[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Appointment And Purpose. A Zoning Administrator shall be
appointed by the Mayor with the consent of a majority of the Board
of Aldermen to administer and enforce the Green Park Zoning Code.
The role and responsibilities of the Zoning Administrator may be assumed
by a person presently serving the City of Green Park as staff or as
an appointed or elected official.
B.
Powers And Duties. The Zoning Administrator or the duly
designated and acting deputy shall enforce and perform those tasks
necessary for administration of this Chapter. In addition to and in
furtherance of this authority, the Zoning Administrator shall:
1.
Determine compliance with all relevant zoning provisions, standards
and conditions of all applications for building permits as provided
in this Chapter and other applicable City ordinances.
2.
Conduct inspections of all buildings, structures and uses of land
to determine compliance with, or violations of, the provisions of
this Chapter.
3.
Furnish to the various departments, officers or employees of the
City vested with the authority to issue permits or licenses such information
as will ensure the proper administration of this Zoning Code.
4.
Receive, check for compliance with the various submission requirements
contained herein, and forward to the Commission all applications for:
5.
Forward to the Board of Adjustment all papers constituting the record
upon which actions appealed from are taken.
6.
Report in writing to the Commission on the administration of this
Chapter with special attention to enforcement problems and deficiencies
in its content, procedures and standards.
7.
Maintain permanent and current records of this Chapter including
reports, memoranda and correspondence relating to the various actions
and determinations of the Commission, Board of Adjustment and Board
of Aldermen relative to the Zoning Code.
8.
Notify in writing, if any violations of the provisions of this Chapter
are found, the persons responsible for such violation. In giving notification,
the Zoning Administrator shall indicate the nature of the violation
and order the action necessary to correct it. He/she shall order discontinuation
of any illegal use of land, buildings or structures, removal of illegal
buildings or structures or of illegal additions or alterations, discontinuance
of any illegal work being done, or take any other action authorized
by this Chapter to ensure compliance with or to prevent violation
of its provisions.
9.
Act as liaison between the other departments of the City and the
Commission.
10.
Prepare and submit to the Board of Aldermen for its consideration
a recommended schedule of fees and charges to be assessed in connection
with the procedures outlined in this Zoning Code.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Requirements. The Board of Aldermen may, from time to time,
on its own motion or on petition, amend, supplement, change, modify
or repeal by ordinance the boundaries of districts or regulations
or restrictions established in this Chapter.
1.
Text amendments. An application for amendment to
the written text of this Zoning Code may be filed with the City Clerk
for consideration by the Commission and the Board of Aldermen. Such
application may be initiated by any member of the Board of Aldermen
or the Commission or filed with the City Clerk by any other elected
or appointed official of the City.
2.
Rezoning. An application for a change in the zoning
district designation as described by the official Zoning Map may be
filed in the office of the Zoning Administrator for consideration
by the Commission and the Board of Aldermen. Such application may
be filed by any member of the Board of Aldermen, the Commission, or
the Board of Adjustment, by any other appointed or elected official
of the City, or by any person with financial, contractual or proprietary
interest in the property to be included in the proposed change of
zoning.
3.
Simultaneous filing requirement. To expedite processing
by the Commission and the Board of Aldermen, a copy of the application
for amendment or rezoning shall be filed with the City Clerk for transmittal
to the Board of Aldermen simultaneously with the filing in the office
of the Building Commissioner.
B.
Application And Submission Requirements. The application
shall be made on a form provided by the City Clerk and shall comply
with and be in accordance with the format and procedures governing
same as adopted by the Commission. The City Clerk shall forward the
application to the Zoning Administrator or Building Commissioner.
Said application shall be signed by the applicant and shall state
the applicant's name and address, as well as:
1.
Text amendments. An application for an amendment
to the text of this Chapter shall set forth the new text to be added
and existing text to be deleted.
2.
Rezoning.
a.
An application for a Zoning Map change shall include a legal description
of the property to be changed from one category to another, as well
as a map or overlay on the existing map graphically describing said
change.
b.
In all cases where an application is initiated by a private party,
the application shall be accompanied by fifteen (15) copies as well
as the fee established by the Board of Aldermen and on file with the
City Clerk.
C.
Limitations Of Filing.
1.
An application for amendment or rezoning shall not be accepted by
the City:
2.
An application for amendment or rezoning initiated by the Board of
Aldermen or the Commission may be accepted at any time regardless
of the time limitations stated above.
3.
After the City has accepted and filed an application for rezoning
by a person with a financial, contractual or proprietary interest,
the application may not be modified as to the area proposed to be
rezoned, or as to the class of zone requested, unless the Commission
and the Board of Aldermen allow such modification.
D.
Review Procedure.
1.
City staff/consultant. The City Clerk shall receive
the application and determine, after consulting with the City's professional
staff/consultants, within twenty-one (21) days, whether it complies
with all applicable submission requirements. If the application so
complies, copies thereof shall be forwarded to the Commission and
the Board of Aldermen, including therein the any recommendation to
approve, disapprove, modify or conditionally approve the application.
If the application is deficient, the applicant shall be notified and
granted an additional twenty-one (21) days to complete same.
2.
Planning and Zoning Commission. Any proposed amendment,
supplement, change, modification or repeal shall first be submitted
to the Commission for its recommendations and report. The Commission
shall consider the application and decide whether to recommend approval.
In the event that the Commission fails to transmit a recommendation
to the Board of Aldermen within a reasonable time, the Board of Aldermen
may consider the application as having been recommended for approval
by the Commission.
3.
Public hearing. Upon recommendation of the Commission,
the Board of Aldermen shall set a date for a public hearing on the
application, and notice thereof shall be given as provided in this
Chapter. No application for amendment or rezoning may be approved
until after such hearing is held.
4.
Determination by the Board of Aldermen. In the case
of an adverse report by the Commission, or if a protest against such
proposed amendment, supplement, change, modification or repeal shall
be presented in writing to the City Clerk, duly signed and acknowledged
by the owners of thirty percent (30%) or more, either of the area
of the land exclusive of streets, places and alleys, included within
such proposed amendment, supplement, change, modification or repeal,
or within an area determined by lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundaries of the district
proposed to be changed, such amendment, supplement, change, modification
or repeal shall not become effective except by the favorable vote
of two-thirds (⅔) of all the members of the Board of Aldermen.
5.
Criteria for considering applications. In considering
any application for rezoning, the Commission and the Board of Aldermen
may give consideration to the criteria stated below, to the extent
they are pertinent to the particular application. The Commission and
Board of Aldermen also may consider other factors that may be relevant
to a particular application.
a.
The character of the neighborhood.
b.
The existing and any proposed zoning and uses of adjacent properties,
and the extent to which the proposed use is compatible with the adjacent
zoning and uses.
c.
The extent to which the proposed use facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements.
d.
The suitability of the property for the uses to which it has been
restricted under the applicable zoning district regulations.
e.
The length of time, if any, the property has remained vacant as zoned.
f.
The extent to which the proposed use will negatively affect the aesthetics
of the property and neighboring property.
g.
The extent to which the proposed use will seriously injure the appropriate
use of, or detrimentally affect, neighboring property.
h.
The extent to which the proposed use will adversely affect the capacity
or safety of the portions of the street network impacted by the use,
or present parking problems in the vicinity of the property.
i.
The extent to which the proposed use will create excessive stormwater
runoff, air pollution, water pollution, noise pollution or other environmental
harm.
j.
The extent to which the proposed use will negatively affect the values
of the property or neighboring properties.
k.
The extent to which there is a need for the use in the community.
l.
The economic impact of the proposed use on the community.
m.
The ability of the applicant to satisfy any requirements applicable
to the specific use imposed pursuant to this Chapter.
n.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed use.
o.
The gain, if any, to the public health, safety and welfare due to
approval of the application as compared to the hardship imposed upon
the landowner, if any, as a result of denial of the application.
p.
The conformance of the proposed use to the Comprehensive Plan and
any other adopted planning policies.
q.
The recommendation of professional staff/consultants.
r.
The consistency of the proposed use with the permitted uses and the
uses subject to conditions in the district in which the proposed use
is located.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Intent And Purpose. The purpose of the conditional use permit
is to provide the City with a procedure for determining the appropriateness
of a proposed use not authorized as a matter of right by the regulations
of the district in which the use is proposed to be located. The appropriateness
of the use shall be determined in consideration of surrounding uses,
activities and conditions of the site and of surrounding areas. Based
upon this determination, the Board of Aldermen may decide to permit,
reject or permit conditionally the use for which the conditional use
permit is sought.
B.
Authorization. The Board of Aldermen may authorize by ordinance,
under prescribed conditions, the construction or undertaking of any
conditional use that is expressly permitted as a conditional use in
a particular zoning district; however, the Board of Aldermen reserves
full authority to deny any request for a conditional use, to impose
conditions on the site, or to revoke approval at any time upon a finding
that the permitted conditional use will or has become unsuitable and
incompatible in its location as a result of any nuisance or activity
generated by the use.
C.
Application And Submission Requirements.
1.
An applicant for conditional use permit shall file with the City
Clerk fifteen (15) copies of an application on a form provided by
the Clerk and approved by the Commission. Such application may be
filed by any private party with financial, contractual or proprietary
interest in the property. The Clerk shall forward the application
to the Zoning Administrator.
2.
The application shall contain such information as the Commission may prescribe by regulations. Such regulations regarding submission requirements shall include but not be limited to those items specified in Section 405.450 regarding site plan approval.
3.
At the time an application for a conditional use permit is filed,
the City Clerk shall require the applicant to pay the City a fee according
to a schedule established by the Board of Aldermen and on file in
the offices of the City Clerk and the Zoning Administrator.
4.
An application for conditional use permit shall not be accepted by
the Zoning Administrator if a previous application was, within one
(1) year of the new application, either:
D.
Review Procedure.
1.
Zoning Administrator. The Zoning Administrator shall
receive the application and determine, within twenty-one (21) days,
whether it complies with all applicable submission requirements. If
the application so complies, copies thereof shall be forwarded to
the Commission and the Board of Aldermen, including therein the Zoning
Administrator's recommendation to approve, disapprove, modify or conditionally
approve the application. If the application is deficient, the applicant
shall be notified and granted an additional twenty-one (21) days to
complete same. The Commission shall be deemed to have received the
application on the date of its next regularly scheduled meeting following
acceptance of the application by the Zoning Administrator as being
in compliance with all submission requirements.
2.
Planning and Zoning Commission. The Commission shall consider the application and decide whether to recommend approval. Within sixty (60) days after receipt of the application from the Zoning Administrator (as provided in Subsection (D)(1) hereof), the Commission shall transmit a report and recommendations to the Board of Aldermen. This time period may be extended with the approval of the applicant. In the event that the Commission fails to transmit a report and recommendations to the Board of Aldermen within the allowed time period, the Board of Aldermen shall consider the application as having been recommended for approval by the Commission.
3.
Public hearing. The Board of Aldermen shall set a date for a public hearing on the application, and notice of it shall be given as provided in Section 405.490 of this Chapter.
4.
Determination by the Board of Aldermen. The Board
of Aldermen may authorize a conditional use permit after receipt of
the recommendation of the Commission and after holding a public hearing
on the application by simple majority vote. The Board of Aldermen
may also add any restriction or condition it feels appropriate by
simple majority vote. The deletion of any restrictions or conditions
recommended by the Commission shall require a two-thirds (⅔)
majority vote of the Board of Aldermen.
E.
Standards. The Board of Aldermen shall not approve a conditional
use unless it finds that the application and evidence presented clearly
indicate that the proposed conditional use:
1.
Will not substantially increase traffic hazards or congestion.
2.
Will not substantially increase fire hazards.
3.
Will not adversely affect the character of the neighborhood.
4.
Will not adversely affect the general welfare of the community.
5.
Will not overtax public utilities.
6.
Complies with all other applicable provisions of this Zoning Code,
including performance standards, the standards of this Chapter in
regard to yard and setback, parking and loading areas, screening and
buffering, refuse, storage and service areas, and signs, and the standards
of this Chapter concerning telecommunications facilities, when applicable.
7.
Will contribute to and promote the community welfare and convenience
at the specific location.
8.
Will not cause substantial injury to the value of neighboring property.
9.
Complies with the City's Comprehensive Plan or plans for any applicable
neighborhood or sector of the City thereof and other applicable zoning
district regulations and provisions of this Chapter.
10.
Will provide, if applicable, erosion control and on-site stormwater
detention in accordance with the standards contained in this Chapter,
the subdivision regulations, or any policies adopted by the City.
11.
Will be compatible with the surrounding area and thus will not impose
an excessive burden or have a substantial negative impact on surrounding
or adjacent uses or on community facilities or services.
F.
Conditions And Restrictions. In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to assure that the standards of Section 405.330 are complied with and the general intent of this Zoning Code is carried out. The Board of Aldermen in approving a conditional use permit may specify that any future enlargement or alteration in the use of the structure or site must be approved by the Board of Aldermen upon receipt of the recommendation of the Commission as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.510.
G.
Period Of Validity.
1.
No conditional use permit granted by the Board of Aldermen shall
be valid for a period longer than one (1) year from the date it grants
the conditional use permit, unless within such period:
2.
The Board of Aldermen may grant extensions not exceeding one hundred
eighty (180) days each, upon written application, without notice or
hearing.
H.
Specific Requirements For Individual Conditional Uses.
[Ord. No. 707 § 4, 10-19-2015]
1.
Vehicle parking, off-site. Any approval of
a conditional use permit for vehicle parking, off-site shall be subject
to the following specific conditions:
a.
Main use/no accessory uses. The use shall only
be permitted as an additional main use to an existing commercial use
and shall not be permitted on a lot used for residential, governmental
or institutional use.
b.
Duration. The duration of a CUP shall be three
(3) years or less. Upon the expiration of the time limit specified
in a particular permit, the property owner may request that the conditional
use permit be reviewed by the Planning and Zoning Commission, which
may extend it for an unlimited period or for a specified additional
period of years.
c.
Landscaping. Unless otherwise approved by the
CUP, the following are required:
(1)
A buffer of trees and shrubs of such density to
obscure visible evidence of parking activities from adjoining property,
not less than twenty (20) feet in depth, shall be maintained along
all boundaries of such use adjoining residentially-used property,
excepting at established entrances and exits. To the extent that buildings
or other structures effectively screen the parking area, the Board
may reduce this requirement.
(2)
Existing vegetation may be used in combination
with additional supplementary plantings where required in complying
with the requirements of this Section.
(3)
Any and all plant materials shall be maintained
thereafter for the life of the use at the expense of the owner. Withered
and/or dead plant material shall be replaced within a reasonable period
of time, but not longer than one (1) growing season.
d.
Washing or maintenance. No washing of or maintenance
work on automobiles is permitted.
e.
Hours of operation. No automobiles shall be
moved between the hours of 8:00 p.m. and 7:00 a.m. daily unless otherwise
approved in the approving ordinance.
f.
No customers on site. The automobiles shall
be parked and removed by employees of the automotive sales and lease
establishment only; no customers shall access the site. No such parking
lot may be used for automotive sales and lease activities.
g.
Lighting. No parking lot lighting will be allowed
unless otherwise approved in the approving ordinance. Any lighting
approved shall not spill onto neighboring properties nor cause a glare
onto residentially used property.
h.
Maximum parking. The CUP shall set a maximum
number of automobiles that may be parked pursuant to the CUP taking
into account the size of the lot, the area in which it is located
and surrounding uses, the extent of buffering and other factors affecting
the specific situation.
i.
Paved surface. All automobiles shall be parked
on a paved surface unless otherwise approved in a specific CUP due
to the short-term nature of the proposed parking or limited duration
of the conditional use permit.
j.
Lin-Ferry Drive. Notwithstanding anything herein,
this use is not appropriate on Lin-Ferry Drive.
A.
Purpose.
1.
Statement Of Purpose. The general purpose of this Section 405.440 ("Section") is to regulate the placement, construction, and modification of telecommunications Wireless Communications Facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Green Park. Specifically, this Section is intended to:
a.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Green Park;
b.
Minimize adverse visual impacts of Wireless Communications Facilities
through careful design, siting, landscape screening, and innovative
camouflaging techniques that provide predictability for nearby property
owners and others that future uses will not materially alter such
approved aesthetic protections without zoning hearing procedures and
input from interested parties;
c.
Ensure that any new Wireless Communications Facilities are located
in an area compatible with the neighborhood or surrounding community
to the extent possible; and
d.
Ensure that regulation of Wireless Communications Facilities
does not have the effect of prohibiting the provision of personal
wireless services and does not unreasonably discriminate among functionally
equivalent providers of such service and promotes the provision and
availability of communication services within the City.
2.
Applicability; Preemption. Notwithstanding any ordinance to
the contrary, the procedures set forth in this Section shall be applicable
to all Wireless Communications Facilities existing or installed, built
or modified after the effective date of this Section to the fullest
extent permitted by law. No provision of this Section shall apply
to any circumstance in which such application shall be unlawful under
superseding Federal or State law and furthermore, if any Subsection,
sentence, clause, phrase, or portion of this Section is now or in
the future superseded or preempted by State or Federal law or found
by a court of competent jurisdiction to be unauthorized, such provision
shall be automatically interpreted and applied as required by law.
B.
AGL (ABOVE GROUND LEVEL)
ANTENNA
CABINET
DISGUISED SUPPORT STRUCTURE
1.
2.
3.
4.
5.
EXISTING STRUCTURE
FAA
FAST-TRACK SMALL WIRELESS FACILITY OR FAST-TRACK
1.
2.
3.
FCC
HEIGHT
INCIDENTAL USE
MODIFICATION
SHELTER
SMALL WIRELESS FACILITY
1.
2.
SUPPORT STRUCTURE
TOWER
UTILITY POLE
WIRELESS COMMUNICATIONS FACILITY
Definitions. As used in this Section, the following terms shall have
the meanings and usages indicated:
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives wireless radio
waves for voice, data, or video communications purposes, including,
but not limited to, television, AM/FM radio, texts, microwave, cellular
telephone, and similar forms of communications. The term shall exclude
satellite earth station antenna less than two (2) meters in diameter
(mounted within twelve (12) feet of the ground or building-mounted)
and any receive-only home television antenna.
A structure for the protection and security of communications
equipment associated with one (1) or more Antenna where direct access
to equipment is provided from the exterior and that has horizontal
dimensions that do not exceed four (4) feet by six (6) feet, and vertical
height that does not exceed six (6) feet.
Any free-standing, man-made structure designed for the support
of Antenna, the presence of which is camouflaged or concealed as an
appropriately placed and designed architectural or natural feature.
Depending on the location and type of disguise used, such concealment
may require placement underground of the utilities leading to the
structure. Such structures may include but are not limited to clock
towers, campaniles, observation towers, light standards, flag poles,
and artificial trees. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately-placed and designed
architectural or natural feature" shall mean:
It is consistent with and contributes to and does not detract
from the character and property values and use of the area and neighborhood
in which it is located;
It does not contain distorted proportions, size, or other features
not typically found on the type of structure or feature to which it
is designed to replicate;
It cannot be identified as a Support Structure by persons with
reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments
relating to the Disguised Support Structure are wholly concealed using
a manner consistent with and typically associated with the architectural
or natural structure or feature being replicated; and
It is of a height, design, and type that would ordinarily occur
at the location and neighborhood selected.
Any structure capable of supporting Wireless Communication
Facilities (other than a Support Structure) in full conformance with
the design and other requirements of this Section and is: (1) existing
prior to the date of all applicable permit applications seeking City
authorization for installation of such facilities thereon, and (2)
not built or installed in anticipation of such specific installation
or erected as a means to evade approvals applicable to a non-existing
structure.
The Federal Aviation Administration.
A Small Wireless Facility that meets the following requirements
for an Antenna and associated equipment:
No more than seven (7) cubic feet in volume (comprised of no
more than twenty-seven (27) square feet of exterior surface area,
excluding the surface width equal to the width of the Existing Structure
or Utility Pole to which it is mounted, on an imaginary enclosure
around the perimeter thereof, excluding cable or cable conduit of
four (4) inches or less). Volume shall be the measure of the exterior
displacement of the Antenna and associated equipment;
Located with the consent of the owner on an Existing Structure
or Utility Pole, or concealed within or on a replacement Utility Pole
if the appearance is not materially altered and the Existing Structure
or Utility Pole is no more than five (5) feet taller;
Not exceeding six (6) feet above the top of an Existing Structure
or Utility Pole for a total height not exceeding forty-five (45) feet
(nor taller than more than six (6) feet above the average of similar
poles within three hundred (300) feet).
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any use authorized herein that exists in addition to the
principal use of the property.
Any addition, deletion, or change, including the addition
or replacement of Antenna, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more Antenna and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected Antenna is prohibited.
An Antenna and associated equipment that meets the following:
An Antenna of no more than six (6) cubic feet in volume; and
All other associated equipment, to the extent permitted by applicable
law to be calculated, of cumulatively no more than twenty-eight (28)
cubic feet in volume; provided, that no single piece of equipment
on the Utility Pole shall exceed nine (9) cubic feet in volume, and
no single piece of ground mounted equipment shall exceed fifteen (15)
cubic feet in volume.
A Tower or Disguised Support Structure.
A structure designed for the support of one (1) or more Antenna
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not Disguised Support Structures, Utility Poles, or buildings.
The term shall also not include any Support Structure that includes
attachments of sixty-five (65) feet or less in height owned and operated
solely for use by an amateur radio operator licensed by the FCC.
A pole that is or may be used for wireline communications,
lighting, traffic control, signage, or a similar function, which may
also support a Small Wireless Facility or "Fast-Track."
Any Antenna, Small Wireless Facility, "Fast-Track," Cabinet,
Shelter, and Support Structure, and associated equipment.
C.
Application Procedures; Timing.
1.
Applications. Applications for permitted, administrative, or
conditional uses pursuant to this Section shall be subject to the
applicable supplementary procedures within this Section. Applications
shall be submitted to the City as a complete application on forms
provided by the City. A "complete application" shall be an application
submitted on the forms provided by the City, fully executed by the
applicant, identifying the specific approval sought, and containing
all attachments, fees as may be established to reimburse the City
for its inspection and review costs, and information as required thereon
or by the City, consistent with this Section. Applications shall be
accompanied by a building permit application and other applicable
forms.
2.
Proof Of Owner Consent. Applications for permitted, administrative,
or conditional uses pursuant to this Section shall be required to
provide proof of landlord consent, which shall minimally include:
a.
Written consent to pursue the application by all fee simple
owners of the underlying real estate (or where located in street Right-of-Way,
the Right-of-Way owner thereof), including when the proposed location
is also in a utility easement; and
b.
Written consent to pursue the application, of the owner of the
structure on which such Facility is to be placed, if different than
applicant.
3.
Timing. Applications shall be decided upon within a reasonable
time, subject further to State or Federal specific additional time
requirements as may apply to the particular application.
D.
General Requirements.
1.
Applicability. The requirements set forth in this Section shall
be applicable to all Wireless Communications Facilities within the
City installed, built, or modified after the effective date of this
Section to the full extent permitted by law. Such zoning review and
approvals required in this Section shall be in addition to any other
generally applicable permitting requirement, including applicable
building, excavation, or other right-of-way permits.
a.
Principal Or Incidental Use. Towers may be either a principal
or incidental use in all non-residential districts, subject to any
applicable requirement relating to yard or setback. An incidental
use subject to a leasehold interest of a person other than the lot
owner may be approved for a Tower only if the leasehold area separately
meets all requirements for a separate subdivided lot, including dedicated
access, parking, setbacks, and lot size, applicable to a primary use
in the district in which the use is proposed as if it was a separate
subdivided lot. No other district shall allow Towers unless required
by law. All other wireless facilities other than Towers, may be a
principal or incidental use in all districts subject to the requirements
herein.
b.
Building Codes, Safety Standards, And Zoning Compliance. Wireless Communications Facilities shall be constructed and maintained in compliance with all standards contained in applicable State and local building codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a Support Structure, a Utility Pole, or Antenna, including Small Wireless Facility and Fast-Track, unless waived upon application to the Zoning Administrator stating why such report is unnecessary to the specific application and a determination in the discretion of the Zoning Administrator approving such statement. In addition to any other approvals required by this Section, no Wireless Communication Facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit. For sites within City Right-of-Way: (1) the most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the official zoning map; (2) no application shall be submitted for permit approval without attaching the City's consent to use the Right-of-Way for the specific construction application, to the extent permitted by applicable law; (3) Wireless Communications Facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the Right-of-Way or obstruct the legal use of such Right-of-Way by authorities or authorized right-of-way users; and (4) such use shall be required to obtain applicable permits and comply with the City's ROW management rules and regulations set forth in Chapter 610.
c.
Regulatory Compliance. All Wireless Communications Facilities
shall meet or exceed current standards and regulations of the FAA,
FCC, and any other local, State, or Federal agency with the authority
to regulate Wireless Communications Facilities, and including all
required licenses, permits, and taxes applicable to such structure
and/or modification. Should such standards or regulations be amended,
then the owner shall bring such devices and structures into compliance
with the revised standards or regulations within the time period mandated
by the controlling agency. No approval for any placement, construction,
or modification of any Wireless Communications Facilities permitted
by this Section shall be granted for any applicant having an uncured
violation of this Section, any zoning regulation regarding the lot
on which the structure is proposed, or any other governmental regulatory,
licensing, or tax requirement applicable to such Wireless Communications
Facilities within the City unless preempted by applicable law.
d.
Security. All Wireless Communications Facilities shall be protected
from unauthorized access by appropriate security measures. A description
of proposed security measures shall be provided as part of any application
to install, build, alter, or modify Wireless Communications Facilities.
Additional measures may be required as a condition of the issuance
of a Building Permit as deemed necessary by the Zoning Administrator
or by the Board of Aldermen in the case of a Conditional Use Permit.
e.
Lighting. Antenna, Small Wireless Facilities, Fast-Track, and
Support Structures shall not be lighted unless required by the FAA
or other State or Federal agency with authority to regulate, in which
case a description of the required lighting scheme will be made a
part of the application to install, build, alter, or modify the Antenna,
Small Wireless Facilities, Fast-Track, or Support Structure. Lighting
may also be approved as a consistent component of a Disguised Support
Structure. Equipment Cabinets and Shelters may have lighting only
as approved by the Zoning Administrator on the approved site plan.
f.
Advertising. Except for a Disguised Support Structure in the
form of an otherwise lawfully permitted sign, the placement of advertising
on Wireless Communications Facilities is prohibited other than identification
signage or required safety signage of not greater than one (1) square
foot on ground equipment.
g.
Design.
(1)
Color. Subject to the requirements of the FAA or
any applicable State or Federal agency, Wireless Communications Facilities
and attachments shall be painted a neutral color consistent with the
natural or built environment of the site or an alternative painting
scheme approved by the Zoning Administrator, or the Board of Aldermen
in the case of Conditional Use Permits, consistent with the requirements
of this Section. Unpainted galvanized steel Support Structures are
not permitted.
(2)
Ground Equipment. When authorized, equipment Shelters
or Cabinets shall have an exterior finish compatible with the natural
or built environment of the site and shall also comply with any design
guidelines as may be applicable to the particular zoning district
in which the facility is located. All equipment shall be either placed
underground, contained in a single Shelter or Cabinet, or wholly concealed
within a building or approved walled compound.
(3)
Antenna Design. Antenna attached to a Disguised
Support Structure or Tower shall be contained within the Disguised
Support Structure or within or mounted flush on the surface of the
Tower to which they are mounted. Antenna attached to an existing building,
Utility Pole, or structure shall be of a color identical to the surface
to which they are mounted. Antenna on the rooftop or attached to a
building shall be screened or constructed and/or colored to match
the structure to which they are attached. All Antenna shall be designed
to be disguised and maximally concealed on or within the Support Structure
or other structure. Exposed Antenna on "crow's nest" or other visible
platforms or extensions are prohibited.
(4)
Height. Support Structures and Antenna shall be
no taller than necessary and shall not exceed the height limitation
of any airport overlay zone as may be adopted by the City or other
regulatory agency. Support Structures may exceed underlying zoning
district height restrictions for buildings and structures only where
shown to be necessary, provided that no reasonable alternative exists.
To the extent permitted by applicable law, district height restrictions
shall be considered by the City in determining the appropriateness
of the design and location of the application under the applicable
standards for approval. No Support Structure shall be approved at
a height exceeding one hundred (100) feet AGL in the "CC" District
and one hundred twenty (120) feet AGL in the "PLI" or "PO" Districts,
unless the applicant clearly demonstrates that such height is required
for the proper function of the applicant's system.
(5)
Monopole Design. All Towers shall be of a monopole
design. Lattice, guyed Towers, or other non-monopole Tower designs
shall not be permitted.
(6)
Compound Walls/Landscaping. All Towers shall be
surrounded by a minimum of a six-foot high decorative wall constructed
of brick, stone, or comparable masonry materials and a landscape strip
of not less than ten (10) feet in width and planted with materials,
which will provide a visual barrier to a minimum height of six (6)
feet. The landscape strip shall be exterior to any security wall.
In lieu of the required wall and landscape strip, an alternative means
of screening may be approved by the Zoning Administrator in the case
of a use permitted by administrative permit, or by the Board of Aldermen
in the case of a Conditional Use Permit, upon demonstration, by the
applicant that an equivalent degree of visual screening will be achieved.
Landscaping or other improvements may be required for Disguised Support
Structures if needed to implement an approved disguise.
(7)
Setbacks. All Support Structures, including any
portions of any Wireless Communications Facilities thereon and associated
structures, fences, and walls shall be separated from any public Right-of-Way,
sidewalk or street, alley, parking area, playground, or other building
(except for parking associated with the Wireless Communications Facility),
and from the property line of any adjacent property at least a horizontal
distance equal to the height of the Support Structure, including any
portions of any Wireless Communications Facilities thereon. Provided,
further, that in no instance, shall Towers be located within five
hundred (500) feet of any parcel used as a public park, playground,
school, library, church or other house of public gathering, historic
district, historic landmark, or an area on the National Register of
Historic Places unless otherwise, required by law.
(8)
Storage. Vehicle or outdoor storage on any Wireless
Communications Facilities site is prohibited, unless otherwise permitted
by the zoning district.
(9)
Parking. On-site parking for periodic maintenance
and service shall be provided at all Support Structure locations consistent
with the underlying zoning district and the type of Support Structure
approval granted.
(10)
Decorative Poles. In districts where there are
Utility Poles which were specifically designed for their aesthetic
nature and compatibility with the built environment of that district,
as determined by the City, such Utility Poles shall be deemed to be
decorative Utility Poles. Such decorative Utility Poles, when authorized
to be replaced by an applicant for Wireless Communications Facilities
pursuant to applicable law and in compliance with this Section and
Code, shall only be replaced with a substantially similar decorative
Utility Pole which matches the aesthetics and decorative elements
of the original decorative Utility Pole being replaced. Such replacement
expenses shall be bore wholly by the applicant seeking to place Wireless
Communications Facilities on such decorative Utility Pole.
h.
Public Property. Wireless Communications Facilities located
on property owned, leased, or otherwise controlled by the City shall
be subject to the requirements of this Section. A license or lease
with the City authorizing the location of such Wireless Communications
Facilities shall be required for each site.
i.
As-Built Plans. Within sixty (60) days of completion of the
initial construction and any additional construction, two (2) complete
sets of plans drawn to scale and certified as accurately depicting
the location of all Wireless Communications Facilities constructed
shall be furnished to the City.
j.
Historic Preservation; Thirty-Day Hearing Period. To the extent
permitted by law, approval shall not be issued for any Wireless Communications
Facility that the Zoning Administrator or Board of Aldermen determines
would create a significant negative visual impact or otherwise have
a significant negative impact on the historical character and quality
of any property within a Historic Preservation District or such District
as a whole. For collocation of any certified historic structure as
defined in Section 253.545 RSMo., in addition to all other applicable
time requirements, there shall be a thirty-day time period before
approval of an application during which one (1) or more public hearings
on collocation to a certified historic structure are held. The City
may require reasonable, technically feasible and technological neutral
design and concealment measures as a condition of approval of a Wireless
Communication Facility within a historic district.
2.
Administration. The Zoning Administrator shall have the authority
to establish forms and procedures consistent with this Section and
applicable Federal, State, and local law to ensure compliance and
to facilitate prompt review and administration of applications.
E.
Permitted Use.
1.
Permitted Use. The placement of Wireless Communications Facilities
fully conforming with the General Requirements in this Section are
permitted in all zoning districts only as follows:
a.
Collocations On Existing Support Structures. The attachment of additional or replacement complying Antennas or equipment to any existing fully conforming Support Structure or as otherwise authorized by State or Federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Subsection (D) of this Section.
b.
Antenna On High-Voltage Towers. The mounting of Antenna on or
within any existing high-voltage electric transmission Tower, but
not exceeding the height of such Tower by more than ten (10) feet,
provided that all requirements of this Section and the underlying
zoning ordinance are met, except minimum setbacks provided in this
Section shall not apply.
c.
Antenna On Existing Buildings/Structures. In all districts,
except not on single-family residential or two-family dwellings, the
mounting of Antenna on any existing and conforming building or structure
(other than a Support Structure or Utility Pole) provided that the
presence of the Antenna and equipment is concealed by architectural
elements or fully camouflaged or concealed by painting a color identical
to the surface to which they are attached, and further provided that
all requirements of this Section and the underlying zoning ordinance
are met.
d.
New, Replacement, And Modified Utility Poles. New, replacement,
or modified Utility Poles, at heights below the height limitations
outlined in this Subdivision, and collocation of Small Wireless Facilities
on the same shall be a permitted use in all districts except single-family
residential and historic districts provided the proposed installation
does not:
(1)
Materially interfere with the safe operation of
traffic and control equipment or City-owned communications equipment;
(2)
Materially interfere with compliance with the American
Disabilities Act, or similar Federal or State standards regarding
pedestrian access or movement;
(3)
Materially obstruct or hinder the usual travel
or public safety on the rights-of-way;
(4)
Materially obstruct the legal use of the rights-of-way
by the City, utility, or other third-party;
(6)
Fail to comply with applicable national safety
codes, including recognized engineering standards for Utility Poles
or Support Structures;
(7)
Fail to comply with the decorative pole replacement
requirements herein;
(9)
Interfere or impair the operation of existing utility
facilities, or City or third-party attachments.
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New, replacement, or modification of Utility Poles under the
following circumstances shall not be considered a permitted use under
this Section: (1) proposals to construct or modify a Utility Pole
which exceeds the greater of: (a) fifty (50) feet AGL; or (b) more
than ten (10) feet above the tallest existing Utility Pole as of January
1, 2019, within five hundred (500) feet of the proposed Utility Pole
in the City; and (2) proposals to collocate on an existing Utility
Pole in place on August 28, 2018, which exceeds the height of the
existing Utility Pole by more than ten (10) feet.
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2.
Application Procedure. Application for a Permitted Use under this Section shall require submission of an application with proof of owner consent as required by Subsection (C) and an application fee of five hundred dollars ($500.00) as required to partly cover the City's actual costs, but not to exceed such amounts as may be limited by law. If the applicant is not a Wireless Services Provider, then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a Wireless Services Provider within one (1) year of the permit's issuance date. For any application for a Small Wireless Facility, the applicant shall provide an attestation that the proposed Small Wireless Facility complies with the volumetric limitations as required to meet the definition of a Small Wireless Facility in accordance with this Section and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the General Requirements of this Section. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. The Zoning Administrator shall issue a decision on the application for a permitted use within the time-frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
F.
Administrative Approval.
1.
Administrative Approval. The placement of Wireless Communications Facilities fully conforming with the General Requirements in Subsection (D) of this Section are permitted in all zoning districts by Administrative Permit approved by the Zoning Administrator only as follows:
a.
Disguised Support Structures. The construction of a Disguised
Support Structure, provided that all related equipment shall be placed
underground or concealed within the structure. Equipment may be placed
in an appropriately concealed cabinet if the Disguised Support Structure
is incidental to an industrial, commercial, or other non-residential
use and fits with the natural built environment or the Disguised Support
Structure. Any Disguised Support Structure shall have as a condition
of approval, unless expressly exempted in the approval, an obligation
and corresponding covenant recorded on the property that runs with
the land to the benefit of the City on behalf of the public, prohibiting
modifications to the Disguised Support Structure that eliminate or
are materially detrimental to the disguise, unless such proposed modification
is approved by a duly authorized zoning or conditional use approval.
If the applicant does not wish to have such a covenant, the application
shall not qualify for Administrative Permit approval, unless another
mechanism is proposed and approved to ensure that the disguise is
not subsequently eliminated or materially detrimentally altered. A
Disguised Support Structure proposed to be located within a public
or private right-of-way may be exempted from the General Requirements
of this Section relating to parking/access and setbacks, unless determined
by the Zoning Administrator as applicable to the specific location
for safety or other application reasons.
b.
"Fast-Track" Small Wireless Facilities. An application for a
"Fast-Track" Small Wireless Facility may be approved administratively
by the Zoning Administrator, subject to meeting the following requirements:
(1)
General Requirements. The following requirements
shall generally apply to all "Fast-Track" Small Wireless Facilities
located within the City:
(a)
The "Fast-Track" shall substantially match any
current aesthetic or ornamental elements of the Existing Structure
or Utility Pole, or otherwise be designed to maximally blend in to
the built environment, with attention to the current uses within the
district at the proposed site;
(b)
Any portion above the Existing Structure or Utility
Pole shall be concealed and of the same dimensions and appearance
so as to appear to be a natural extension of the Existing Structure
or Utility Pole in lieu of an enclosure or concealment;
(c)
The "Fast-Track" equipment shall not emit noise
audible from the building line of any residentially zoned or used
property; and
(d)
Location, placement and orientation of the "Fast-Track"
shall, to the extent feasible, minimize the obstruction to, or visibility
from, the closest adjacent properties unless otherwise required by
the City for safety reasons.
(2)
Additional Requirements When Sited Near Pedestrian
And Vehicle Ways. When a "Fast-Track" is proposed to be located on
an Existing Structure or Utility Pole on or adjacent to public or
private streets, sidewalks, or other pedestrian or vehicle ways:
(a)
Only one (1) "Fast-Track" shall be permitted per
structure or Utility Pole in the right-of-way;
(b)
The height of all portions of the "Fast-Track"
shall be located at least eight (8) feet above ground level;
(c)
No ground equipment shall be permitted; and
(d)
No portions of the "Fast-Track" shall extend horizontally
from the surface of the Utility Pole or Existing Structure more than
sixteen (16) inches.
(3)
Waiver For Good Cause Shown. Additionally, the
Zoning Administrator may for good cause shown increase any one (1)
or more of the maximum volumetric specifications from the definition
of a "Fast-Track" by up to fifty percent (50%) if the applicant demonstrates
that it:
(a)
Does not in any location nationally use equipment
capable of meeting the specifications and the purpose of the equipment;
and
(b)
Cannot feasibly meet the requirements as defined
and described.
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The Board of Aldermen may further waive one (1) or more of the
requirements found in the definition of "Fast-Track," or from: i.
General Requirements, or ii. Additional Requirements When Sited Near
Pedestrian or Vehicle Ways of this Subdivision, upon good cause shown
by the applicant, and provided a showing that the waiver is the minimum
necessary to accomplish the purposes of this Section. The burden of
proof for any waiver shall be wholly on the applicant and must be
shown by clear and convincing evidence.
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2.
Application Procedures. Applications for Administrative Permits
shall be made on the appropriate forms to the Zoning Administrator
consistent with the requirements of this Section. Applications requesting
any information that is prohibited by Federal or State law under the
applicable circumstance shall be deemed inapplicable to the subject
application.
a.
General Application Requirements. Applicant shall submit along
with its completed application form:
(1)
An application fee of five hundred dollars ($500.00)
as required to partly cover the City's actual costs, but not to exceed
such amounts as may be limited by law; any amount not used by the
City shall be refunded to the applicant upon written request after
a final decision;
(2)
A detailed site plan, based on a closed boundary
survey of the host parcel, shall be submitted indicating the exact
location of the facility, all dimensions and orientations of the facility
and associated equipment, in addition to all existing and proposed
improvements including buildings, drives, walkway, parking areas,
and other structures, right-of-way, the zoning categories of the subject
and adjoining properties, the location of and distance to off-site
residential structures, required setbacks, required buffer and landscape
areas, hydrologic features, and the coordinates and height AGL of
the Utility Pole, Disguised Structure, or Existing Structure, if applicable;
(3)
Specifications, dimensions, photos, or drawings
of the completed installation;
(5)
Certified structural analysis as required in the
General Requirements of this Section;
(6)
If the applicant is not a Wireless Services Provider,
as defined by Section 67.5111, RSMo., then the applicant must
submit evidence of agreements or plans, or otherwise provide attestations
to the same, which conclusively demonstrate to the City that the proposed
site(s) will become operational and used by a Wireless Services Provider
within one (1) year of the permit's issuance date; and
(7)
All other information necessary to show compliance
with the applicable requirements of this Section.
b.
"Fast-Track" — Specific Application Requirements. In addition
to the above General application requirements, applications for a
"Fast-Track" shall include the following:
(1)
An attestation that the proposed "Fast-Track" meets
the volumetric and other requirements to meet the definition of "Fast-Track"
provided in this Section; and
(2)
Information demonstrating that the applicant's
proposed plans are in compliance with Section 67.5113.3(9), RSMo.,
to the satisfaction of the City.
c.
Review. The application shall be reviewed by the Zoning Administrator
to determine compliance with the above standards, including specifically
design, location, safety, and appearance requirements and transmit
the application for review and comment by other departments and public
agencies as may be affected by the proposed facility.
d.
Additional Information May Be Required. In reviewing an application,
the Zoning Administrator may require the applicant to provide additional
information, including technical studies, to the extent permitted
by applicable law. An application shall not be deemed complete until
satisfaction of all application requirements and submission of all
requested information as provided herein.
e.
Decisions; Denials Required In Writing. The Zoning Administrator
shall issue a decision on the permit within the time-frame permitted
by applicable law. The Zoning Administrator may deny the application
or approve the application as submitted or with such modifications
or conditions as are, in his/her judgment, reasonably necessary to
protect the safety or general welfare of the citizens and property
values consistent with and to affect the purposes of this Section.
The Zoning Administrator may consider the purposes of this Section
and the factors established herein for granting a Conditional Use
Permit as well as any other considerations consistent with the Section.
A decision to deny an application shall be made in writing and state
the specific reasons for the denial.
G.
Conditional Use Permit Required.
1.
Conditional Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Subsections (E) or (F) or not fully complying with the General Requirements of this Section shall be permitted only upon the approval of a Conditional Use Permit authorized consistent with Section 405.430 following a duly advertised public hearing by the Planning and Zoning Commission and Board of Aldermen, subject to the following additional requirements, procedures, and limitations:
a.
Applications. Applications for Conditional Use Permits shall be filed on such forms required by the Zoning Administrator and processed subject to the requirements of and in the manner established by applicable law, herein, and for Conditional Use Permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific Wireless Communications Facility. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Except as otherwise provided by law, no application for a Conditional Use Permit under this Section shall be deemed complete until the applicant has paid all fees and deposits required under this Section, submitted certified engineering plans, and provided proof of owner consent as required by Subsection (C). Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
b.
Decision And Findings Required. A decision shall be contemporaneously
accompanied by substantial evidence supporting the decision, which
shall be made a part of the written record of the meeting at which
a final decision on the application is rendered. Evidence shall be
under oath and may be submitted with the application or thereafter
or presented during the public hearing by the applicant or others.
c.
Additional Minimum Requirements. No Conditional Use Permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of Wireless Communications Facilities pursuant to Subsection (E) or (F) of this Section is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
d.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of Section 405.430 of this Zoning Code for the consideration of Conditional Use Permits, no Conditional Use Permit shall be approved by the Board of Aldermen unless findings in the affirmative are made that the following conditions exist:
(1)
That the design of the Wireless Communications
Facilities, including ground layout, maximally reduces visual degradation
and otherwise complies with provisions and intent of this Section;
(2)
That the design is visually compatible with the
area, will not distract from the view of the surrounding area, is
maximally concealed or blended in with the environment and will not
adversely affect property values;
(3)
That such conditional use shall not be inconsistent
or adversely affect the regular permitted uses in the district in
which the same is located; and
(4)
That the proposal fully complies with applicable
law including the General Requirements herein; provided, that an exception
to the General Requirements, other than building or safety code compliance,
may be approved upon evidence that compliance is not feasible or is
shown to be unreasonable under the specific circumstances shown.
H.
Commercial Operation Of Unlawful Wireless Communications Facilities.
Notwithstanding any right that may exist for a governmental entity
to operate or construct Wireless Communications Facilities, it shall
be unlawful for any person to erect or operate for any private commercial
purpose any Wireless Communications Facilities in violation of any
provision of this Section, regardless of whether such Wireless Communications
Facilities are located on land owned by a governmental entity.
I.
Removal Of Support Structure. Any Wireless Communications Facility
or portion thereof that is no longer in use for its original communications
purpose shall be removed at the owner's expense. In the case of multiple
operators sharing use of a single Support Structure, this provision
shall not become effective until all users cease operations.
J.
Penalty. Except as may otherwise be provided by law, any person violating any provision in this Section shall be subject to Section 100.140.
K.
Appeals. The procedures of Article II of Chapter 400, shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the Board of Aldermen that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Article II of Chapter 400 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.
[1]
Editor's Note: Ord. No. 778 also changed the title of this
Section from "Conditional Use Permits – Telecommunications Facilities"
to "Wireless Communications Facilities."
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Intent And Purpose. The site plan approval procedure is intended to ensure the adequate review and consideration of potential impacts of proposed development upon surrounding uses and activities and to encourage a high standard of site and building design. Site plans are required for all permitted uses and those "planned uses" which do not meet the criteria requiring a development plan as set forth in Section 405.460 of this Zoning Code.
B.
Application And Submission Requirements.
1.
An application for site plan approval may be filed by any person
or their agent with a financial, contractual or proprietary interest
in the property to be developed according to the submitted plan.
2.
An applicant for site plan approval shall file with the City Clerk fifteen (15) copies of an application on a form provided by the City Clerk and approved by the Commission. The Clerk shall forward the application to the Zoning Administrator or City Engineer for review as to whether the application meets the submission requirements. The application for site plan approval shall contain a site plan as required by Subsection (C) hereof and the fee established by the Board of Aldermen and on file in the office of the City Clerk. The application shall also include any such information as the Commission may prescribe as well as the following information:
a.
All applications shall be signed by the applicant and shall state
the applicant's name and address.
b.
The site plan shall include all necessary data and drawings in order
that the Zoning Administrator can determine whether the proposed use
and development complies with the district requirements and that City
departments affected by the project may assess the impact of the proposed
development on public facilities and services and on the surrounding
area.
c.
The site plan when originally submitted may be in sketch form but
must be drawn to scale and with reasonable accuracy. The plan may
be drawn "hard-lined" or freehand if skillfully executed. It may consist
of one (1) or more sheets or drawings at a scale of one (1) inch equals
fifty (50) feet or larger (prefer engineer's scale, one (1) inch equals
twenty (20) feet, one (1) inch equals forty (40) feet, etc., rather
than architect's scale, one-sixteenth (1/16) inch equals one (1) foot,
etc.).
d.
The following data and drawings are required for the site plan:
(1)
Site location diagram. Small diagram map indicating
position in the City and in relation to surrounding streets and the
City's major street network (may be different scale from remaining
items).
(3)
Site dimensions. Show dimensions of site perimeter,
applicable zoning setback lines, site area in square feet, and access
(may be approximate for preliminary submission).
(4)
Site surroundings. Indicate the property lines,
ownership and location of all buildings occupying and property abutting
subject property or location within a distance of three hundred (300)
feet from the perimeter of the site (may be drawn at a different scale
from other plan items).
(5)
Easements and restrictions. Indicate location
and nature of easements, zoning boundaries or other restrictions or
limitations on the use of the subject site.
(6)
Site topography. Provide existing and proposed
contours at intervals of two (2) feet or less (may be approximate
and drawn from enlarged U.S.G.S. or MSD base maps for preliminary
submission).
(7)
Building location, size and siting. Outline
in a solid line and locate with dimensions from the property line
the "foot print" of all buildings. All building extensions or projections
beyond the primary facade should be drawn with dotted lines. Indicate
also building perimeter dimensions and heights.
(8)
Parking layout and driveways. Include notation
of parking stall size, aisle and driveway widths, and number of cars
in each row of parking spaces.
(9)
Landscape plan. Describe existing and proposed
landscape material by size and species along with related site improvements
such as retaining walls, walkways, plazas, etc. Generalized massing
of major existing tree groups and approximate location of all trees
over nine (9) inch caliper, whether to remain or to be removed, to
be shown on preliminary submission. The final plan should locate all
trees over six (6) inch caliper and indicate which are to remain and
which are to be removed as well as describing accurately the size,
type and location of all planned plant material. Landscaping shall
meet the minimum requirements of St. Louis County for the type of
development submitted by the applicant's site plan. The landscape
plan may be submitted as a separate plan at the discretion of the
applicant or the City.
(10)
Utilities. Indicate provision for or access
to major utilities including water, storm sewers, sanitary sewers,
gas and electricity.
(11)
Stormwater management and erosion control. Indicate
provisions to be made to direct and detain stormwater on-site in accordance
with applicable City regulations and policies and to mitigate erosion
both during and following completion of construction.
(12)
Lighting. Indicate the location of light standards
along with both a graphic and catalog reference describing the proposed
standards.
(13)
Development data. Indicate in tabular form
the following information: Site area (square feet and acres), gross
floor area (square feet), building coverage, site coverage, parking
spaces required, parking spaces provided, existing and proposed zoning.
e.
The final site plan shall be drawn and certified (sealed) by a licensed
professional engineer or architect. The final site plan shall be drawn
accurately to line and scale (one (1) inch — fifty (50) feet
or larger). The final submission shall comply with any site plan approved
with conditions and shall incorporate all changes or refinements resulting
from any conditional approval.
f.
The site plan submitted for final approval shall include all the elements in Subsection (B)(2)(d). However, all approximate dimensions and data supplied in any preliminary site plan shall be precise and accurate in the final site plan.
g.
In addition to the requirements in Subsection (B)(2)(d), the final submission shall include schematic architectural plans. These plans shall be drawn by a licensed architect or engineer and shall show the layout and use of interior building floor space by means of floor plans and building facades. Building profiles and exterior materials shall be shown by elevation and/or section drawings. While these architectural schematics should be drawn to scale, they may be drawn freehand if accurately and skillfully executed.
C.
Review Procedure.
1.
A site plan shall be submitted with the application for site plan
approval which shall contain, at a minimum, information required by
the district regulations in addition to the application and submission
requirements of this Section. The City shall review the application
and determine whether it complies with all applicable submission requirements.
If the application is deficient, the applicant shall be notified and
granted an opportunity to complete same. An application for site plan
approval shall not be deemed accepted by the City if it fails to meet
the submission requirements or if a previous application was, within
one (1) year of the new application, either:
2.
If the application so complies with the submission requirements and
is otherwise acceptable, the City Clerk shall then coordinate the
review and analysis of the site plan application by the City professional
staff. If directed by the City, the applicant shall coordinate review
and analysis of the site plan by the St. Louis Metropolitan Sewer
District, the Missouri-American Water Company, AmerenUE, Laclede Gas
Company, the Missouri Department of Transportation and any other utility
or entity having jurisdiction over the project. This coordinated administrative
review of the application shall be completed within sixty (60) days
of filing, but this time period may be extended by the Commission.
Upon completion of the administrative review period, the City Clerk
shall forward copies of the application to the Commission and the
Board of Aldermen.
3.
Upon receipt of the application for site plan approval, the Commission
may appoint a special committee to review same. The special committee
shall then either recommend approval, disapproval, modification or
conditional approval of the site plan application to the full Commission.
The special committee's review shall be completed within sixty (60)
days of its appointment, but this time period may be extended.
4.
Recommendation by the Commission. After the Commission
receives the site plan application (and, if applicable, any report
from the special committee), the Commission shall consider and decide
whether to recommend approval, approval with conditions or restrictions,
modification, or disapproval of the application to the Board of Aldermen.
In the event that the Commission fails to transmit a report and/or
recommendations to the Board of Aldermen within a reasonable time,
the Board of Aldermen may consider the application as having been
recommended for approval by the Commission.
5.
Determination by the Board of Aldermen. The Board of Aldermen may hold a public hearing on the application and, if so, notice of same shall be given as provided in Section 405.400 of this Chapter. Regardless of whether a public hearing was held, the Board of Aldermen may approve an application for site plan approval by simple majority vote. The Board of Aldermen also may add any restrictions or conditions it feels appropriate by simple majority vote. The deletion of any restrictions or conditions recommended by the Commission shall require a two-thirds (⅔) majority vote of the Board of Aldermen.
6.
Upon final approval by the Board of Aldermen by ordinance and a finding
by the City of compliance with all conditions attached to said approval,
the applicant shall record site plan with the office of the St. Louis
County Recorder of Deeds within sixty (60) days of the approval.
D.
Rezoning/Site Plan Required.
1.
Every request for rezoning of property to one (1) of the following
zoning districts shall be accompanied by a site plan:
a.
"RS-1" Single-Family Residential District if any subdivision of land involved; only a plot plan is required for a single lot and residence (see Section 405.100).
b.
"MR" Multi-Family Residential District.
c.
"PR" Planned Residential District.
d.
"CC" Commercial Corridor District.
e.
"PLI" Planned Light Industry and Business District.
f.
"PO" Planned Office and Business District.
2.
When an application for site plan approval is filed in conjunction
with an application for rezoning, the Commission shall submit the
conclusions of its review of the site plan in accordance with this
Section (approval, disapproval, modification or conditional approval),
together with its recommendation to the Board of Aldermen for its
action on the rezoning.
E.
Site Development Standards. In considering any application
for approval of a site plan, the Commission shall consider the following
factors:
1.
The relationship of proposed uses, functions, sites and buildings
within the development tract to each other;
2.
The relationship of proposed uses, functions, sites and buildings
within the tract to existing land uses and the permitted uses of adjoining
tracts in accordance with correct zoning;
3.
The provision and distribution of adequate parking facilities, including
off-street parking and loading areas, in accordance with the standards
contained in this Chapter;
4.
The provision of proper means of access to and from public roads,
including adequate access for fire-fighting vehicles and equipment,
and the impact of site access on the surrounding traffic flow and
pedestrian safety;
5.
The impact of projected vehicular traffic volumes;
6.
The provision of site amenities including landscaping and fences;
7.
The impact on neighboring properties;
8.
Compliance with all applicable provisions of this Chapter;
9.
Consistency with the Comprehensive Plan, any neighborhood, corridor
or supplemental plan (if applicable), and any other official planning
and development policies of the City;
10.
Whether the proposed use will cause undue impacts on the provision
of public services such as Police and fire protection, schools and
parks;
11.
Whether adequate utility, drainage and other such necessary facilities
have been or will be provided;
12.
The proposed use is compatible with the surrounding area;
13.
The proposed use will not adversely impact designated historic landmarks
or districts;
14.
Where a proposed use has the potential for adverse impacts, sufficient
measures have been or will be taken by the applicant that would negate,
or reduce to an acceptable level, such potentially adverse impacts.
Such measures may include, but are not necessarily limited to:
a.
Improvements to public streets, such as provision of turning lanes,
traffic control islands, traffic control devices, etc.;
b.
Limiting vehicular access so as to avoid conflicting turning movements
to/from the site and access points of adjacent properties and to avoid
an increase in vehicular traffic in nearby residential areas;
c.
Provision of cross-access agreement(s) and paved connections between
the applicant's property and adjacent property(ies) which would help
mitigate traffic on adjacent streets;
d.
Provision of additional screening and landscape buffers, above and
beyond the minimum requirements of this Chapter;
e.
Strategically locating accessory facilities, such as trash storage,
loading areas and drive-through facilities, so as to limit potentially
adverse impacts on adjacent properties while maintaining appropriate
access to such facilities and without impeding internal traffic circulation;
f.
Limiting hours of operation of the use or certain operational activities
of the use (e.g., deliveries); and
g.
Any other site or building design techniques which would further
enhance neighborhood compatibility.
15.
Any other factors relevant to the public health, safety and convenience
and general welfare of the residents of the City.
F.
Conditions And Restrictions.
1.
In approving a site plan application, the Commission may recommend
and the Board of Aldermen may impose conditions and restrictions and
the Board of Aldermen may vary the standards and prescribe development
standards within the range of such discretion as prescribed elsewhere
in this Zoning Code so long as the general intent of this Chapter
is carried out. In no event, however, shall any permitted use or use
regulations be varied so as to make them less restrictive than prescribed
in the applicable district regulations.
2.
If the Commission recommends and/or the Board of Aldermen imposes
conditions or restrictions, either or both shall designate specific
requirements which must be met before an applicant may be granted
final approval of a site plan, building permit and certificate of
occupancy.
3.
Failure to comply with any of these conditions or restrictions shall
constitute a violation of this Chapter punishable as provided in Section
405.510.
4.
After approval of the site plan by the Board of Aldermen and recording by the applicant, the City may require submittal of an improvement plan detailing all proposed public improvements. The improvement plan shall be processed and approved following the procedures set forth in Section 410.090. Improvement plans shall include, at a minimum, the following information:
a.
A cover sheet;
b.
Site grading plans;
c.
Sewer profiles;
d.
Storm sewer hydrolic calculations;
e.
Detention basin routing calculations;
f.
Estimates for public improvements/improvement guarantees;
g.
MSD approval;
h.
Drainage area maps;
i.
Construction details;
j.
Required fees as determined by the City; and
k.
Such other information as deemed necessary by the City.
G.
Site Plan Approval In Conjunction With Rezoning. In the
event the site plan or development plan was approved in conjunction
with a change of zoning and if substantial construction or development
has not been completed within twelve (12) months of the Board of Aldermen's
approval of the site plan and rezoning, the Board of Aldermen may,
on its motion or on a recommendation of the Commission, rezone the
property or any portion thereof to any one (1) or more of the zoning
districts that regulated the use of such ground immediately prior
to the approval of the zoning district classification and corresponding
site plan. A public hearing shall not be required for this rezoning;
however, the owner shall be notified of the proposed rezoning prior
to the introduction of any bill for such rezoning.
H.
Site Plan And Building And Occupancy Permits. The Building
Commissioner shall not, at any time, issue a building permit or issue
a certificate of occupancy for any building or structure within a
project that has undergone site plan approval unless the building
or structure is in substantial compliance with the site plan as approved
by the Commission. The approved site plan must have been recorded
by the applicant before issuance of a building permit.
I.
Staged Development. In the event a site plan shall provide
for the construction of a complex of buildings and site improvements
to be developed over an extended period of time, a detailed site plan
shall be submitted for review by the Commission in accordance with
this Section for each specific building project. Such detailed site
plan may be submitted in advance of or in conjunction with an application
for a building permit. Of primary importance in this review will be
a determination that the detailed site plan complies with the site
plan approval for the total development or project.
J.
Period Of Validity. No site plan approval shall be valid for a period longer than twelve (12) months from the date of the ordinance approving such site plan, unless within the twelve (12) month period a building permit is obtained and substantial construction is commenced. The Board of Aldermen may grant extensions not exceeding twelve (12) months each upon written request of the original applicant and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Board of Aldermen may in such cases attach new conditions to its reapproval or disapprove the resubmitted application. Where the application for reapproval contains changes which the Board of Aldermen concludes materially alter the initial application, it shall refer the application to the City who shall initiate a new site plan review procedure as stated in Subsection (C).
[Ord. No. 303 §§1 —
2, 2-26-2001; Ord. No.
370 §1, 5-20-2002; Ord. No. 570 §1, 7-21-2008]
A.
Purpose. In the past the commercial districts of the City
of Green Park ("City") have been developed in a haphazard, disjointed
fashion with little consistency throughout the districts(s). Certain
general regulations have prevented desirable development while a lack
of more detailed regulations has left the commercial corridor subject
to some inappropriate development. The City has developed an Initial
Comprehensive Plan ("Comprehensive Plan") to address and evaluate
all future redevelopment activities within the City's commercial districts.
Therefore, applications for "redevelopment" or "development" within
any of the City's commercial districts shall be subject to "development
plan" approval process set forth herein where specified circumstances
exist. It is the intent of this Section to authorize these "planned
uses" only where the location and circumstances are appropriate to
the use and a development plan is approved by the Board of Aldermen
for any use designated as a planned use. It is also the intent of
this Section to increase the flexibility of development design through
evaluation and approval of a redevelopment plan. Approval of a redevelopment
plan shall be considered a legislative act of rezoning. Any ordinance
approving a redevelopment plan shall be deemed to incorporate the
provisions of this Section.
B.
Development Plan Process — When Required — Procedure.
1.
The development plan process set forth in this Section shall be required
in the commercial district when the use is listed as a "planned" use
in the table of uses and any one (1) of the following situations is
proposed:
a.
New construction of buildings;
b.
Expansion of existing buildings in excess of ten percent (10%) of
the existing floor area;
c.
Any development or addition wherein a drive-through window is contemplated;
d.
Any development or expansion of a walk-up, drive-through establishment
or automotive convenience store; or
e.
A change to property that is already subject to an approved final
development plan.
2.
Procedure. Except as established by this Section, the procedures and requirements for filing, review and approval of a preliminary development plan shall be the same as those set forth in Section 405.420 (Zoning Changes and Amendments) for other amendments to zoning district regulations or boundaries.
C.
Preliminary Development Plans — Application, Contents And Submission
Requirements.
1.
A preliminary development plan shall be required for use, alteration or circumstances identified in Subsection (B). The preliminary development plan application constitutes a petition for amending the applicable zoning regulations to allow a more flexible but detailed plan.
3.
Plans shall be submitted containing or depicting the following information,
both existing and proposed:
a.
Location of buildings, other structures and lot arrangements.
b.
Any land areas within the 100-year floodplain or floodway and a preliminary
no-rise certificate, if applicable.
c.
Parking areas, drives and walks.
d.
Screening and buffering areas, open space and other amenities.
e.
Drainage patterns/watersheds (including the location and size of
retention basins, detention basins and drainage structures such as
culverts, paved or earthen ditches or stormwater sewers and inlets)
and preliminary stormwater collection/detention, sanitary sewer system
and water system plans.
f.
Water, sewer, storm and other utility systems and an analysis of
the demand for water service and discharge into the sanitary sewer
receiving system as well as a preliminary layout of water and sanitary
sewer system.
g.
Public and private streets, identifying arterials, collectors and
local streets; service and loading areas; points of access to public
rights-of-way; internal and external pedestrian and vehicular access
points; and any physical barriers (such as interstate highways).
h.
Any easements.
i.
Distance between all buildings, between buildings and property lines
and between all parking areas and property lines and other elements
of the plan.
j.
Location, massing and pattern of landscaping and vegetation.
k.
Streams, creeks and other bodies of water.
l.
Noise generation sources.
m.
Location of all required building and parking setbacks.
n.
Location, dimensions, number of stories and area in square feet of
all proposed buildings.
o.
Area of land on plan in square feet or acres.
p.
Limits, location, size and material to be used in all proposed retaining
walls.
r.
Lighting plan or study including the location, height, intensity and type of outside lighting fixtures for buildings and parking lots in compliance with Section 405.350(G)(5 — 6).
s.
Location, size and type of material of all proposed monument or freestanding
signs.
4.
Plans should also include one (1) or more maps of the area within
two hundred fifty (250) feet of the subject property that contains
the following:
a.
Any public streets/rights-of-way.
b.
Street and traffic patterns affecting the site.
c.
Any internal or external drives that exist or that are proposed that
impact access to the public right-of-way.
d.
Sufficient adjoining property information may be shown in general
location, shape and size (such as aerial or orthotopo maps). Single-
and two-family dwellings may be shown in approximate location and
general size and shape.
e.
The location and size of retention basins, detention basins and drainage
structures such as culverts, paved or earthen ditches or stormwater
sewers and inlets.
f.
Surrounding uses and adjacent properties.
5.
Color site renderings and exterior building sketches. The application shall include (1) preliminary site renderings showing
general layout of buildings, parking, drive aisles, landscaping, detention/retention
areas, open/green space and other significant features of the proposed
development, and (2) preliminary sketches depicting the general style,
size and exterior construction materials of the buildings proposed.
Where several building types are proposed on the plan, such as apartments
and commercial buildings, a separate sketch shall be prepared for
each type. Such sketches shall include elevation drawings, but detailed
drawings and perspectives are not required. For developments of more
than one (1) lot, a lot matrix shall be provided. Ten (10) color copies
of these renderings/elevations reduced onto eight and one-half (8½)
inch by eleven (11) inch paper shall be submitted with the application.
6.
Schedules. The development plan shall contain a
schedule indicating:
a.
Gross floor area and floor area ratio;
b.
Site area;
c.
Building and impervious surface coverage;
d.
Parking calculations (including number of handicapped, loading and
other spaces);
e.
Land use intensity/proposed zoning classification;
f.
Building setbacks; and
g.
Other quantities specified in the appropriate zoning district regulations.
7.
Phases of development. Phases of development must
be shown on the preliminary development plan, if applicable. If the
development will occur in phases, the applicant shall submit a development
plan that also displays the entire development at the completion of
all phases. The phased development shall have the phases clearly outlined
with expected dates for beginning of construction and date of completion
of construction. No building permit shall be issued for any phase
of development until a final redevelopment plan for that phase is
approved in accordance with the provisions of this Chapter.
8.
Statement of need for modification from district regulations. If the applicant is seeking a modification of the applicable zoning
district bulk, setback, area, size or density regulations, applicant
shall include a narrative statement explaining the need for such modification
in support of the application for the preliminary development plan
approval.
9.
At least one (1) copy of the proposed plan shall be reduced onto
eight and one-half (8½) inch by eleven (11) inch bond paper
or electronically in pdf format.
D.
Review Of Preliminary Development Plans.
1.
Criteria for approval. The Board of Aldermen shall
use the applicable zoning district regulations, the City's Comprehensive
Plan, as amended, and any supplements thereto as a guide for review
of the preliminary redevelopment plan. The Board of Aldermen may permit
modifications from the underlying district regulations. Use regulations,
however, shall not be modified to permit uses not otherwise permitted
by the Comprehensive Plan in the zoning district governing the property
or to which the applicant seeks rezoning. If the Board of Aldermen
imposes conditions or restrictions on a preliminary development plan,
it may designate specific requirements that must be met before an
applicant may submit a final redevelopment plan application. In considering
any preliminary development plan application, the Commission and the
Board of Aldermen may give consideration to the criteria stated below;
to the extent they are pertinent to the particular application. The
Commission and Board of Aldermen may also consider other factors relevant
to the particular application.
a.
Development is compatible with and incorporates standards and principles
contained in the City's Comprehensive Plan, any supplement thereto
and/or adopted regulations.
b.
The criteria governing the rezoning of property.
c.
Development is designed, located and proposed to be operated so that
the public health, safety and welfare will be protected.
d.
Development will not impede the normal and orderly development and
improvement of the surrounding property nor impair the use and enjoyment
or value of neighboring properties.
e.
Development incorporates adequate ingress and egress and an internal
street network that minimizes traffic congestion.
f.
The capability of the site to accommodate the building, parking and
drives with appropriate open space and safe and easy ingress and egress.
g.
The degree of harmony between the architectural quality of the proposed
building and the surrounding neighborhood.
h.
The appropriateness of the minimum dimensions and areas of lots and
yards set forth in the applicable zoning district regulations.
2.
Development plan in rezoning ordinance. If the preliminary
development plan application was submitted with an application to
change the zoning district category, any development plan approved
through the hearing process, concurrent with such application, shall
become part of the ordinance that amends the zoning district category
of the property.
3.
Duration of validity. The approved preliminary development
plan shall specify the duration of its validity, but in no event shall
an approved preliminary development plan be valid for a period longer
than twelve (12) months from the date of such approval. The Board
of Aldermen may grant one (1) extension not exceeding twelve (12)
months upon written request. The approval of a revised preliminary
development plan shall not automatically extend the time period during
which the preliminary development plan is valid.
E.
Final Development Plans — When Required. Approval
of a final development plan is required any time a preliminary development
plan is required. No building permit shall be issued for any structure
on the property until a final redevelopment plan is approved.
F.
Final Development Plans — Application Contents and Submission
Requirements.
1.
The number of copies of the final development plan shall be as required applications for rezonings, Section 405.420 of this Code and shall accompanied by all general application requirements.
2.
One (1) or more maps shall be submitted with the final development
plan that shows the following:
a.
All information and submission requirements for the preliminary development plan (Subsection (C) above).
b.
Finished grades or contours for the entire site (five (5) or two
(2) foot contour intervals may be required by the City, depending
on the site).
c.
All proposed and existing adjacent public street rights-of-way with
centerline location and the location of adjacent developments, alignment
and location of public and private driveways and streets, medians
and public and semi-public easements, including widths, curb cuts
and radii.
d.
Location, width and limits of all existing and proposed sidewalks.
e.
Location, size and radii of all existing and proposed median breaks
and turning lanes.
g.
Analysis and capacity of the sanitary sewer system.
h.
Conceptual utility plans.
i.
Conceptual approval from all interested jurisdictions, including
MSD and Mehlville Fire District, including the Metropolitan St. Louis
Sewer District ("MSD") and the Missouri Department of Natural Resources
("DNR") approval of any septic system, if applicable, and any other
applicable DNR and Corp of Engineers approvals.
3.
One (1) or more illustrations shall be submitted with the final development
plan showing the site and building elevations including the following:
a.
Elevations of all sides of proposed buildings including notation
indicating building materials and colors to be used on exteriors and
roofs.
b.
Size, location, color and materials of all signs to be attached to
building exteriors (sign package).
c.
Location, size and materials to be used in all screening of rooftop
mechanical equipment.
d.
General layout of buildings, parking, drive aisles, landscaping,
detention/retention areas, open/green space and other significant
features of the proposed development
4.
One (1) or more illustrations shall be submitted with the final development
plan showing dimensions and areas of all floors within proposed buildings.
5.
One (1) or more illustrations shall be submitted with the final development
plan showing landscaping and buffer area plans as required.
6.
The following shall be submitted in support of the application for
final redevelopment plan approval:
a.
Deeds of dedication for all rights-of-way or easements required as
a result of preliminary development plan approval, if conveyance thereof
is not to be made by plat or by the filing of the final development
plan pursuant to this Section.
b.
A copy of all covenants and restrictions applicable to the development,
if required by the terms of the preliminary development plan.
c.
Evidence of the establishment of the agency for the ownership and
maintenance of any common open space and all assurances of the financial
and administrative ability of such agency, if required by the terms
of the approved preliminary development plan.
d.
Evidence of satisfaction of any conditions of the preliminary development
plan approval that were conditions precedent to consideration of the
final development plan.
G.
Consideration Of Final Development Plans.
1.
No changes. A final development plan that contains
no changes or additions to the approved preliminary development plan
shall be approved by ordinance by the Board of Aldermen upon a determination
that all conditions of approval of the preliminary development plan,
if any, have been satisfied by the applicant and that all other submission
requirements have been satisfied.
2.
Minor changes. A final development plan that contains
minor changes to the approved preliminary development plan may be
approved by ordinance by the Board of Aldermen without a further public
hearing, provided that the Board of Aldermen determines that the proposed
change will not substantially alter the character, density and general
make-up of the development as approved by the preliminary development
plan and is otherwise consistent with the intent of the original approval.
3.
All other changes. A final development plan that
contains changes, other than minor changes, from the approved preliminary
redevelopment plan shall follow the procedure for application, submission
and consideration of preliminary development plan applications including
holding a public hearing.
H.
Expiration Of An Approved Development Plan. Final development
plan approval shall not be valid for a period longer than twelve (12)
months from the date of such approval, unless within such period a
building permit is obtained and substantial construction is commenced
and all additional building permits necessary to complete the project
as approved in the final development plan schedule are obtained in
a timely fashion, as determined by the City Administrator. The Board
of Aldermen may grant one (1) extension of no more than twelve (12)
months upon written request of the original applicant. An application
for extension of a final development plan may be granted if the application
is filed before the final development plan expires. Upon granting
an extension, the Board of Aldermen has the authority to attach new
conditions to the final development plan as it deems appropriate. "Substantial construction", as used in this Subsection,
shall mean completion of at least ten percent (10%) of the construction
in terms of the total expected cost of the project for which the permit
was issued.
I.
Recording Of Development Plans. Following the Board of Aldermen's
approval by ordinance of a final development plan, a copy of the final
development plan signed by the designated City Official shall be filed
by the applicant with the Recorder of Deeds of St. Louis County within
sixty (60) days. All filing fees shall be paid by the person who filed
the development plan application. The authorization for the use approved
by the development plan shall not become effective until a copy of
the recorded plan bearing its recordation notations shall be returned
and placed on file with the City Clerk. The statement shall be recorded
in accordance with the forms and procedures established by the City
and shall contain the following information:
1.
An accurate legal description of the property.
2.
A copy of the final development plan and a statement that the development
of the property shall be in compliance with the approved final development
plan and with any conditions attached to the approval of the approved
final development plan. All plans and conditions of approval shall
be kept on file with the Recorder of Deeds for public inspection.
3.
A statement that all elements of the final development plan and all
conditions of plan approval will be maintained by the property owner.
4.
A statement that the restrictions on redevelopment and the responsibility
for continuing maintenance and compliance with the final development
plan shall be binding upon all successors and assigns unless the plan
is amended in conformance with the procedures set forth in this Chapter.
J.
Abandonment Of Final Development Plans.
1.
A final development plan or a phase thereof shall terminate and be
deemed abandoned if:
a.
The landowner shall fail to commence development by failing to receive
a building permit or failing to undertake substantial construction
on the property after receiving a building permit within twelve (12)
months after receiving final development plan approval or a longer
period of time if an extension of the final plan has been granted
by the Board of Aldermen; or
b.
The landowner abandons the final plan or a phase thereof and notifies
the City in writing of the abandonment.
2.
Whenever a final plan or phase thereof has been abandoned as provided
in this Section, no development shall take place on the property until
a new final development plan has been approved.
K.
Amendment Of Approved Final Development Plans. An approved
final development plan may be amended under the following circumstances.
1.
Minor changes. A proposed amendment of a final development
plan that contains minor changes to the approved final development
plan may be approved without further action of the Planning Commission
or the Board of Aldermen or a public hearing, provided that the City
Engineer and City staff determines that the change(s) is a minor change
and that the landscaping, buffer area and screening plan is adequate,
that the proposed changes to the development will be compatible with
proposed and existing adjacent development and that all other submission
requirements have been satisfied. The phrase "minor changes", as used in this Subsection, shall mean changes that:
a.
Accommodate the building, parking and drives with appropriate open
space and safe and easy ingress and egress with no traffic congestion.
b.
Are compatible with the City's Comprehensive Plan, any supplement
thereto and/or adopted regulations and the criteria governing the
rezoning of property.
c.
Are consistent with the intent of the original approval.
d.
Are designed, located and proposed to be operated so that the public
health, safety and welfare will be protected and will not impair the
use and enjoyment or value of neighboring properties.
e.
Are architecturally consistent with and of a similar quality of the
proposed building and the surrounding neighborhood.
f.
Do not seek to modify the minimum dimensions and areas of lots and
yards set forth in the applicable zoning district regulations or the
approved final development plan.
2.
All other changes. A proposed amended final development
plan that contains changes, other than minor changes, from the approved
final development plan shall follow the procedure for application,
submission and consideration of final development plans and shall
include a public hearing before, and an amending ordinance by, the
Board of Aldermen.
3.
Explanation of changes. All applications for amendment
shall be accompanied by a narrative statement or rendering that describes
all changes to the approved plan the applicant is seeking including
a description of the existing site and how the site will appear after
the proposed change.
L.
Modification Of Zoning Map. Any approved final development
plan shall be reflected on the Zoning Map as an amendment of the district
by designation of "-P" after the district abbreviation of the district
in which the plan was approved (for example, an approved final development
plan in the "CC" District will be denominated as "CC-P").
M.
Improvement Plans. After approval of the final development plan by the Board of Aldermen and recording of the approved plan by the applicant, the applicant shall submit site improvement plans detailing all proposed public improvements. The site improvement plans shall be processed, approved and governed by the procedures set forth in Section 410.090. Site improvement plans shall include, at a minimum, the following information:
1.
A cover sheet;
2.
Site grading plans;
3.
Street and sewer profile sheets;
4.
Storm sewer hydraulic calculations;
5.
Detention basin routing calculations;
6.
Estimates for public improvements/improvement guarantees;
7.
MSD and other jurisdictional agency final approval;
8.
Drainage area maps;
9.
Construction details;
10.
Required fees as determined by the City; and
11.
Such other information as deemed necessary by the City.
[Ord. No. 370 §2, 5-20-2002; Ord. No. 570 §2, 7-21-2008]
A.
Purpose. Generally, no development plan approval is required simply by reason of a change in ownership or change in tenant occupancy of property when the existing or proposed use is a permitted use in the zoning district and the proposed use does not involve any alteration, expansion or other modification to the property or the exterior of the structure(s) thereon. However, if an owner (or owners) of property or the tenant(s) thereon ("applicant") propose a use of property that is not allowed in the zoning district in which the property is located, such a use may not be carried on absent either an amendment to the Zoning Code to allow the use or a change in zoning for the property to a district that allows the use. An applicant may also seek to modify the use regulations for the district in which the property is located through the development plan process (Section 405.460) as long as it will not violate the City's Comprehensive Plan. In other situations, the proposed use is allowed in the zoning district but only as a planned use. Thus, although, based on the proposed use of the existing structure and property, an evaluation of that use through the development plan process is necessary, such review, since it does not involve any changes to the physical features of the property or exterior of the structures, does not need the more detailed review of the development plan process set forth in Section 405.460. While all of the purposes for that Section apply, less review is often required for changes in tenancy or ownership when the applicant seeks to only to improve the interior of the existing structure(s). It is the purpose of this Section to allow a more focused review of the relevant circumstances surrounding an application to allow a use not otherwise permitted.
Therefore, applications for reoccupancy shall be subject to
this "limited development plan" approval process when specified circumstances
exist as set forth herein. It is the intent of this Section to authorize
these "planned uses" only where the location and circumstances are
appropriate to the use and a development plan is approved by the Board
of Aldermen. Approval of a limited development plan shall be considered
a legislative act of rezoning. Any ordinance approving a limited development
plan shall be deemed to incorporate the provisions of this Section.
Nothing herein shall foreclose an applicant from applying for a text
amendment to this Zoning Code to add the proposed use nor shall the
City be prohibited from deeming the application as being a petition
for a text amendment.
B.
Limited Development Plan Process — When Required.
1.
The limited development plan process set forth in this Section shall
be required in the commercial districts when an applicant proposes
a use that:
C.
Limited Development Plans — Application, Contents And Submission
Requirements.
1.
The limited development plan application constitutes a petition for
amending the applicable zoning regulations for the particular property
unless deemed otherwise by the Board of Aldermen and/or Planning and
Zoning Commission.
2.
The number of copies of the limited development plan shall be as required applications for rezonings, Section 405.420 of this Code, and shall be accompanied by all general application requirements including a review and processing fee of five hundred dollars ($500.00) to cover the City's administrative costs including the City's actual costs of publication of the public hearing. If the fee is insufficient to cover the actual costs of these administrative expenses, the City may require the applicant to reimburse the City for any shortfall as a condition precedent to issuance of an occupancy permit. Conversely, if the fee exceeds the amount needed to cover the actual costs of the City, the City shall refund the difference to the applicant within a reasonable time.
3.
The following information shall be submitted by the applicant:
a.
A verified application signed by the owner(s) of the property affected
and, if applicable, the tenant(s) (referred to as the "applicant")
seeking approval of the application;
b.
A limited development plan consisting of:
(1)
A detailed description of the proposed use of the property;
(2)
A sketch plan of the site (may be hand drawn) showing approximate
location of buildings, other structures and lot arrangements as well
as any proposed landscaping or exterior improvements and proposed
location and type of signage;
(3)
The approximate gross floor area of existing and proposed use;
(4)
A description of the expected parking needs;
(5)
Details of any proposed improvements to the property;
(6)
A description of the types of products to be sold or services
to be provided;
(7)
The proposed hours and days of operation;
(8)
The maximum number of employees;
(9)
The date on which the applicant proposes to begin the use;
(10)
A description of any other existing uses and/or tenants on the
property; and
(11)
A description of the uses of adjacent properties.
c.
Any State or St. Louis County licensing requirements for the proposed
use along with copies of all licenses obtained; and
d.
A written statement explaining the need for a change in the applicable
zoning district regulations to allow the applicant's proposed use.
The statement shall address the potential positive and negative impact
of the proposed use on the surrounding properties and uses.
e.
If the property contains more than one (1) tenant, the applicant
may, but is not required to, provide the City with letters from the
other tenants supporting the application.
4.
The applicant shall furnish the City with ten (10) copies of the
completed application and requested information.
5.
When there are other occupants currently engaged in other uses on
the property affected by an application, the City must determine whether
approval of a development plan will impact the other occupants, whether
the other occupants should be joined in the application and whether
a limited development plan is feasible for the property in light of
the number of other occupants/tenants and the various types of uses.
If the City determines that the limited development plan process is
not feasible for the particular situation, it may treat the application
as one for a text amendment.
D.
Review Of Limited Development Plans.
1.
Procedure. Because approval of the limited development plan will affect a change to the zoning district regulations and boundaries, except as established by this Section, the procedures and requirements for filing, review and approval of a limited development plan shall be the same as those set forth in Subsections (C) and (D) of Section 405.420 (Zoning Changes and Amendments) for other amendments to zoning district regulations or boundaries.
2.
Criteria for approval. The Commission and Board
of Aldermen shall use the applicable zoning district regulations,
the City's Comprehensive Plan, as amended, and any supplements thereto
as a guide for review of the preliminary redevelopment plan. The Commission
may recommend and the Board of Aldermen may permit modifications from
the underlying district regulations. Use regulations, however, shall
not be modified to permit uses incompatible with the Comprehensive
Plan in the zoning district governing the property or to which the
applicant seeks rezoning. The Commission may recommend, and the Board
of Aldermen may impose, conditions or restrictions on a limited development
plan if it determines that such are needed to ensure compliance with
the criteria. In considering any limited development plan application,
the Commission and the Board of Aldermen shall give consideration
to the criteria stated below to the extent they are pertinent to the
particular application:
a.
The use is compatible with and incorporates standards and principles
contained in the City's Comprehensive Plan, any supplement thereto,
the general purposes of the commercial zoning districts and/or adopted
regulations;
b.
The criteria governing the rezoning of property;
c.
The use is designed, located and proposed to be operated so that
the public health, safety and welfare will be protected;
d.
The use will not impede the normal and orderly development and improvement
of the surrounding property nor impair the use and enjoyment or value
of neighboring properties;
e.
The site has adequate ingress and egress and/or an internal street
network that minimizes traffic congestion;
f.
The capability of the existing site to accommodate the use, building,
parking and drives;
g.
The affect of the development plan on other tenants on the property
and the feasibility of approval in light of other uses on the property;
and
h.
Other factors relevant to the particular application.
3.
Development plan in rezoning ordinance. If the limited
development plan application was submitted with an application to
change the zoning district category, any development plan approved
through the hearing process, concurrent with such application, shall
become part of the ordinance that amends the zoning district category
of the property.
4.
Limitations on approval. If the circumstances so
require, the Board may limit its approval of the limited development
plan to the requested use by the particular applicant and condition
any subsequent property owner or tenant continuation of that use on
Board approval.
E.
Recording Development Plans. Within sixty (60) days of the
Board of Aldermen's approval by ordinance of a limited development
plan, the applicant shall file a copy of the limited development plan
signed by the designated City Official with the Recorder of Deeds
of St. Louis County. All filing fees shall be paid by the person who
filed the development plan application. The authorization for the
use approved by the development plan shall not become effective until
a copy of the recorded plan bearing its recordation notations shall
be returned and placed on file with the City Clerk. If not already
on the approved limited development plan, applicant shall also record,
along with the approved plan, a statement containing the following
information:
1.
An accurate legal description of the property.
2.
A statement that the use of the property shall be in compliance with
the approved limited development plan and with any conditions attached
to the approval of the approved limited development plan.
3.
A statement that all elements of the limited development plan and
all conditions of plan approval will be maintained by the property
owner and tenant.
4.
A statement that the restrictions on redevelopment and the responsibility
for continuing maintenance and compliance with the limited development
plan shall be binding upon all successors and assigns unless the plan
is amended in conformance with the procedures set forth in this Chapter.
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All plans and conditions of approval shall be kept on file with
the Recorder of Deeds for public inspection.
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F.
Abandonment Of Approved Limited Development Plans.
1.
An approved limited development plan shall terminate and be deemed
abandoned if:
a.
The owner and/or tenant (if applicable) shall fail to commence the
use by failing to receive a building permit or occupancy permit within
twelve (12) months after receiving limited development plan approval
or a longer period of time if an extension of the final plan has been
granted by the Board of Aldermen; or
b.
The owner or tenant abandons the site or use and notifies the City
in writing of the abandonment.
2.
Whenever a limited development plan has been abandoned as provided
in this Section, the property shall only be used for a permitted use
until a new limited development plan has been approved.
G.
Amendment Of Approved Limited Development Plans. An approved
limited development plan may be amended under the following circumstances.
1.
Minor changes. A proposed amendment of a limited
development plan that contains minor changes to the approved limited
development plan may be approved by the City Administrator without
further action of the Planning Commission or the Board of Aldermen
or a public hearing, provided that the City Engineer and appropriate
City staff determine that the change(s) is a minor change and that
the landscaping, buffer area and screening plan is adequate, that
the proposed changes to the development will be compatible with proposed
and existing adjacent development and that all other submission requirements
have been satisfied.
The phrase "minor changes", as used in this
Subsection, shall mean changes that:
a.
Accommodate the building, parking and drives with appropriate open
space and safe and easy ingress and egress with no traffic congestion.
b.
Are compatible with the City's Comprehensive Plan, any supplement
thereto and/or adopted regulations and the criteria governing the
rezoning of property.
c.
Are consistent with the intent of the original approval.
d.
Are designed, located and proposed to be operated so that the public
health, safety and welfare will be protected and will not impair the
use and enjoyment or value of neighboring properties.
e.
Are architecturally consistent with and of a similar quality to the
proposed building and the surrounding neighborhood.
f.
Do not seek to modify the minimum dimensions and areas of lots and
yards set forth in the applicable zoning district regulations or the
approved limited development plan.
2.
All other changes. A limited development plan that
contains changes, other than minor changes, from the approved limited
development plan shall follow the procedure for application, submission
and consideration of limited development plan applications generally.
3.
All applications for amendment shall be accompanied by a narrative
statement or rendering that describes all changes to the approved
plan the applicant is seeking including a description of the existing
site and how the site will appear after the proposed change.
H.
Modification Of Zoning Map. Any approved limited development
plan shall be reflected on the Zoning Map as an amendment of the district
by designation of "LP" after the district abbreviation of the district
in which the plan was approved (for example, an approved final development
plan in the "CC" District will be denominated as "CC-LP").
I.
After
approval of the plan, the City may require applicant to provide such
other information as is deemed necessary by the City.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Requirement. No building shall hereafter by constructed,
reconstructed or structurally altered, nor shall any such work be
started until a building permit for the work has been issued by the
Building Commissioner. The application for a building permit shall
be in the name of the person for whom the work or construction is
to be done. Building permits shall expire one (1) year after date
of issuance. Application for renewal must be made by the applicant
upon expiration unless substantial construction has been initiated
and is being pursued diligently toward completion.
B.
Application And Submission Requirements.
1.
The application shall be prepared on forms provided by the Building
Commissioner and available in his/her office. The application shall
be signed by the applicant and shall state his/her name and address.
2.
In addition to the specific requirements below, every application
for a building permit shall further comply with all applicable provisions
of the Building Code as well as pertinent Sections of the City's other
technical Codes. The Building Commissioner shall issue regulations
requiring such other information as may be necessary to determine
compliance of the application with this Chapter, and a copy of the
applicable provisions from the Building Code and said regulations
shall be available in the office of the Building Commissioner.
3.
All applications for building permits shall be accompanied by five
(5) copies of engineering and/or architectural plans and specifications
for commercial applications and five (5) copies for residential applications,
drawn to an appropriate scale. The plans shall be sufficiently detailed
to allow the determination of compliance with all relevant City Codes,
ordinances and regulations and shall show the proposed site improvements,
including all new construction, and reconstruction, structural alteration
or repair of existing structures. In addition, said plans shall indicate
the shape and dimensions of the lot to be built upon, the exact size
and location on the lot of existing structures and the lines within
which the buildings or structures shall be erected or altered, the
existing and intended use of each building or part of building, the
number of families the building is designed to accommodate if a residence
or apartment, the number of persons the building is designed to accommodate
for each separate use or non-residential function, and such other
information with regard to the lot and neighboring lots as may be
necessary to determine and provide for the enforcement of this Zoning
Code. Four (4) copies of such plans shall be returned to the owner,
upon approval, by the Building Commissioner.
4.
All dimensions shown on these plans relating to the location and
size of the lot to be built upon shall be related to known, accepted
street or property lines. The Building Commissioner may require that
the lot and the location of the building thereon shall be staked out
on the ground before construction is started.
5.
At the time an application for building permit is submitted, the
applicant shall pay the City a fee in accordance with the schedule
of fees established by the Board of Aldermen. Said fee shall be paid
in the office of the City Clerk.
6.
For any construction, reconstruction or structural alteration valued
at fifty thousand dollars ($50,000.00) or more, the Building Commissioner
shall not issue a building permit until a performance bond or escrow
agreement to cover the cost of completion of improvements has been
filed with the City Clerk in a form and with a company approved by
the City Attorney.
C.
Review Procedure.
1.
Building Commissioner. The Building Commissioner
shall review the application and determine that it complies with all
applicable submission requirements and all applicable City ordinances
relating to the development of land and shall return the application
with his/her recommendation to the City.
2.
In the event an application is refused by the Building Commissioner or his/her designee for the reason that the application fails to satisfy the applicable requirements of this Zoning Code and other City ordinances, the applicant may appeal to the Board of Adjustment in accordance with the provisions of Section 400.040 et. seq.
[Ord. No. 303 §§1 —
2, 2-26-2001; Ord. No.
521 §2, 2-20-2007; Ord. No. 836, 10-17-2022]
A.
Requirement. No person, firm or corporation shall occupy or reoccupy,
nor shall any owner or agent thereof permit the occupancy or reoccupancy
of any land, structure or building, or addition thereto or part thereof,
for any purpose until a certificate of occupancy has been issued by
the City as set forth herein.
1.
As used in this Section, the term "occupy" shall mean to put
a premises or structure to its intended use. The term "reoccupy" shall
mean the occupancy of a premises or structure by a new or different
user than the previous occupant. The terms "occupy" and "reoccupy"
shall include the movement of furniture, equipment, or other property
onto or into a premise or structure. A "change of occupancy" shall
mean to reoccupy an existing premise or structure. The term "occupancy
permit" shall include a permit to reoccupy a premises.
2.
Permit Required. Except as otherwise provided in the Zoning Regulations, no land shall be occupied, reoccupied, or used and no building shall be occupied, reoccupied, or used in whole or in part for any purpose whatsoever until an occupancy permit for such use, occupancy or reoccupancy is issued by the City, stating that the building and use comply with the provisions of Chapter 405 and the minimum property standards then in force pursuant to Chapter 500 of this Code of Ordinances. The use or occupancy of any premises or building or part thereof shall not be changed without an occupancy permit being issued therefor by the City. No permit shall be issued to make a change unless such changes are in conformity with the provisions of Chapter 405. It shall be unlawful for any person, either as owner, occupant, or agent for an owner or occupant, to occupy or reoccupy, or suffer or permit the occupancy or reoccupancy of, any premises or structure in the City without first obtaining an inspection and occupancy permit. Each dwelling unit in a multiple unit residential structure, and each separate use, tenancy, or unit in a commercial or industrial structure, shall require a separate occupancy permit.
3.
Application — Making False Statements Prohibited.
a.
Original occupancy permits shall be applied for concurrently with the application for a building permit (if applicable) and shall be issued after the lawful erection, reconstruction or alteration of the building is completed, inspected, and found to be in accordance with the provisions of Chapter 405 and Chapter 500.
b.
Application for a new or amended occupancy or reoccupancy permit
shall be made by the property owner or authorized agent for the owner
on forms intended for such purpose and filed with the City Administrator/Clerk.
c.
It shall be unlawful for any person to knowingly make any false
statement on an application for an occupancy permit.
4.
Amendment Of Occupancy Permit Required. Occupancy of a premise
or structure by one (1) or more occupants not named on the occupancy
permit then in force is prohibited unless an application for amendment
of the occupancy permit is filed and approved. No fee shall be charged
to amend an occupancy permit so long as such amendment does not constitute
a change of occupancy.
B.
Residential Property — Application And Submission Requirements/Process. Prior to occupancy of a residential dwelling, an occupancy or reoccupancy permit must be obtained as required under and pursuant to the following process (as set forth in the City's Property Maintenance Code adopted by and incorporated by reference in Section 500.020 of this Code of Ordinances of the City of Green Park):
1.
TYPE I UNITS
TYPE II UNIT COMPLEXES
TYPE II UNITS
Definitions.
Include single-family residential dwelling units in buildings
containing one (1) single-family dwelling unit and accessory structures,
as well as each single-family residential dwelling unit in a building
containing two (2) single-family residential dwelling units (some
of which may also be known as "duplexes") plus any accessory structures
and includes residential dwelling units which are units of condominiums
under Chapter 448, RSMo.
Are collections of Type II units in the same building or
adjacent buildings, under common ownership.
Include each single-family residential dwelling unit which
is not a Type I dwelling unit. This includes, but may not be limited
to, dwelling units, which are in apartment complexes or in other buildings
containing three (3) or more single-family residential dwelling units.
2.
Type I And II Units. No person shall occupy or permit the occupancy
or reoccupancy of any Type I or Type II unit which the owner does
not occupy unless an occupancy or re-occupancy permit has been issued
for said person's occupancy of that unit by the Code Official
and the permit is available for inspection at the unit. A re-occupancy
permit is required for each change of occupancy of a Type I or Type
II unit wherein an owner will not occupy the unit.
3.
Type II Unit Complexes. No occupancy or re-occupancy permit
shall be issued for a Type II unit which the owner does not occupy
unless a pre-occupancy permit has been issued for the Type II unit
complex within which the unit is located.
4.
New (Not Previously Occupied) Type I And Type II Units. An occupancy permit shall be issued for a newly constructed Type I or a Type II unit after structures have received all final construction approvals as required by the applicable building code adopted by and incorporated by reference in Chapter 500 of this Code of Ordinances and a certificate of occupancy is issued pursuant to that code. The occupancy permit issued under this code shall indicate the number of persons permitted to reside in the unit and the name of each person for whom occupancy is authorized. The permit shall be amended without additional charge upon the applicant's request, for up to ninety (90) days after its issuance, to name additional occupants as otherwise permitted. Exception: Display homes for a subdivision, and homes constructed on speculation by the builder, shall not require an occupancy permit until first occupancy by an owner other than the builder.
5.
Disclosure Of Occupancy Permit Requirement Upon Conveyance Or
Rental. Every person who conveys or rents property (including, in
addition to the conveyor or landlord, any person or firm responsible
for management of the property), and every real estate agent or broker,
attorney, or person acting on behalf of a person who conveys or rents
property within the City, shall disclose in writing to the person(s)
or entity(ies) to whom the property is being conveyed or rented that
the property is subject to the requirements of this Chapter and that
occupancy and re-occupancy permits shall be required from the City
of Green Park for single-family residential dwelling units. Written
disclosure shall be made prior to execution of any written contract
for conveyance or rental of the property, or prior to conveyance or
rental if no written contract is executed.
C.
Commercial Property — Application And Submission Requirements.
1.
Whenever the sale of a building results in a change in the occupant,
or whenever premises are rented to an occupant, or whenever there
is a change of use of the premises, the occupant shall be required
to apply for a certificate of occupancy which shall be issued only
after the City determines that the land, structure or building, or
addition thereto or part thereof, is in compliance with the provisions
of this Chapter and all other applicable ordinances and regulations
of the City or any other public entity having jurisdiction over some
aspect of the development (fire protection, sewers, etc.).
2.
An application for a certificate of occupancy shall be filed
in the office of the City Clerk. At the time the application is filed,
the applicant shall pay the requisite fee. Notice of such charges
shall appear on all occupancy permit applications.
3.
A certificate of occupancy may be issued upon application by
a landlord or owner of property, and the City or its agent or representative
may make periodic inspections of such property.
4.
The certificate of occupancy so issued shall state that the
occupancy complies with this Chapter and all other applicable provisions
of the Code of Ordinances, including, but not limited to, the Building
Code and all other safety codes and laws of the State.
D.
Fees. The fees for occupancy inspections and permits required by this Subsection shall be as set forth in Section 400.120 (Fees Established).
E.
Certificates Not A Warranty. In issuing a certificate of occupancy,
the City does not intend to, nor does it warrant, insure, or guarantee
to the holder thereof, to his or her assignee or to any other person,
that there are no violations of any provision of this or any other
ordinance. The City makes no warranty or representation, whatsoever,
as to the condition of any building.
F.
Cure of Violation; Revocation. If the occupant fails to comply with an obligation of this Section and applicable building codes, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured. In addition to the above or any penalties provided in Chapter 400, Article IV, upon failure to cure, the City Administrator may revoke the certificate of occupancy if the owner or occupant's use of the property violates an ordinance, regulation, or code of the City of Green Park or the laws of the State of Missouri, or if the applicant for an occupancy permit is found to have failed to truthfully complete the application for occupancy or update same as required herein. In addition to proceeding in the Municipal Court, nothing herein shall be construed to limit the authority of the City to also pursue equitable or legal remedies, abatement, or other remedies available to the City. Upon the revocation of the occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property.
[Ord. No. 303 §§1 —
2, 2-26-2001; Ord. No.
498 §1, 6-19-2006]
A.
Whenever
the provisions of this Chapter require notice and hearing and do not
set forth specific notice requirements, the procedure herein shall
govern.
B.
Time Of Publication, Content. It is the responsibility of
those officials conducting the hearing to see that at least fifteen
(15) days' notice of the time and place of the hearing is published
in a newspaper of general circulation in the City of Green Park. The
notice shall state the time and place of the hearing and the subject
matter of the hearing. When applicable, the notice shall also state
where copies of reports, documents, applications, plans or other relevant
materials will be accessible for examination by interested persons
prior to the hearing. With regard to applications for rezoning and
conditional use permits, the City Clerk shall, at the applicant's
expense, send a copy of such notice by first class mail to all property
owners shown by the real property tax records within one hundred eighty-five
(185) feet of the boundaries of the area. It shall be the applicant's
responsibility to provide the City with the list of property owners.
C.
Record Of Proceeding. When required by law, the official
or officials holding the hearing shall provide for maintaining a record
of the hearing and for taking statements, evidence and testimony.
D.
Posting Notice. In addition to publishing notice, the City
Clerk shall cause a copy of the notice to be posted on the subject
premises or property or City block and at City Hall. The notice, as
posted, shall contain a caption in large letters stating the nature
of the proposed action.
