plantings are
given in this Chapter, the developer or owner shall be expected to
provide sufficient landscaping details on the plans at the time of
submittal. The use of earth berms or sculpting shall be encouraged
provided these are designed in an area of enough size so as to cause
no erosion, drainage or maintenance problems.
3.
All trees shall be planted so as
to maintain a minimum fifteen (15) foot setback from all levees.
C.
Screening And Landscaping. All off-street
parking facilities, with the exception of a single-family detached
dwelling or a two-family dwelling, shall be screened and landscaped
in accordance with the following design standards.
1.
Planting Strip Along Property Lines.
a.
Along each property line of the zoning
lot, a planting strip of four (4) feet minimum width shall be provided
between said property line and the off-street parking facilities.
Where parking facilities for non-residential uses abut a residential
district, a sight-proof fence or hedge of not less than six (6) feet
in height shall be provided along the perimeter of the off-street
parking facility within the planting strip herein described.
b.
In the case of a common/shared driveway
entrance/exit the requirement for a four (4) feet minimum width planting
strip will be waived. However, the remainder of the site shall contain
sufficient additional landscaped areas to compensate for the loss
of the planting strip or a portion thereof.
2.
All off-street parking facilities
shall be appropriately broken by linear planting strips or variable
shaped islands in the interior of the facility. Such planting strips
or islands shall be satisfactorily landscaped with trees or other
suitable vegetation and shall constitute no less than five percent
(5%) of the total area of the off-street parking facility excluding
the four (4) foot planting strip previously mentioned.
3.
The selection of trees, hedges and
other planting materials shall be approved by the Commission on recommendation
by the Administrative Officer.
4.
All screening and landscaping shall be installed in conformance with the "Corner Visibility" restrictions of this Chapter, Section 405.340.
5.
The selection of trees, hedges, and
other planting materials shall be as approved on the landscape plan.
Minor modifications to the landscape plan may be approved by the Administrative
Officer. Substantial modifications shall be reviewed and approved
by the Planning Commission.
D.
Prior to issuance of a final occupancy permit, all landscaping indicated on the approved site development plan shall be installed. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the Administrative Officer and shall otherwise be submitted in compliance with the process established in Section 405.585. Upon installation of the landscape materials, the escrow shall be released by the City.
[R.O. 2007 § 405.395; Ord. No. 3961 § 2, 1-20-2004; Ord.
No. 4582 § 1, 7-27-2006; Ord. No. 5132 § 15, 1-8-2009]
A.
Trash containers shall be enclosed and
screened per the requirements of each zoning district. Recycling containers
are not required to be screened unless otherwise approved on the site
development plan. A trash enclosure is required in all non-residential
and multiple-family developments unless otherwise waived by the Planning
Commission; where required, the following conditions shall be required:
[Ord. No. 7458, 6-24-2021]
1.
All exterior waste containers shall
be located on a paved surface. If a floor drain is installed outside
the waste container to serve the waste container, the pad shall not
exceed three (3) feet on any side of the actual dumpster. The pad
shall be sloped towards the floor drain which shall be directed to
the sanitary sewer system through the grease interceptor structure.
Drainage beyond the waste container area shall be directed towards
the storm sewer system.
2.
Reinforced concrete approaches shall
be provided in front of the access doors to the screened area; the
approaches shall be a minimum of twenty (20) feet in length and at
least as wide as the screened area.
3.
Unless otherwise specified in the
specific zoning district requirements, all screening of waste containers
shall be masonry or vinyl fence material. All doors on waste container
enclosure areas shall be vinyl.
4.
All trash enclosures shall be designed
and constructed to City specifications as directed by the Department
of Health and Environmental Services.
[R.O. 2007 § 405.400; Ord. No. 1523 § 6.1400, 5-11-1989; Ord.
No. 3318 § 1, 10-12-2000]
For any through lot, both frontages shall comply with the front yard requirement of the district in which it is located. Swimming pools, decks, and open-air porches shall comply with the setback requirements of the underlying zoning district. In addition, fences shall comply with Section 405.360, Fence Requirements.
[R.O. 2007 § 405.405; Ord. No. 2920 § 1, 9-10-1998]
[R.O. 2007 § 405.410; Ord. No. 1523 § 6.1500, 5-11-1989; Ord.
No. 1617 § 1, 4-12-1990; Ord. No. 2770 § 1, 11-13-1997]
A.
When the recorded owner of two (2) or more
contiguous lots desires to consolidate lots, the owner shall indicate
the proposed consolidation in writing to the Administrative Officer.
No amended record plats are needed as long as the external boundary
in question shall be used as one (1) lot. However, an exhibit including
the following information shall be provided:
B.
The letter requesting consolidation and
the exhibit shall be approved by the Planning Department and recorded
with the St. Charles County Recorder of Deeds. A recorded copy of
the letter and exhibit shall be returned to the Planning Department.
[R.O. 2007 § 405.420; Ord. No. 1523 §§ 6.1600
— 6.1603, 5-11-1989; Ord. No. 2516 § 1, 8-8-1996]
A.
A non-conforming use is a land or buildings
within the City of St. Peters that does not conform to this Chapter.
A non-conforming use may often have a detrimental effect on the land
use around it, such as increased traffic on residential streets, not
enough parking spaces, the emission of noxious fumes, the creation
of loud noises or a depressing effect on property values. These regulations
are intended to minimize the existing and/or potential problems created
by non-conforming uses.
B.
Continuance Of A Non-Conforming Use.
1.
Any lawful building, structure, or
use existing at the time of the enactment of this Chapter may be continued
even though such building, structure, or use does not conform to the
provisions of this Chapter for the district in which it is located
and whenever a district shall be changed hereafter then the existing
lawful use may be continued, subject to the provisions of this Chapter.
2.
Any legal non-conforming building
or structure may be continued in use provided there is no structural
change other than normal maintenance and repairs.
3.
Any building for which a permit has
been lawfully granted prior to the effective date of this Chapter
or of amendments hereto, may be completed in accordance with the approved
plans, provided construction is started within one (1) year.
4.
A building or lot containing a non-conforming
use may not be enlarged, extended, expanded, reconstructed, or altered
unless such use is made to conform to the regulations of the district
in which it is located. However, in the case of evident hardship,
a building containing a non-conforming use or a site with a non-conforming
feature may be enlarged an amount not greater than twenty-five percent
(25%) of its present ground floor area or square footage by approval
of the Administrative Officer when the modification or maintenance
is completed by the existing owner. If a non-conforming building or
site is sold or transferred, the building or site modification must
be directed by the City within five (5) years of the sale/transfer.
[Ord. No. 7839, 7-27-2023]
C.
Repairs, Maintenance And Alteration Of
Non-Conforming Use/Building.
1.
Ordinary repairs and maintenance
of a non-conforming building shall not be deemed an extension of such
non-conforming building and shall be permitted.
2.
No structural alteration shall be
made in a building or other structure containing a non-conforming
use except in the following situations:
a.
When the alteration is required by
law.
b.
When the alteration will actually
result in elimination of the non-conforming use.
c.
A building containing a non-conforming
use may be altered in a way to improve livability and/or appearance
provided no structural alteration shall be made which would increase
the number of dwelling units or the bulk of the building.
D.
Abandonment Or Discontinuance.
1.
When any non-conforming use has discontinued
for a period of twelve (12) consecutive months, such use shall not
thereafter be resumed and any future use of the premises shall be
in conformity with the provisions of this Chapter, provided that,
such non-conforming use may be resumed when the owner during the period
of discontinuance, has been actively attempting to continue such non-conforming
use.
2.
Proof of fact in writing must be
furnished to the Administrative Officer by the applicant to establish
intent not to abandon.
[R.O. 2007 § 405.430; Ord. No. 1523 §§ 6.1700
— 6.1702, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997]
A.
Amount Of Land/Recreational Facilities
To Be Provided. Prior to the issuance of any building permits, the
developer of any residential, commercial, or industrial areas shall
comply with the City's current Comprehensive Plan and Future Land
Use Map in providing jogging/bicycle trails, or other park land pursuant
to the Comprehensive Plan. During the site plan review process the
developer will provide reasonable measures to retain existing trees
and vegetation and is encouraged to participate in the City's park
development program.
B.
Application. The provisions of this Chapter
shall apply to all residential, commercial, or industrial developments
within the corporate limits of St. Peters, Missouri. In submitting
a preliminary plat or site plan, the developer shall ensure that said
plat or plan contains sufficient detail so as to distinguish open
space, playground, bike trails or recreational related facilities.
The developer shall also indicate on said preliminary plat or site
plan the land and/or facilities which are to be dedicated as park,
bike trail or open space to the City or dedicated to private or common
ownership for park purposes. All plats and plans shall be reviewed
by the City for conformity with the City's then current Comprehensive
Plan and Future Land Use Map.
C.
Any development which generates hazardous
waste or hazardous materials as defined by the Missouri Department
of Natural Resources shall be prohibited within (2,500) feet of a
City well.
[Ord. No.
6249 § 17, 10-23-2014]
[R.O. 2007 § 405.450; Ord. No. 1523 § 6.1900, 5-11-1989]
[R.O. 2007 § 405.460; Ord. No. 1523 §§ 6.2000
— 6.2004, 5-11-1989; Ord. No. 2312 § 1, 6-8-1995; Ord. No. 2516 § 1, 8-8-1996; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3318 § 1, 10-12-2000]
A.
The intent of this provision is to provide
pedestrians with safe and convenient access to schools, recreational,
and retail areas, and places of employment. In general, sidewalks
should be located in the public right-of-way parallel to the street
pavement. However, when a sidewalk can be integrated into a linear
park system, consideration should be given to combination pedestrian/bicycle
paths. In any event, the purpose of sidewalks shall be to connect
people with specific destinations within the City. The following specifications
shall apply:
3.
Minor (local), Dead-End, And Cul-De-Sac
Streets (right-Of-Way — Fifty (50) Feet).
a.
A sidewalk shall be required on one
(1) side of all primary subdivision roadways. A primary subdivision
roadway shall be defined as any entrance/exit roadway or connection
thereto to its termination or connection with any secondary entrance/exit
of the subdivision.
b.
A minimum of a four (4) foot wide
sidewalk with appropriate easement shall be provided to facilitate
access and connection to community facilities and adjacent subdivisions.
4.
Sidewalks for pedestrian/bikeway
movement shall be a minimum of six (6) feet in width. Property easements
for such purpose shall be a minimum of ten (10) feet. The Planning
and Zoning Commission shall require additional easement where necessary.
[R.O. 2007 § 405.470; Ord. No. 1523 §§ 6.2100
— 6.2105, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord.
No. 1720 § 1, 2-14-1991; Ord. No. 1988 § 1, 3-25-1993; Ord.
No. 2312 § 1, 6-8-1995; Ord. No. 2516 § 1, 8-8-1996; Ord.
No. 2770 § 1, 11-13-1997; Ord. No. 2868 § 1(6.2102,
6.2105), 7-9-1998; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3171 § 1, 1-13-2000; Ord. No. 3280 § 1, 8-10-2000; Ord.
No. 3370 § 1, 1-11-2001; Ord. No. 3530 § 1, 9-27-2001; Ord.
No. 3558 § 1, 11-15-2001; Ord. No. 3580 § 1, 1-10-2002; Ord.
No. 3648 § 1, 5-9-2002; Ord. No. 3775 § 1, 1-27-2003; Ord.
No. 3781 § 1, 2-20-2003; Ord. No. 3963 § 1, 1-20-2004; Ord.
No. 4300 § 1, 6-23-2005; Ord. No. 4345 § 1, 9-22-2005; Ord.
No. 4398 § 1, 12-15-2005; Ord. No. 4723 § 1, 1-26-2007; Ord.
No. 5466 § 9, 8-26-2010; Ord. No. 5629 § 1, 8-11-2011; Ord.
No. 5742 § 15, 4-30-2012]
A.
In planning and developing a subdivision, lot or tract, the applicant
shall comply with the general principles of design and minimum requirements
for the layout of subdivision concerning required improvements, and
in every case shall pursue the following procedures.
[Ord. No. 7514, 10-14-2021]
B.
Preapplication Proceedings. Prior to the preparation of the preliminary
plat and/or site plan, the applicant shall consult with the designated
Administrative Officer in order to become familiar with the standards
established in these regulations and the provisions of the Comprehensive
Plan affecting the land proposed to be subdivided.
[Ord. No. 7514, 10-14-2021]
C.
Process Of Submission Of Preliminary Plat Or Site Plan.
[Ord. No. 7514, 10-14-2021]
1.
The applicant, after the advisory meetings, may then initiate
a request for formal review of the preliminary plat, site plan, or
record plat. The applicant shall submit said plat or plan in accordance
with the established scheduled meeting of the Planning and Zoning
Commission at which action is desired. After review of plat or plan
by City staff, and subsequent notification of deficiencies/problems,
the developer/owner shall resubmit the corrected plat or plan prior
to the Planning and Zoning Commission meeting. Resubmitted plats or
plans containing more than six (6) contingencies shall not be submitted
to the Planning and Zoning Commission for review.
2.
All preliminary plats or site plans shall be prepared and sealed
by a qualified and registered professional engineer or surveyor. Licensed
architects shall be permitted to seal site plans or amended site plans
that do not include site grading or utility construction or modifications.
3.
The applicant shall submit the site plan through the City's
online portal as required by the Administrative Officer for all staff
reviews. The applicant shall submit the required prints or an online
submittal for review by the Planning and Zoning Commission as directed
by the Administrative Officer.
4.
(Reserved)
5.
All preliminary plats and site plans shall be acted on by the
Planning and Zoning Commission within one hundred twenty (120) days
of plat/plan submittal to the City.
6.
A traffic study may be required by the City Engineer if deemed
necessary for the analysis of a development project by the Planning
and Zoning Commission.
D.
Information Required On A Preliminary Plat
Or Site Plan.
1.
The plat or site plan shall be drawn
to scale of not greater than one hundred (100) feet to the inch and
shall contain the following information:
b.
North arrow and scale and property
address from the applicable fire protection district.
c.
Title Block.
(1)
The proposed name of
the subdivision or development.
(2)
Names and addresses
of property owners including phone number.
(3)
Names and addresses
of architect, land planner, engineer, designer or surveyor.
(4)
Date prepared.
(5)
Tract designation or
legal (metes and bounds) description.
(6)
Address of site (if
available).
d.
Boundary Line. Showing bearings and
distances.
e.
Adjacent Properties Information —
Existing And Proposed. Ownership and use of land, zoning classifications.
(Ownership of lots in residential subdivision not required.)
f.
Utilities And Easements.
(1)
Indicate name and phone
number of the company or jurisdiction providing the following services:
water, sanitary sewer, electric, telephone, gas.
(2)
Identify size and location
of existing water lines, sewer lines, electric service and other existing
utilities. Show the location of hydrants, water meters, manholes,
inlets and other utility markers. Show the location of future water
and sewer lines and electric service.
(3)
Indicate existing easements
on plat or plan including perimeter utility easement.
(4)
Indicate the location
of future mailboxes or mailbox groupings.
g.
Lot Dimensions.
(1)
(a)
On residential lots
indicate approximate square footage of each lot. Provide notes reflecting
minimum side, rear, and front dimensions exclusive of public right-of-way.
(b)
Indicate minimum lot
width at the building line on irregular shaped lots or lots having
a measurement less than the required lot width at the building line.
(2)
On non-residential lots,
indicate gross acreage for each lot to be reviewed exclusive of public
right-of-way.
(3)
Indicate building dimensions
and square footage of the same.
(4)
Indicate building lines
and indicate the dimension of the building to the property lines if
the dimension is less than thirty (30) feet.
h.
Public And Private Streets And Curb
Cuts.
(1)
Show all proposed streets
and improvements to existing streets. Indicate whether public or private,
width of pavement, width of right-of-way and name of streets. (A letter
from the St. Charles County Planning Office indicating approval of
street names must be supplied to the City.)
(2)
Dimension curb cuts
on all non-residential development.
(3)
Show adjacent or connecting
streets and their names.
(4)
Show all street lighting.
(5)
Comply with segment of regulations which specifies information to be supplied at the time of filing of the preliminary plan or development plan as it relates to stormwater management planning. (Refer to Chapter 550, "Storm Sewer And Drainage Facility Guidelines".)
(6)
Indicate basic soil
erosion control plan to be utilized during site development.
(7)
Other information as
may be required by the Planning and Zoning Commission.
i.
Physical Characteristics And Stormwater
Management.
(1)
On-site plans provide
existing contours at two (2) foot intervals and one (1) foot intervals
for proposed. On preliminary plats, provide existing and proposed
contours at intervals of five (5) feet or less.
(2)
Indicate natural features
to be left undisturbed including natural watercourses. The development
shall leave as much of the natural topography and tree growth as reasonably
possible to facilitate erosion control and aesthetic considerations.
j.
Parks/open Space, Recreational Areas
And Common Ground.
(1)
Parks and open space
land shall be shown on plan if required in City's Comprehensive Plan.
(2)
Recreational area, if
proposed, shall delineate type of facilities and who will be responsible
for operation and maintenance of same.
(3)
All common ground areas
shall be shown with an appropriate note provided regarding administration
of same.
k.
Setback And Yards. Setback and appropriate
yards shall be at least those specified for the applicable district.
m.
Additional Information Required For
Non-Residential Site Plan Development. Refer to specific zoning district
for details.
(1)
Protective screening
for properties abutting residential zoning districts.
(2)
Trash Containers. Show
location and indicate that screening shall be six (6) feet in height
and compatible with the building style.
(3)
Street Lighting. Show
location.
(4)
Landscape Plan. No site
plan shall be approved without an acceptable landscape plan. Information
on location of plantings, species, numbers, and size is appropriate.
(5)
Building Outline And
Floor Area. Dimension floor area and identify building usage. If multiple
use, provide appropriate floor area breakdown. Provide other information
including building entrances as required by the Planning and Zoning
Commission.
(6)
Parking And Off-Street
Loading.
(a)
All parking shall be
based upon building use(s) in accordance with parking requirements
provided in these regulations. Handicapped spaces shall be provided.
Appropriate dimensions shall be given for all parking spaces and access
aisles. Handicapped parking space signs and ramps shall be indicated
where applicable. Off-street loading shall be provided as specified
in these regulations and shall be appropriately dimensioned.
(b)
Indicate curb and gutter
on all parking lots.
(7)
In order to insure architectural
compatibility within non-residential and certain residential zoned
areas of the City, the Commission shall require architectural drawings
and profiles to accompany site plans.
2.
Upon approval of preliminary plat/site
plan, the revised plat/plan incorporating appropriate contingencies
shall be submitted to the Planning Department prior to issuance of
a building permit.
[Ord. No. 7514, 10-14-2021]
3.
If the site work approved through
the site plan approval process has not been substantially begun within
twelve (12) months after site plan approval, the site plans shall
become null and void. An applicant must refile the appropriate information
when said site plan has been voided. The improvements included on
the site plan, including all building facade treatments, landscaping
and other site details, shall be completed within one (1) year of
issuance of a building permit unless otherwise extended by the Planning
Commission.
E.
Architectural Review For Structures In
All Zoning Districts Except "R-1" Single-Family Residential District.
[Ord. No. 7458, 6-24-2021; Ord.
No. 7514, 10-14-2021]
1.
Purpose. The intent of this Subsection (E) is to assure the mutual compatibility and appearance of buildings and their surroundings in the City of St. Peters.
2.
Application Review Responsibility.
a.
The criteria shall apply to all new
building construction excluding single-family residential dwellings.
The Commission, prior to issuance of a building permit by the City,
shall have the responsibility to review renderings except as provided
for hereinafter. Where building additions or alterations are considered,
the Administrative Officer shall review renderings for consistency
with original renderings. At the time of occupancy and/or use change,
the Administrative Officer may require modifications to the building
exterior to improve the appearance of the building. For substantial
remodeling or renovation of a building, a revised rendering or elevation
drawing shall be submitted to the Planning Commission for review.
If there are no changes to the site plan, a key map or sketch plan
shall be provided to indicate the location of the building.
b.
For all attached housing units including,
but not limited to, duplexes, villas and multiple-family buildings,
the following architectural requirements will apply:
(1)
Buildings shall include
a mixture of materials including masonry, siding, and other appropriate
architectural treatment.
(2)
The Administrative Officer
shall be given the authority to approve renderings or colored photos
but cannot reject the same. Any renderings of multiple-family units
not approved by the staff shall be brought to the Planning and Zoning
Commission. The Planning and Zoning Commission shall review those
renderings and shall approve or deny the renderings no later than
the second regular meeting of the Planning and Zoning Commission.
If the Planning and Zoning Commission denies said renderings, the
Chairman shall set forth in writing the reasons for denial by the
Commission.
3.
Submission Guidelines/requirements.
a.
An elevation drawing of all sides
of the building detailing the building's profiles must be submitted
for Commission review along with the site plan. The elevation drawing
must identify all building materials and colors in a readable manner.
The elevations shall be drawn on a twenty-four (24) inch by thirty
(30) inch (minimum size) sheet of paper at a scale no smaller than
twenty (20) feet to the inch. The building elevation drawings shall
be submitted to the Planning Department within seventeen (17) days
of the initial plan submittal date. Where multiple buildings are proposed
and they will differ architecturally, the site plan applicant is expected
to supply all appropriate renderings. Material samples must be provided
at the Planning and Zoning Commission meeting when the project is
under review.
b.
Twelve (12) file copies (8.5" x 11",
8.5" x 14", or 11" x 17" or similar) of the elevation drawing must
also be submitted to the Planning Department by the final submittal
date of the site plans. Plans submitted for review with a building
permit application shall essentially be in accord with the elevation
drawing or the permit will be denied.
c.
Where deed or subdivision documents
contain architectural standards, applicant shall supply a copy of
same to the Planning Department.
d.
If the building elevation drawings
do not comply with these submittal requirements, the building elevation
drawings and related site plan shall not be placed on the Planning
Commission agenda until all submittal requirements are addressed.
4.
Criteria.
a.
(1)
All buildings shall
be architecturally treated on all sides of the building to create
a consistent and attractive building appearance. All new buildings
shall be designed so as to match or complement existing buildings
in the vicinity. All buildings within the "C-1" Neighborhood District
shall be designed to be compatible with surrounding residential areas
and shall include an appropriate and limited amount of window glass.
(2)
Architectural materials
shall be as approved on the architectural renderings. All new buildings
shall consist predominantly of masonry/brick; stucco, wood, metal
or EFIS type material shall be considered as accent material. The
Planning Commission may approve other materials that provide similar
or equal architectural treatments and are deemed to have the same
durability as masonry.
b.
Roof top utilities such as, but not
limited to, cooling towers and heating and cooling equipment installed
in conjunction with any buildings or installed on any building heretofore
erected shall be screened/enclosed with walls of brick, wood, or other
similar architectural material extending to the height of the highest
projection of such equipment from all sides.
c.
Exterior walls of buildings exposed
as the result of demolition or removal of an adjacent building, unless
such walls are in good condition and architecturally compatible with
other walls and surrounding buildings, shall be renovated or improved,
as required by the Planning and Zoning Commission, to provide such
compatibility.
d.
Retaining walls and similar walls
shall be of a decorative treatment as approved by the Planning Department.
Exemption from this requirement shall be as approved by the Administrative
Officer. Guardrails or fences shall be required when safety concerns
are evident and shall be of a material approved on the site plan by
the Planning Department.
F.
Public Improvements Installed Or Guaranteed
In All Zoning Districts.
1.
Improvement Guarantee Required. After the site plan has been approved and all inspection fees paid, but before the issuance of any grading or building permits or the approval of the record plat, the developer shall guarantee the completion of all improvements required by the approved site plan together with the cost of restoration of any site in case of failure of the developer to complete the improvements so approved once land disturbance has commenced, and shall guarantee maintenance of such improvements as required herein. Except as provided in Subsection (F)(2) below, the developer shall either:
a.
Complete and dedicate the improvements
in accordance with the approved site plan under the observation and
inspection of the City Engineer, and establish a maintenance agreement
and provide a deposit to guarantee maintenance of such improvements
as required herein; or
b.
Establish a deposit under a deposit
agreement with the City of St. Peters guaranteeing the construction,
completion, and installation of the improvements ("construction deposit"),
and establish a separate deposit for maintenance obligations as required
herein for the improvements shown on the approved site plan ("maintenance
deposit"), within an improvement completion period approved by the
City Engineer, which period shall not exceed two (2) years and which
maintenance deposit shall be established prior to the final construction
deposit release.
2.
Exceptions. The City Engineer may
require any specific improvement to be installed prior to approval
of the record plat where failure to install such improvement prior
to further development could result in damage to the site or surrounding
properties.
3.
Deposit Options. Deposits required
by this Section shall be in conjunction with a deposit agreement and
may be in the form of cash or letter of credit as follows:
a.
Cash deposited with the Treasurer
of the City to be held in an interest-bearing account dedicated for
that purpose, with all interest accruing to the City to offset administrative
and other costs of maintaining the cash deposits; or
b.
An irrevocable letter of credit drawn
on a local financial institution acceptable to and in a form approved
by the City's Attorney and the City Engineer. The letter of credit
may not be drawn on any financial institution where the developer
or a related person, directly or indirectly, voluntarily or involuntarily,
owns, operates, controls through stock ownership or otherwise, or
becomes employed by, advises, consults with or represents in any capacity
such financial institution; provided however, nothing contained herein
shall be construed to prohibit the developer from: (i) investing in
any such financial institution, so long as he does not own or control
ten percent (10%) or more of such financial institution's ownership
interests, or ten percent (10%) or more of any class of securities
of such financial institution, when the developer is a financial institution,
it may issue its own letter of credit. The letter of credit shall
provide that the issuing institution will pay, on demand, to the City
such amounts as the City may require to fulfill the developer obligations
herein, as the same may be reduced from time to time in writing by
the City Engineer. The letter of credit shall be irrevocable for least
one (1) year and shall state that any balance remaining at the expiration
shall automatically be deposited in cash with the Treasurer of the
City, unless a new letter of credit is issued and agreed to by the
City or the City issues to the institution a written release of the
obligations for which the letter of credit was deposited. The developer
shall pay a non-refundable fee of two hundred dollars ($200.00) to
the City with submission of a letter of credit and one hundred dollars
($100.00) for any amendment or extension thereto to partially reimburse
the City's administration and review costs in accepting and maintaining
such letter of credit.
[Ord. No. 7231, 11-14-2019]
c.
Due to the costs of administering
deposit agreements and the compliance with State regulations relating
thereto, any developer that elects to use a deposit agreement in lieu
of completing the improvements as otherwise provided for in this Chapter
and Section 89.410, RSMo., shall deposit an additional fee of five
hundred dollars ($500.00) that shall be used by the City to defray
costs of administration, legal review, procedural changes, and other
costs not otherwise reimbursed to the City resulting from the City's
acceptance of such deposit agreements. The developer shall be obligated
to reimburse the City for any additional costs, including, but not
limited to, reasonable attorneys fees, above such deposit amount arising
in any way from the City's acceptance of a deposit agreement in lieu
of completion of improvements prior to recording the record plat.
The developer may request a refund of principal amounts, if any, of
any initial or supplemental deposit of the costs attributable to the
improvements during the period of the deposit agreement by written
request made to the City Engineer within thirty (30) days after the
developer has received the City Engineer's approval of any category
of improvements subject to such deposit agreement.
4.
Amount Of Deposit. The amount of
the deposit required by this Section shall be calculated as follows:
a.
Construction Deposit. The deposit required of a developer establishing a deposit agreement pursuant to Subsection (F)(1)(b) shall be, in addition to the separate maintenance deposit sum, in the amount of one hundred percent (100%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements, plus a sum for grading and restoration based on the estimated costs of construction on all residential sites or a restoration sum for construction on all non-residential sites calculated as follows: for sites of 0 — 1 acre — $5,000; 1 — 3 acres — $15,000; 3 — 5 acres — $25,000; 5 — 10 acres or more — $50,000. The developer shall submit a list of quantities and unit costs for materials and labor to construct the improvements in order to facilitate the City Engineer's estimation of the cost of such improvements. The unit costs shall be taken from the most current edition of the St. Louis County Department of Highway and Traffic's Design Criteria Manual, Schedule of Unit Prices. Any items not listed within the Schedule of Unit Prices shall be submitted by the developer's engineer.
b.
Maintenance Deposit. The deposit required of a developer pursuant to Subsections (F)(1)(a) and (F)(1)(b) for maintenance obligations shall be in the amount of fifteen percent (15%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements, plus one hundred percent (100%) of the restoration sum. The maintenance deposit shall be established by cash sum or submission of a separate letter of credit.
5.
Deposit Agreement — Releases.
The deposit agreement entered into with the City of St. Peters shall
require the developer to agree to fulfill the obligations imposed
by this Section, and shall have such other terms as the City's Attorney
may require consistent with this Section. The deposit agreement shall
authorize the City Engineer to release the cash or reduce the obligation
secured under the letter of credit as permitted herein. Such releases
or reductions may occur upon completion, inspection and approval by
the City Engineer of all required improvements within a category of
improvements, or may occur from time to time as work on specific improvements
is completed, inspected and approved, provided however, that:
[Ord. No. 7231, 11-14-2019]
a.
Releases — General. The City
Engineer shall release the cash or release the letter of credit as
to all or any part of the developer's obligation only after construction,
completion, and installation of some phase of work on the improvements
as indicated on the approved site plan and receipt of requisite written
notification from the City Engineer, but only in the amounts permitted
herein.
Closed circuit TV (CCTV) inspections
for sanitary and storm sewer mains to be dedicated to the City shall
be required prior to the initial release of any deposit agreement
related thereto. The CCTV inspection shall be conducted by the City
at a cost to the developer of one dollar ($1.00) per lineal foot of
sewer main. Said fee must be paid prior to inspection of the mains.
The developer may elect to conduct the CCTV inspection itself, in
which case the developer shall provide the City with a videotape and
written report prepared by an inspection company or engineer approved
by the City. The CCTV videotape and inspection report shall be prepared
in the format required by the City, and shall describe the slope,
location and type of deficiencies found. After correction of any deficiencies,
such deficiencies shall be reinspected by the City at the above cited
cost to the developer. No release of the deposited funds for such
improvements shall be made until the deficiencies found have been
corrected and dedicated.
b.
Extension Of Completion Period. If,
at the end of the required improvement completion period, all of the
improvements shown on the approved site plan have not been completed,
the developer may request and the City Administrator may grant an
extension to the improvement completion period for a period of up
to two (2) additional years if after review by the City Engineer such
longer period is deemed necessary to facilitate adequate and coordinated
provisions for transportation, water, sewerage, schools, parks, playgrounds,
or other public improvements, facilities or requirements so long as
all deposit agreements are extended and approved by the City's Attorney;
provided, further, that the City Engineer may require as a condition
of the extension execution of a new deposit agreement, recalculation
of deposit amounts, or satisfaction of new code requirements or other
reasonable conditions as may be needed to ensure that the extended
deposit agreement fully complies with the terms of this Section.
c.
Construction Deposit Releases. After
an inspection of any specific improvement, the City Engineer may,
in the City Engineer's discretion, release no more than ninety-five
percent (95%) of the original sum deposited for the construction of
such specific required improvement. Irrespective of any discretionary
prior releases that may be authorized by the City Engineer, after
completion and dedication of any component of the guaranteed improvements
(i.e., less than all of the improvements in a given category), the
remaining amount held for any category of improvements shall be released
within thirty (30) days of completion and dedication of all of the
improvements in such category of improvement, minus a retention of
five percent (5%) which shall be released only upon completion and
dedication of all improvements for the site. The City Engineer shall
establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of deposit
amounts, but such categories, components, and line items shall in
no way modify or reduce the developer's deposit agreement as to all
required improvements, irrespective of any release or completion of
any category, or underlying component or line item. All improvements
in a category shall be deemed complete only when:
(1)
Each and every component
and line item within a category for the entire site has been constructed
and completed as required,
(2)
The developer has notified
the City Engineer in writing of the completion of all components of
the category, provided all necessary or requested documentation, including
a signed instrument of dedication therefor and requests an inspection,
(3)
The developer is not
in default or in breach of any obligation to the City under this Section,
including, but not limited to, the City Engineer's demand for maintenance
or for deposit of additional sums required for the improvements, and
(4)
The inspection has been
completed and the results of the inspection have been approved by
the City Engineer. Releases of the maintenance deposit amounts shall
be as provided elsewhere in this Section for maintenance deposits.
d.
Effect Of Release — Continuing
Obligations. The developer shall continue to be responsible for defects,
deficiencies, damage to and maintenance of required improvements during
development of the site. No inspection, approval or partial release
of funds from the construction deposit as to any component or category
shall be deemed to be the City's final approval of an improvement
or otherwise release the developer of its obligation relating to the
completion of all the improvements until the final construction deposit
release is made on all improvements declaring that all improvements
have in fact been constructed as required. No such final inspection,
approval and construction deposit release, or any partial releases
with respect to any portion of the required improvements, shall constitute
dedication and acceptance of the improvement by the City as a public
improvement of the City for which the City shall bear any responsibility
or be deemed to have accepted for maintenance.
e.
Deficient Improvements. No approval
of required improvements shall be granted for improvements that fail
to meet the specifications established by City ordinance or otherwise
adopted by the City Engineer.
f.
Final Construction Deposit Release.
Upon final inspection and approval of all required improvements, the
remaining amount of the construction deposit shall be released; provided,
that no such funds shall be released on a final inspection until the
development of the site is complete, as determined by the City Engineer.
g.
Appeals. If the developer believes that a release or certificate of completion has been improperly denied, including, but not limited to, under Subsections (F)(5) or (F)(6) hereof, an appeal shall be filed pursuant to Article XI of this Chapter, and no such denial shall be deemed final until such appeal procedure has been exhausted.
h.
Inspections. The City Engineer shall
inspect each category of improvement within twenty (20) business days
after a request for such inspection has been filed with the City Engineer
by the developer, and no inspection shall be required until such request
is received by the City Engineer. For purposes of this Section, an
"inspection request" shall constitute and occur only on a completed
written request form that shall include:
(1)
The category of improvement
reflected in the deposit agreement that is requested to be inspected;
(2)
A certification from
a professional engineer registered in the State of Missouri that the
category of improvement has been installed and is being maintained
in conformance with the final approved site plan and all applicable
requirements thereto, and is therefore ready for inspection; and
(3)
A verified statement
from a representative officer of the developer attesting that the
information in the inspection request is true and accurate.
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Nothing herein shall preclude the
City Engineer from completing additional inspections at his or her
discretion or as a courtesy to the developer.
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6.
Maintenance Guarantee.
a.
Scope And Duration. Upon commencement
of installation of the required improvements within the subject site,
the developer shall be responsible for the maintenance of the improvements,
including undeveloped lots, streets, sidewalks, common areas, and
storm and drainage facilities, until the sooner of:
(1)
The expiration of twelve
(12) months after final release of the construction deposit by the
City, or
(2)
Expiration of twelve
(12) months after occupancy permits have been issued on ninety-five
percent (95%) of all of the lots in the subdivision plat(s) subject
to the deposit agreement, whichever is earlier.
Maintenance shall include repair
or replacement of all defects, deficiencies and damage to the improvements
that may exist or arise, abatement of nuisances caused by such improvements,
removal of mud and debris from construction, erosion control, grass
cutting, removal of construction materials (except materials to be
used for construction on the lot or as permitted by site plan), and
street deicing and snow removal. All repairs and replacement shall
comply with City specifications and standards. The maintenance obligation
for required improvements to existing public roads or other existing
public infrastructure already maintained by a public governmental
entity shall terminate on and after the date such improvements have
been inspected, and dedication and maintenance of the improvements
has been accepted by the Board of Aldermen. Irrespective of other
continuing obligations, the developer's street deicing and snow removal
obligations shall terminate on the date a street is accepted by the
City for public maintenance.
b.
Maintenance Deposit — Amount
— Use.
(1)
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection (F)(7) and other remedies of this Code, shall be subject to the immediate order of the City Engineer to defray or reimburse any cost to the City of maintenance or repair of improvements related to the site or subdivision which the developer fails or refuses to perform. Such costs shall include off-site damage caused by deficiencies in the improvements or failure of maintenance. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the City Engineer shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City. The City Engineer shall have the authority to require the maintenance deposit to be replaced or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.
(2)
In determining the amount
of maintenance deposit that shall continue to be held, portions of
the deposit amount that were attributable to improvements that have
been accepted by any third party governmental entity or utility legally
responsible for the maintenance of the improvement may be released
upon such acceptance of the improvement by that entity.
c.
Final Maintenance Deposit Release.
Upon expiration of the maintenance obligations established herein,
the City Engineer shall cause a final inspection to be made of the
required improvements. Funds shall then be released if there are no
defects or deficiencies found and all other obligations are shown
to be satisfied on inspection thereof, or at such time thereafter
as any defects or deficiencies are cured with the permission of, and
within the time allowed by, the City Engineer. This release shall
in no way be construed to indemnify or release any person from any
civil liability that may exist for defects or damages caused by any
construction, improvement or development for which any deposit has
been released.
7.
Failure To Complete Improvements. The obligation and rights of the developer to construct, complete, install and maintain the required improvements indicated on the approved site plan and provide for their maintenance shall not cease until the developer shall be finally released by the City Engineer, nor shall any deposit agreements or obligations hereunder be assignable or transferable by developer. Furthermore, in the event of a default, abandonment, or failure of the developer to complete the improvements, no other person, firm, entity shall acquire (whether by contract, judicial foreclosure or other means) any rights to the remaining deposited funds as a developer without entering into a separate deposit agreement with the City. If, after the initial improvement completion period or after a later period as extended pursuant to this Section, the improvements indicated on the approved site plan are not constructed, completed, installed, accepted and maintained as required, or if the developer shall violate any provision of the deposit agreement, the City Engineer may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision or for the site during any period in which the developer is in violation of the deposit agreement or Article VIII of this Chapter relating to the subdivision or site. If the developer fails to cure any default or present compelling reason why no default should be declared, the City Engineer shall declare the developer in default and may take any one (1) or more of the following acts:
a.
Deem the balance under the deposit
agreement not theretofore released as forfeited to the City, to be
then placed in an appropriate trust and agency account subject to
the order of the City Engineer for such purposes as letting contracts
to bring about the completion or maintenance of the improvements required
on the approved site plan or other appropriate purposes in the interest
of the public safety, health and welfare; or
b.
Require the developer, letter of
credit provider or surety to pay to the City the balance of the sum
not theretofore released; or
c.
Require the developer to submit an
additional sum sufficient to guarantee the completion or maintenance
of the improvements indicated on the approved site plan after recalculation
in order to allow for any inflated or increased costs of constructing
or maintaining the improvements.
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The failure of a developer to complete
the improvement obligations within the time provided by the deposit
agreement (or any extension granted by the City), including the payment
of funds to the City due to such failure or an expiration of a letter
of credit, shall be deemed an automatic act of default entitling the
City to all remedies provided in this Section without further or prior
notice. It shall be the sole responsibility of the developer to timely
request an extension of any deposit agreement if the improvements
are not completed in the original time period provided by the deposit
agreement, and no right to any extension shall exist or be assumed.
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8.
Other Remedies For Default. If the
developer, letter of credit provider or surety fails to comply with
the City Engineer's requirements for payment as described above or
fails to complete the improvements as required or otherwise violates
the deposit agreement provisions, and there is a risk that development
will continue in the subdivision or on the site without the timely
prior completion of required improvements or compliance with any deposit
agreement provisions, the City Engineer may, with the City Administrator's
approval, in addition or alternatively to other remedies:
a.
Suspend the right of anyone to build
or construct on the site or any undeveloped portion of a subdivision.
For the purpose of this Subsection the "undeveloped portion" of a
subdivision means all lots other than lots which have been sold for
personal use and occupancy or are under bona fide contract for sale
to any person for personal use or occupancy. The City Engineer shall
give the developer ten (10) days' written notice of an order under
this Subsection, with copies to all letter of credit providers or
sureties, as appropriate, who have outstanding obligations for any
undeveloped portion of the site or subdivision, and shall record an
affidavit of such notice with the Recorder of Deeds. If, within the
ten (10) day period after notice is given, the City Engineer is not
convinced by compelling evidence that completion of the improvements
is adequately assured and maintenance of streets assured as provided
herein, the City Engineer shall order construction suspended on the
site or the undeveloped portion of the subdivision. The order shall
be served upon the developer, with a copy to the issuer of the letter
of credit or surety as appropriate, and a copy recorded with the Recorder
of Deeds. Public notice of said order shall be conspicuously and prominently
posted by the City Engineer at the site or subdivisions or lots subject
to said order. The notice shall contain the following minimum language,
which may be supplemented at the discretion of the City Engineer.
(1)
If said notice is for
a site or subdivision:
THIS [SITE] SUBDIVISION, (name of
[site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST.
PETERS CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION
UNTIL SUCH TIME AS THE CITY OF ST. PETERS CITY ENGINEER REMOVES THIS
PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. PETERS CITY CODE.
(2)
If said notice is for
a lot:
THIS LOT, (lot number), HAS BEEN
DECLARED IN DEFAULT BY THE CITY OF ST. PETERS CITY ENGINEER. NO DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE
WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. PETERS
CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION,
BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN
EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS
OF THE ST. PETERS CITY CODE.
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The City shall not thereafter authorize
construction to take place contrary to the City Engineer's order.
The suspension shall be rescinded in whole or in part only when the
City Engineer is convinced that completion of the improvements is
adequately assured in all or an appropriate part of the site or subdivision
and a guarantee of maintenance provided; or
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b.
Suspend the rights of the developer,
or any related entity, to construct structures in any development
platted after the effective date of such suspension throughout City
of St. Peters. The City Engineer shall give the developer ten (10)
days' written notice of an order under this clause, with a copy to
letter of credit providers or sureties known to the City Engineer
who have obligations outstanding on behalf of the developer or related
entities and shall record an affidavit of such notice with the Recorder
of Deeds. If, within the ten (10) day period after notice is given,
the City Engineer is not convinced by compelling evidence that completion
and maintenance of the improvements is adequately assured as provided
herein, the City Engineer shall order construction suspended. The
order shall be served upon the developer, with a copy to the letter
of credit provider or surety as appropriate, and a copy recorded with
the Recorder of Deeds. The City shall not thereafter authorize construction
to take place contrary to the City Engineer's order. The suspension
shall be rescinded only when the City Engineer is convinced that completion
and maintenance of the improvements is adequately assured.
9.
Suspension Of Development Rights.
From and after the effective date of this Section, if a developer,
or any related entity, has a subdivision deposit agreement or guarantee
that is in default, as determined by the City Engineer, including
any escrow or bond under any prior version of this Section:
a.
The City Engineer shall be authorized, but not be limited to, thereafter pursue the remedies of Subsection (F)(8) of this Section; and
b.
The rights of the developer, or any
related entity, to receive site plan approval, which approval shall
include, but not be limited to, approval of any plat or deposit agreement
for new or further development in the City, shall be suspended. The
suspension shall be rescinded only when the City Engineer is convinced
that completion and maintenance of the improvements is adequately
assured.
10.
Additional Remedies. If any party fails to comply with any obligation of this Section, the City Engineer may, with the City Administrator's approval, recommend that the City's Attorney take appropriate legal action and may also withhold any building or occupancy permits to a developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by set-off of any funds or assets otherwise held by the City of the developer to the maximum extent permitted by law. Such set-off shall occur upon written notice of such event by the City Engineer to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter that the developer shall pay the City's costs, including reasonable attorney's fees, of enforcing such agreement in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under Article XI of this Chapter.
[Ord. No. 7231, 11-14-2019]
a.
If a surety fails to perform on any
bond or any other party fails to comply with any provision of this
Section, the City Engineer may take such other and additional legal
action as he or she deems appropriate.
b.
No surety shall be eligible to provide
a bond required herein, nor shall any financial institution be eligible
to provide a letter of credit, unless approved in advance by the City
Engineer on such terms and criteria as may be established by the City
Administrator.
c.
Escrow.
(1)
Escrow agreements and surety bonds approved and provided prior to February 1, 2012, shall continue to be governed in accordance with their terms and the provisions of the St. Peters City Code in effect at the time of their approval; provided however, anything to the contrary contained therein or herein, the same shall be subject to the remedies provided in this Section 405.460(F) in the event of a default as hereinabove described or as set forth in such escrow agreement or surety bond.
(2)
Escrow agreements and
surety bonds approved and provided prior to February 1, 2012, for
which the required period of completion of improvements has not yet
lapsed may be submitted to the City Engineer for extension or replacement
only in accordance with the terms of this Section, as amended.
(3)
Notwithstanding any
other provisions of the St. Peters City Code to the contrary with
respect to an escrow agreement or surety bond delivered to the City
prior to February 1, 2012, the City Engineer may approve a replacement
escrow agreement or surety bond only in accordance with the terms
of this Section, as amended.
11.
Related Entities. For purposes of
this Section, "related entity" has the following meaning: a developer
is a "related entity" of another person:
a.
If either has a controlling interest
in the other, or
b.
If any person, firm, corporation,
association, partnership, or other entity with a controlling interest
in one has controlling interest in the other.
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The identification of related entities
may be supported by documentation from the Missouri Secretary of State's
Office, Jefferson City, Missouri.
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[R.O. 2007 § 405.480; Ord. No. 1523 § 6.2200, 5-11-1989; Ord.
No. 7717, 10-27-2022]
Before a street name can be assigned
as part of the site plan or established on a record plat, the City
must have received written approval from St. Charles County.
[R.O. 2007 § 405.490; Ord. No. 1523 §§ 6.2300
— 6.2304, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 5742 § 16, 4-30-2012]
A.
In order to petition for the change of
a street name, the procedures set forth in this Section shall be followed.
1.
A street name change may be initiated
by any owner of property that is located and has an address on the
street subject to the proposed name change.
2.
The petitioner shall submit the proposed
street name change(s) to the City of St. Peters Planning Department.
The Planning Department will coordinate with St. Charles County and
the applicable fire protection district regarding the street name.
[Ord. No. 7839, 7-27-2023]
3.
After approval of the new street
name by St. Charles County and the applicable fire protection district,
an owner of property located and with an address on the street subject
to the proposed name change shall submit a petition proposing a change
of a name for a street to the Administrative Officer for consideration.
The petition shall be submitted on a form provided by the City and
shall include signatures of at least seventy-five percent (75%) of
the owners of properties located on the applicable street unless initiated
by the City. The applicable fee shall be paid (see Appendix A to this
Title IV) at the time the petition is submitted to the City.
4.
After verification of the sufficiency
of the petition by the Administrative Officer, the Administrative
Officer may place said petitioned change(s) on the Planning Commission
agenda.
5.
A property owner included on the petition and representing the
petition must appear before the Planning and Zoning Commission; the
Commission shall take final action on the proposed street name.
6.
Upon the Planning Commission’s approval, the City Clerk
will provide the County Recorder's and Assessor's office with copies
of the affidavit approving said street name change(s). The Planning
Department will inform the appropriate fire protection district and
post office of the name change and coordinate the necessary corrections
to the official maps of the City of St. Peters.
[R.O. 2007 § 405.500; Ord. No. 1523 §§ 6.2400
— 6.2404, 5-11-1989; Ord. No. 6249 § 18, 10-23-2014]
A.
To vacate a street right-of-way, person(s)
must follow the procedures outlined below:
1.
Persons requesting to vacate a street
right-of-way must make a formal written request to the City. Such
request(s) must be considered by both the Planning and Zoning Commission
and the Board of Aldermen. In addition, the request must be accompanied
by the following:
2.
All street vacation requests must
be reviewed by the Planning and Zoning Commission. Although no formal
public hearing is required, an advertisement will be published in
a newspaper of general circulation notifying the public of the proposed
vacation for one (1) week prior to the regular meeting. The fee for
the advertisement shall be paid by the person(s) requesting said street
vacation.
3.
Upon recommendation by the Commission,
the Board of Aldermen may act on said vacation request(s). If the
Board approves of the vacation, an appropriate ordinance will be prepared.
4.
Following approval of the aforementioned
ordinance, the City Clerk will provide the St. Charles County Recorder's
and Assessor's office with the appropriate document.
[Ord. No. 6598 § 6, 8-25-2016]
A.
Certain Hunting Permitted.
1.
Upon first obtaining a special use
permit to hunt on certain property within the City, the following
hunting activities may be permitted:
a.
Hunting With Projectile Weapons.
Hunting of wildlife with a projectile weapon on property consisting
of at least five (5) contiguous acres.
b.
Hunting With Shotguns. Hunting of
wildlife on property consisting of at least forty (40) contiguous
acres with shotguns loaded with a self-contained cartridge containing
multiple, spherical projectiles commonly referred to as "shot."
B.
Specific Action Prohibited/Required.
1.
All hunters must complete a hunter
safety course prior to hunting in the City.
2.
The holder of a special use permit
to hunt wildlife must annually provide the City with a certificate
of insurance providing evidence of a policy of general liability insurance
in an amount of not less than one million dollars ($1,000,000.00)
per occurrence, and two million dollars ($2,000,000.00) in the aggregate.
3.
All hunters must carry a valid Missouri
hunting permit and any necessary tags on their person at all times,
and must otherwise comply with the State of Missouri Wildlife Code,
Federal hunting regulations, and City ordinances.
4.
It shall be unlawful for any person
to discharge any firearm or projectile weapon from, towards or across
any public roadway or sidewalk.
5.
It shall be unlawful for any person
to discharge a firearm or projectile weapon within two hundred fifty
(250) yards of any church, school, or playground.
6.
It shall be unlawful for any person
to discharge any firearm or projectile weapon at or in the direction
of another person, any vehicle, dwelling unit, church, school, playground
or building that is within the range of discharge plus two hundred
fifty (250) feet.
7.
It shall be unlawful for any person
to discharge a firearm or projectile weapon within two hundred fifty
(250) feet of any vehicle, dwelling unit, or building, unless the
hunter is the owner of such vehicle, dwelling unit, or building, or
unless the hunter has previously received express authority from such
owner to discharge the shotgun, firearm or projectile weapon within
two hundred fifty (250) feet of such vehicle, dwelling unit, or building.
8.
It shall be unlawful for any person
to knowingly discharge a firearm or projectile weapon while on the
property of another without first having obtained permission from
the owner, lessee, or person in lawful possession of such property.
C.
Violations. Any person determined to be
in violation of any of the provisions of this Section shall, upon
conviction, be subject to a fine of up to five hundred dollars ($500.00)
and up to ninety (90) days in the St. Charles County Jail, or to both
such fine and imprisonment. Each incident or day of such violation
shall constitute a separate offense.
[1]
Editor’s Note: Former Section 405.500,
Structures Required, Spacing Requirement, Lot Widths – Service
Stations – Restroom Facilities, adopted and amended R.O. 2007
§ 405.505; Ord. No. 1523 § 6.2500, 5-11-1989;
Ord. No. 3622 § 1, 3-14-2002; Ord. No. 3781 § 1,
2-20-2003, was repealed 10-23-2014 by § 19 of Ord. No. 6249.
[R.O. 2007 § 405.510; Ord. No. 1523 §§ 6.2600
— 6.2603, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord.
No. 3318 § 1, 10-12-2000; Ord. No. 4723 § 1, 1-26-2007; Ord.
No. 6249 § 20, 10-23-2014; Ord. No. 7192, 8-22-2019]
A.
General. A part of any building or structure
shall not extend into side courts, inner courts or yards required
for light and ventilation of habitable and occupiable rooms or by
the zoning law or other Statutes controlling building construction,
except as hereinafter provided.
B.
Steps, Architectural Features And Roof
Eaves. Steps, window sills, belt courses, and similar architectural
features and rain leaders, chimneys, and roof eaves shall project
not more than two (2) feet beyond any building line.
C.
Exterior Stairways And Fire Escapes. Outside
stairways, smoke proof tower balconies, fire escapes, window wells
or other required elements of a means of egress shall not project
more than four (4) feet beyond the face of the wall.
D.
Holiday Decorations And Structures. Holiday
decorations and related structures, including fences, walls, tents,
and similar enclosures, shall be allowed in the front, side and rear
yards in any zoning district. Such decorations and related structures
shall not be permitted in the public right-of-way. Structures shall
not be installed more than forty-five (45) days prior to the applicable
holiday and shall be removed within fourteen (14) days of same holiday.
[R.O. 2007 § 405.515; Ord. No. 1523 § 6.2700, 5-11-1989; Ord.
No. 1988 § 1, 3-25-1993; Ord. No. 3795 § 1, 3-13-2003]
Any exposed foundation wall on any
new structure as defined in this Chapter shall be treated with an
appropriate substance to complement the appearance of the structure.
The following examples would be permitted as treatment of exposed
foundations: continuance of siding treatment down to within one (1)
foot of grade, or a brick masonry unit, or stone, of a complementary
or matching color.
[R.O. 2007 § 405.520; Ord. No. 1523 § 6.2800, 5-11-1989; Ord.
No. 2120 § 1, 3-10-1994]
A.
MINOR REPAIRS
SUBSTANTIAL REPAIRS
Definitions. As used in this Section, the
following terms shall have these prescribed meanings:
Repairs such as changing oil; spark plugs, tires or air/oil
filters; adjusting brakes; replacing carburetors; repairing or switching
tires; replacing the alternator; and repairs of a similar nature.
All repairs other than minor parts.
B.
No person shall make substantial repairs
to any vehicle or dismantle any vehicle upon a public street or upon
private property in any residentially or commercially zoned district
unless said repairs or dismantling is conducted in an enclosed area,
the interior of which cannot be viewed from any surrounding residential
property.
C.
Any repairs or dismantling as authorized in Subsection (B) shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.
D.
Nothing herein shall prohibit minor repairs
be performed on a vehicle owned by a member of the household. Such
minor repairs can be conducted in an enclosed area or if performed
outside must be completed within a six (6) hour period.
E.
The repair of vehicle under this Section
shall not create a nuisance by excessive noise, early or late work
or debris accumulation.
[R.O. 2007 § 405.525; Ord. No. 1523 § 6.2900, 5-11-1989; Ord.
No. 2516 § 1, 8-8-1996; Ord. No. 4723 § 1, 1-26-2007; Ord.
No. 5638 § 1, 8-25-2011; Ord. No. 5742 § 17, 4-30-2012; Ord.
No. 6184 § 3, 7-24-2014; Ord. No. 6195 § 7, 8-14-2014]
A.
APPLICANT
APPLICATION
BUILDING PERMIT
Definitions. For purposes of Sections 405.525 through 405.528 only, the following terms shall have the meanings hereinafter subscribed to such terms:
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for an eligible facilities request.
A permit issued by the Administrative Officer prior to commencement of work on the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies Chapter 505 of the Municipal Code of the City of St. Peters.
B.
Wireless support structures shall not exceed one hundred (100) feet unless otherwise set forth in the special use permit in accordance with the provisions of Section 405.526(D).
C.
No wireless support structure shall be
located within one thousand (1,000) feet of another wireless support
structure. The distance shall be calculated from the center of the
base of the wireless support structure.
D.
All wireless support structures shall be
constructed to allow for collocation of wireless communications services
as detailed in the applicable special use permit.
[Ord. No. 6865, 11-9-2017]
E.
No more than one (1) wireless support structure
shall be constructed on any single lot.
F.
Wireless support structures shall be set back at least fifty (50) feet from any public right-of-way unless otherwise set forth in the special use permit in accordance with the provisions of Section 405.526(D).
G.
The design of a wireless support structure,
equipment compound, or base station shall maximize the use of building
materials, colors, textures, screening, and landscaping that effectively
blend the wireless support structure, equipment compound, or base
station within the surrounding structures and the natural setting.
Antennas on structures, including signage, shall be painted or designed
to match the structure to which they are attached.
H.
Landscaping and/or sight-proof fencing
shall be installed around the base of all wireless support structures,
equipment compounds, and base stations as approved by the Administrative
Officer on a site plan. Landscaping shall be installed to effectively
screen equipment compounds and base stations from adjacent residences
and roadways.
I.
The construction, maintenance and operation
of wireless support structures, wireless facilities, base stations
and equipment compound shall comply with all federal, State and City
regulations. In addition, the Board of Aldermen may impose reasonable
restrictions and conditions to the issuance of any such special use
permit.
J.
Any wireless support structure, wireless
facilities, base station or equipment compound that is no longer in
use for any wireless communications service shall be removed at the
property owner's expense. The property owner shall provide the City
with a copy of the notice to the Federal Communications Commission
of intent to cease operations and shall be given ninety (90) days
from the date of ceasing operations to remove such wireless support
structure, wireless facilities, base station or equipment compound.
[Ord. No.
6184 § 4, 7-24-2014; Ord. No. 6195 § 8, 8-14-2014]
A.
Notwithstanding the provisions of Section 405.780 to the contrary, an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be subject to the provisions of this Section.
B.
Filing Of Application And Fees.
1.
An application for a special use
permit to construct a new wireless support structure, or for a substantial
modification of a wireless support structure, shall be made on an
application form provided by the Administrative Officer. Each application
shall be filed with the Administrative Officer and shall be accompanied
by the data prescribed on the form and any additional information
deemed necessary by the Administrative Officer. The application shall
be accompanied by the fee set forth in the Schedule of Permits, Inspections
and Plan Review Fees, as set forth in Appendix A to Title IV, payable
to the City to cover the costs of advertising, notification, and other
administrative expenses associated with the application. No part of
such fee shall be returnable to the applicant.
2.
An application for a special use
permit to construct a new wireless support structure, or for a substantial
modification of a wireless support structure, shall be submitted to
the Administrative Officer and shall contain or be submitted concurrently
with the following information:
a.
A legal description of the real property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be
affected;
c.
A scaled map of such property, correlated
with the legal description and clearly showing the real property's
location;
d.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization
or other agreement from the property owner evidencing the applicant's
right to pursue the application;
f.
Date of filing with the Administrative
Officer;
g.
The present zoning for the real property;
h.
The existing use(s) and the proposed
use(s) of such real property;
i.
The notarized signature(s) of the
applicant(s), fee owner(s) and agents of the fee owner(s), if any,
certifying the accuracy of the required information. If the applicant(s)
or fee owner(s) of the real property are a trust or business entity,
then proof of the authority of the party executing the application
must be provided by way of resolution, minutes, trust agreement, operating
agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan;
l.
Photographs or other pictorial representations
of the new wireless support structure, or the substantial modification
of a wireless support structure, as viewed from neighboring properties
to demonstrate if the wireless support structure is harmonious with
the appearance and character of the neighborhood;
m.
Documentation evaluating how the
wireless support structure will be landscaped or how views of the
wireless support structure will be screened;
n.
The type of wireless facilities,
infrastructure or technology to be used by the applicant; and
o.
Solely with respect to an application
for a new wireless support structure, a statement by the applicant
that it conducted an analysis of available collocation opportunities
on existing wireless support structures within the same search ring
defined by the applicant, solely for the purpose of confirming that
an applicant undertook such an analysis.
C.
Procedure.
1.
Hearing And Consideration By The
Planning And Zoning Commission. Within sixty (60) calendar days of
receiving an application for a special use permit to construct a new
wireless support structure, or for a substantial modification of a
wireless support structure, or within such additional time as may
be mutually agreed to by an applicant and the Administrative Officer,
the Planning and Zoning Commission shall:
a.
Conduct a hearing and review the application in light of its conformity with this Section 405.526:
(1)
An application is deemed
to be complete unless the Administrative Officer notifies the applicant
in writing, within thirty (30) calendar days of submission of the
application, of the specific deficiencies in the application which,
if cured, would make the application complete.
(2)
Upon receipt of a timely
written notice that an application is deficient, an applicant may
take thirty (30) calendar days from receiving such notice to cure
the specific deficiencies. If the applicant cures the deficiencies
within said period of thirty (30) calendar days, the application shall
be reviewed and processed by both the Planning and Zoning Commission
and the Board of Aldermen within one hundred twenty (120) calendar
days from the initial date the application was received. If the applicant
requires a period of time beyond thirty (30) calendar days to cure
the specific deficiencies, the one-hundred-twenty-calendar-day deadline
for the City to review the application, make the final decision, and
advise the applicant in writing of its final decision, shall be extended
by the same period of time.
b.
Determine whether or not the standards described in Sections 405.525 and 405.526 have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met. Thereafter, the Planning and Zoning Commission shall either:
(1)
Postpone consideration
of the application because the application is incomplete;
(2)
Recommend approval of
the application to the Board of Aldermen;
(3)
Recommend approval of
the application with conditions to the Board of Aldermen; or
(4)
Recommended denial of
the application to the Board of Aldermen.
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If the Planning and Zoning Commission
fails to act on an application for a special use permit to construct
a new wireless support structure, or for a substantial modification
of a wireless support structure, within its sixty-calendar-day review
period, or within such additional time as may be mutually agreed to
by an applicant and the Administrative Officer, the Planning and Zoning
Commission shall be deemed to have recommended approval of the application
to the Board of Aldermen.
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2.
Notice Of Hearings. The Administrative
Officer shall send, via regular mail, to the applicant(s), all the
fee owners of the real property to be affected and their agents, if
any, notice of each hearing to be conducted by the Planning and Zoning
Commission and the Board of Aldermen. Such notice shall be mailed
at least ten (10) days prior to the date of the hearing and contain
the name of the applicant, the application number and the time and
place of the hearing.
3.
Hearing And Consideration By The
Board Of Aldermen. Upon receipt of a recommendation from the Planning
and Zoning Commission, and after providing notice pursuant to this
Section, within one hundred twenty (120) calendar days of the Planning
and Zoning Commission's receipt of an application for a special use
permit to construct a new wireless support structure, or for a substantial
modification of a wireless support structure, or within such additional
time as may be mutually agreed to by an applicant and the Administrative
Officer, the Board of Aldermen shall conduct a hearing, on the record,
on the application and it shall:
4.
The special use permit under consideration
by the Board of Aldermen shall be in the form of an ordinance. Such
ordinance shall include findings of fact as well as such terms, conditions,
safeguards and restrictions upon the special use as deemed necessary
by the Board of Aldermen.
5.
If the Board of Aldermen fails to
act on an application for a special use permit to construct a new
wireless support structure, or for a substantial modification of a
wireless support structure, within the one-hundred-twenty-calendar-day
review period, or within such additional time as may be mutually agreed
to by an applicant and the Administrative Officer, the application
shall be deemed approved.
D.
Standards. When deciding whether to approve
or deny a special use permit for a wireless support structure or substantial
modification of a wireless support structure, the Planning and Zoning
Commission and the Board of Aldermen shall consider the following:
1.
Whether the proposed special use
complies with all applicable provisions of the Municipal Code of the
City of St. Peters, including intensity of use regulations, setback
regulations and use limitations;
2.
Whether the proposed special use
will contribute to and promote the general, welfare, health, safety
and convenience of the public;
4.
Whether denial of the special use
permit will prohibit or have the effect of prohibiting the provision
of personal wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II);
5.
Whether the proposed use will adversely
affect the immediate neighborhood so as to prevent development and
use of neighboring property in accordance with the applicable zoning
district regulations. In determining whether the special use will
adversely affect the immediate neighborhood, consideration shall be
given to:
a.
The location, nature and height of
buildings, structures, walls and fences on the real property;
b.
The nature and extent of proposed
landscaping and screening on the real property; and
c.
The nature of the zoning district
and the uses permitted in such district.
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Photographs or other pictorial representations
of the wireless support structure or wireless facility, as viewed
from neighboring properties, shall be considered when determining
if the wireless support structure, or substantial modification to
a wireless support structure, will adversely effect the immediate
neighborhood; and
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6.
Any other relevant impact of the
proposed use.
[Ord. No.
6184 § 5, 7-24-2014; Ord. No. 6195 § 9, 8-14-2014]
A.
Intent And Purpose. Any person making an
eligible facilities request for a modification of an existing wireless
support structure or base station that is not a substantial modification
of such wireless support structure or base station must apply to the
Administrative Officer for a wireless facilities permit. An application
for a wireless facilities permit shall be made on an application form
provided by the Administrative Officer. The Administrative Officer
may not deny, and shall approve, such wireless facilities permits.
B.
Procedure. All applications for a wireless facilities permit shall comply with the procedures set forth in this Subsection (B).
1.
An applicant for a wireless facilities
permit shall submit the application and all attachments to the Administrative
Officer on an application form provided by the Administrative Officer.
The application shall be accompanied by the fee set forth in the Schedule
of Permits, Inspections and Plan Review Fees, as set forth in Appendix
A to Title IV, payable to the City to cover the costs of advertising,
notification, and other administrative expenses associated with the
application. No part of such fee shall be returnable to the applicant.
2.
Each application shall include the
following:
a.
A legal description of the real property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be
affected;
c.
A scaled map of such property, correlated
with the legal description and clearly showing the real property's
location;
d.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization
or other agreement from the property owner evidencing the applicant's
right to pursue the application;
f.
Date of filing with the Administrative
Officer;
g.
The present zoning for the real property;
h.
The existing use(s) of such real
property;
i.
The notarized signature(s) of the
applicant(s), fee owner(s) and agents of the fee owner(s), if any,
certifying the accuracy of the required information. If the applicant(s)
or fee owner(s) of the real property are a trust or business entity,
then proof of the authority of the party executing the application
must be provided by way of resolution, minutes, trust agreement, operating
agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan; and
l.
The type of wireless facilities or
technology to be used by the applicant.
3.
Applications for a wireless facilities permit are not subject to the City's zoning or land use requirements, including design or placement requirements, or public hearing review, except as provided in Subsection (B)(7).
4.
Except as provided in Subsection (B)(7), within forty-five (45) calendar days of receiving an application for a wireless facilities permit, the Administrative Officer shall:
a.
Review the application in light of its conformity with building permit requirements in Title V of the Municipal Code of the City of St. Peters, Chapter 510 of the Municipal Code of the City of St. Peters, recognized industry standards for structural safety, capacity, reliability, and engineering, and consistency with Sections 67.5090 to 67.5103, RSMo.
(1)
An application is deemed
to be complete unless the Administrative Officer notifies the applicant
in writing, within fifteen (15) calendar days of submission of the
application, of the specific deficiencies in the application which,
if cured, would make the application complete.
(2)
Upon receipt of a timely
written notice that an application is deficient, an applicant may
take fifteen (15) calendar days from receiving such notice to cure
the specific deficiencies. If the applicant cures the deficiencies
within said period of fifteen (15) calendar days, the application
shall be reviewed and processed within forty-five (45) calendar days
from the initial date the application was received. If the applicant
requires a period of time beyond fifteen (15) calendar days to cure
the specific deficiencies, the forty-five-calendar-day deadline for
the City to review the application shall be extended by the same period
of time.
(3)
The Administrative Officer may impose conditions on the wireless facilities permit to insure that the application conforms to building permit requirements in Title V of the Municipal Code of the City of St. Peters, Chapter 510 of the Municipal Code of the City of St. Peters, recognized industry standards for structural safety, capacity, reliability, and engineering, and is consistent with Sections 67.5090 to 67.5103, RSMo.
b.
Make its final decision to approve
or disapprove the application; and
c.
Advise the applicant in writing of
its final decision.
6.
A party aggrieved by the final action of the Administrative Officer, either by the Administrative Officer affirmatively denying an application under the provisions of this Section 405.527 or by the Administrative Officer's inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.
7.
For any collocation to any certified historic structure as defined in Section 253.545, RSMo., as amended from time to time, the Administrative Officer shall have seventy-five (75) calendar days from the date of receipt of such an application to review the application in accordance with Subsection (B)(3), (4) and (5), except that the Administrative Officer shall hold a public hearing on the application.
a.
The Administrative Officer shall
send, via regular mail, to the applicant(s), all the fee owners of
the real property to be affected and their agents, if any, notice
of such hearing. Such notice shall be mailed at least ten (10) days
prior to the date of the hearing and contain the name of the applicant,
the application number and the time and place of the hearing.
[Ord. No.
6184 § 6, 7-24-2014; Ord. No. 6195 § 10, 8-14-2014]
A.
A Request For A Variance.
1.
Notwithstanding the provisions of Article XI of Chapter 405 to the contrary, when an applicant requests some variation in the requirements of Chapter 405 of the Municipal Code of the City of St. Peters in order to construct a new wireless support structure or for a substantial modification of a wireless support structure, and where the strict application of Chapter 405 would involve undue hardship, the applicant may request a variance pursuant to this Section 405.528.
2.
In reviewing a requested variance under this Section 405.528, the Board of Adjustment may consider, but is not limited to, the following questions:
a.
If the petitioner complied with the
provisions of this Zoning Code (does not obtain the variance he/she
is requesting), will he/she not be able to get a reasonable return
from, or make reasonable use of the property?
b.
Does the hardship result from the
strict application of these regulations?
c.
Is the hardship suffered by the property
in question?
d.
Is the hardship the result of the
applicant's own action?
e.
Is the requested variance in harmony
with the general purpose and intent of the zoning regulations and
does it preserve the spirit?
f.
If the variance is granted, will
the public safety and welfare have been assured and will substantial
justice have been done?
g.
If denial of the variance will prohibit
or have the effect of prohibiting the provision of personal wireless
services under 47 U.S.C. § 332(C)(7)(B)(i)(II)?
B.
New Wireless Support Structure Or Substantial Modification Of A Wireless Support Structure. An application for some variation in the requirements of Chapter 405 of the Municipal Code of the City of St. Peters to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Administrative Officer. Each application shall be filed with the Administrative Officer and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Board of Adjustment. The application shall be accompanied by the fee set forth in the Schedule of Permits, Inspections and Plan Review Fees, as set forth in Appendix A to Title IV, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
1.
An application for a variance to
construct a new wireless support structure, or for a substantial modification
of a wireless support structure, shall be submitted to the Administrative
Officer and shall contain or be submitted concurrently with the following
information:
a.
A legal description of the real property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be
affected;
c.
A scaled map of such property, correlated
with the legal description and clearly showing the real property's
location;
d.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization
or other agreement from the property owner evidencing the applicant's
right to pursue the application;
f.
Date of filing with the Administrative
Officer;
g.
The present zoning for the real property;
h.
The existing use(s) and the proposed
use(s) of such real property;
i.
The notarized signature(s) of the
applicant(s), fee owner(s) and agents of the fee owner(s), if any,
certifying the accuracy of the required information. If the applicant(s)
or fee owner(s) of the real property are a trust or business entity,
then proof of the authority of the party executing the application
must be provided by way of resolution, minutes, trust agreement, operating
agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan;
l.
Photographs or other pictorial representations
of the new wireless support structure, or the substantial modification
of a wireless support structure, as viewed from neighboring properties
to demonstrate if the wireless support structure is harmonious with
the appearance and character of the neighborhood;
m.
Documentation evaluating how the
wireless support structure will be landscaped or how views of the
wireless support structure will be screened;
n.
The type of wireless facilities,
infrastructure or technology to be used by the applicant; and
o.
Solely with respect to an application
for a new wireless support structure, a statement by the applicant
that it conducted an analysis of available collocation opportunities
on existing wireless support structures within the same search ring
defined by the applicant, solely for the purpose of confirming that
an applicant undertook such an analysis.
C.
Procedure.
1.
Within one hundred twenty (120) calendar
days of receiving an application for a variance to construct a new
wireless support structure, or for a substantial modification of a
wireless support structure, or within such additional time as may
be mutually agreed to by an applicant and the Board of Adjustment,
the Board of Adjustment shall:
a.
Review the application in light of its conformity with this Section 405.528:
(1)
An application is deemed
to be complete unless the Administrative Officer notifies the applicant
in writing, within thirty (30) calendar days of submission of the
application, of the specific deficiencies in the application which,
if cured, would make the application complete.
(2)
Upon receipt of a timely
written notice that an application is deficient, an applicant may
take thirty (30) calendar days from receiving such notice to cure
the specific deficiencies. If the applicant cures the deficiencies
within said period of thirty (30) calendar days, the application shall
be reviewed and processed by the Board of Adjustment within one hundred
twenty (120) calendar days from the initial date the application was
received. If the applicant requires a period of time beyond thirty
(30) calendar days to cure the specific deficiencies, the one-hundred-twenty-calendar-day
deadline for the Board of Adjustment to review the application, make
the final decision, and advise the applicant in writing of its final
decision, shall be extended by the same period of time.
b.
Make its final decision to approve
or disapprove the application;
c.
Make findings of fact as to whether or not the standards described this Section 405.528 have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Board of Adjustment shall either:
d.
And; advise the applicant in writing
of its final decision.
2.
If the Board of Adjustment fails
to act on an application for a variance to construct a new wireless
support structure, or for a substantial modification of a wireless
support structure, within the one-hundred-twenty-calendar-day review
period, or within such additional time as may be mutually agreed to
by an applicant and the Board of Adjustment, the variance shall be
deemed approved.
3.
The Administrative Officer shall
cause notice of a hearing before the Board of Adjustment to be published
in a newspaper of general circulation in the City at least one (1)
week prior to the hearing. The Administrative Officer shall post notice
on the property involved for a period of one (1) week prior to the
hearing and shall send three (3) notices of the public hearing by
regular mail to the property owners within two hundred (200) feet
of the property involved in the variance.
[R.O. 2007 § 405.530; Ord. No. 1523 § 6.3000, 5-11-1989; Ord.
No. 2770 § 1, 11-13-1997; Ord. No. 5563 § 10, 3-24-2011]
A.
Adult-oriented businesses, including businesses
limited to twenty-five percent (25%) of the general sales area, shall
be limited to the following:
1.
Such businesses shall not be located
within one thousand (1,000) feet of a residential use, churches, schools,
day care facility, public library, public park or another adult-oriented
business. Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the closest portion of
the parcel containing the adult-oriented business to the closest portion
of the parcel containing the pre-existing primary or secondary school,
house of worship, State-licensed day care facility, public library,
public park, residence, or other adult-oriented business.
2.
Such business shall be subject to
occasional inspections to ensure compliance with ordinance standards.
[R.O. 2007 § 405.535; Ord. No. 1523 § 6.3100, 5-11-1989; Ord.
No. 2770 § 1, 11-13-1997; Ord. No. 3775 § 1, 1-27-2003]
A.
Site plan and building design shall incorporate
standard CPTED design principles to improve the overall safety of
the built environment and discourage potential criminal activity.
Such design elements shall be balanced with other site/building plan
design factors such as aesthetics and conflict with standard Engineering/Building
Codes.
B.
Design features shall include, but not
be limited to, creating natural surveillance, controlling access,
and territorial reinforcements. Such goals shall be accomplished through
property building/structure location and orientations, parking lot
placement, general lighting, landscaping, fencing, security cameras
and other applicable site design features.
[Ord. No.
5756 § 15, 5-24-2012]
A.
Purpose. The purpose of this Section is
to balance the need for clean, renewable energy resources and the
necessity to protect the public health, safety and welfare of the
community. The City of St. Peters finds these regulations are necessary
to ensure that renewable energy systems are appropriately designed,
sited, and installed.
B.
Solar Panel General Requirements. The provisions
of this Section shall apply to the construction and/or installation
of all roof and ground mounted solar panels:
1.
All accessory solar panel installations
shall provide documentation to the Planning Department verifying compliance
with the renewable energy requirements.
2.
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways per Section 405.550(C)(3) of the City Code.
3.
All power transmission lines from
a structure or ground mounted solar energy system to any building,
structure, or utility pole/line shall be located underground.
4.
A solar energy system shall not be
used to display advertising, including signage, streamers, pennants,
reflectors, balloons, flags, banners or similar materials. The manufacturer's
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system provided that
the signage is not for advertising purposes.
5.
If a renewable energy system has
been abandoned (meaning not having been in operation for a period
of ninety (90) days) or is defective or is deemed to be unsafe by
the Building Code Official), the renewable energy system shall be
required to be repaired by the owner to meet Federal, State and local
safety standards, or be removed by the property owner within ninety
(90) days. If the owner fails to remove or repair the defective or
abandoned solar energy system, the City may pursue a legal action
to have the system removed at the owner's expense.
C.
Solar Panel Accessory Use.
1.
Roof-mounted solar panels are permitted
in all zoning districts as an accessory use to the principal use of
the property.
a.
Solar panels shall be permitted on
any pitched roof if the panels are mounted flush or parallel to the
roof plane. Parallel mounting shall be placed no more than eight (8)
inches higher than the roof surface.
b.
No part of the solar panel shall
extend beyond the edge of the roof, unless approved by the Planning
Department as an architectural feature such as, but not limited to,
an awning feature that is integrated and compatible with the design
of the building.
c.
A solar panel shall be permitted
to project away from a flat roof if the solar panels are screened
on all four (4) sides from all adjacent streets or properties with
a material that matches or complements the architecture of the building.
d.
Building-integrated solar panels
may be incorporated into any structure subject to the architectural
review criteria of the City Code.
2.
Ground-mounted solar panels are permitted
in all zoning districts as an accessory use to the principal use of
the property.
a.
Ground-mounted solar panels and associated
mechanical or electrical equipment shall comply with all building
setback and lot coverage requirements for the zoning district in which
the property is located.
b.
Ground-mounted solar panels may not
exceed three (3) feet in height.
c.
The area underneath the ground-mounted
solar panels shall be well maintained with the installation of mulch,
landscaping rocks, or other attractive materials.
d.
If a ground-mounted solar energy
system is removed, any earth disturbance as a result of the removal
of the ground-mounted solar energy system shall be graded and reseeded.
D.
Wind Turbine Systems — General Requirements.
The provisions of this Section shall apply to the construction and/or
installation of all wind turbine systems:
1.
Wind turbines shall comply with all
building setback and lot coverage requirements for the zoning district
in which the property is located. Setback and height limitations shall
be as set forth in the required special use permit.
2.
Building-mounted wind turbines are
not permitted.
3.
Wind turbine towers shall be a monopole
design unless otherwise approved by the Planning and Zoning Commission.
4.
All power transmission lines from
a wind turbine system to any building, structure, or utility pole/line
shall be located underground.
5.
All wind turbines shall be constructed,
operated, and maintained according to best management practices including,
but not limited to, an internal governor or braking device which engages
at a manufacturer-specified wind speed intended to ensure the safe
operation of the system in all wind conditions.
6.
Wind turbines shall not be illuminated
by artificial means, except where the illumination is specifically
required by the Federal Aviation Administration or other Federal,
State, or local regulations.
7.
Wind turbines shall be painted a
non-reflective, non-obtrusive color such as the manufacturer's default
color option or a color that conforms to the environment and architecture
of the area in which it is located.
8.
Noise emitted from a wind turbine
shall not exceed the noise standards as established by City Code except
wind turbines adjacent to property used or zoned residential shall
not exceed thirty-five (35) dBA at the property line.
9.
Wind turbines shall be sited in a
manner that does not result in significant shadow flicker impacts.
"Significant shadow flicker" shall be defined as more than thirty
(30) hours per year on abutting occupied building.
10.
Wind turbines shall not interfere
with off-site electronic devices such as, but not limited to, radio,
television, and communication devices.
11.
A wind turbine shall not be used
to display advertising, including signage, streamers, pennants, reflectors,
balloons, flags, banners or similar materials. The manufacturer's
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system provided that
the signage is not for advertising purposes.
12.
The minimum distance between the
ground and any part of the rotor blade system shall be a minimum of
fifteen (15) feet, unless otherwise approved by the Planning Department.
13.
Wind turbines shall be designed and
installed so as to not provide step bolts or a ladder readily accessible
to the public for a minimum height of eight (8) feet above the surrounding
grade or such step bolts or ladder is protected from access by a locked
panel.
14.
If a renewable energy system has
been abandoned (meaning not having been in operation for a period
of ninety (90) days) or is defective or is deemed to be unsafe by
the Building Code Official, the renewable energy system shall be required
to be repaired by the owner to meet Federal, State and local safety
standards, or be removed by the property owner within ninety (90)
days. If the owner fails to remove or repair the defective or abandoned
solar energy system, the City may pursue a legal action to have the
system removed at the owner's expense.
