[R.O. 2008 §280.120; Ord. No. 2521 §2, 7-22-2014]
The special permit procedure provides a basis for the City to
determine the suitability of certain specified uses under prescribed
conditions. These uses are not permitted uses except as otherwise
determined to be suitable and compatible by the Commission and City
Council through the procedures prescribed herein. The City reserves
the full discretion to deny any such application or to revoke any
such approval based upon a finding that an established special permit
usage has become unsuitable and incompatible with its surroundings
or that the conditions of approval are not being observed.
[R.O. 2008 §280.122; Ord. No. 2521 §2, 7-22-2014]
A.
An
application and supporting documents may be filed for a special permit:
1.
For any use allowed in any zoning district by special permit.
2.
Temporary buildings, subject to such conditions as may be stipulated
by the Council for the maintenance of minimum standards for the public
health, safety and general welfare. Said special permit shall be limited
to a period of six (6) months subject to renewal after reapplication.
[R.O. 2008 §280.124; Ord. No. 1808 §1, 3-8-1994; Ord. No. 2521 §2, 7-22-2014]
A.
Submission Procedures. The submission requirements of Section 400.1080 of this Chapter shall apply to all applications for initial approval of a special use permit and for amendment or modification of a special use permit issued previously. The filing fee shall be as set forth in the City ordinances.
B.
Review Procedures. For all applications for approval of a special use permit, the review and approval procedures of this Article and Section 400.1090(D) of this Chapter shall apply.
C.
Amendment Procedures.
1.
For all applications for approval of an amendment to a special use permit or modification of one (1) or more conditions thereof, the review and approval procedures of Section 400.1090(D) shall apply, except that the review and approval procedures of Section 400.1090(B) shall apply where the Commission determines that:
a.
A proposed modification will not increase the gross floor area
of an approved special use by more than twenty percent (20%); and
b.
A proposed modification will not require installation of additional parking spaces or loading spaces under Article XIV of this Chapter; and
c.
After considering the environmental impact of the proposed modification upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 of this Chapter, a proposed modification will not negatively impact the surrounding built and natural environment.
2.
Upon reaching a decision to approve or disapprove any application for a special use permit amendment or modification reviewed under procedures of Section 400.1090(B), the Planning and Community Design Commission shall promptly notify the City Council in writing of the decision and of any conditions imposed.
[Ord. No. 2521 §2, 7-22-2014]
A.
This Section provides site planning and development standards for
land uses that are allowed by special permit use so as to mitigate
their potential adverse impacts.
B.
General Conditions For Special Permit Uses. In reviewing
a petition for a special permit use, the Commission may recommend
to the City Council conditions to protect the area surrounding the
proposed use and to preserve the basic purpose and intent of the underlying
zoning district. These conditions may include, but are not limited
to, the following:
1.
The proposed land use is listed as a special permit use in the
underlying zoning district;
2.
The use and location is consistent with the goals and objects
of the strategic plan;
3.
The parcel in which the special permit use is proposed is suitable
for the proposed use considering its size, shape, location, topography,
existence of improvements and natural features;
4.
The special permit use will not alter the architectural character,
traffic circulation, or site and building connectivity of the surrounding
area in a manner which limits, impairs or prevents the access and
use of surrounding properties for the permitted uses listed in the
underlying zoning district;
5.
Efforts to mitigate any potential spillover effects generated
by the special permit use, including, but not limited to:
a.
Placement, height, or size of buildings and structures;
b.
Location and number of vehicle access points;
c.
Increasing the width of any adjacent roads;
d.
The number of required off-street parking or loading spaces;
e.
The number, size, location or lighting of signs; and
f.
Noise from traffic and other activities associated with the
use.
6.
The right to:
a.
Require visual buffering of buildings, parking, traffic, and
other activities associated with the use in excess of the minimum
fencing, screening, or landscaping required under this Code;
b.
Prescribe exterior finish for buildings or additions thereto;
c.
Designate areas and prescribing improvements for open space;
d.
Prescribe a time limit within which to fulfill any established
conditions; and
e.
Consider the adequacy of public facilities and services existing
or planned for the area affected by the use.
C.
Location. In addition to the standards in this section,
the following uses shall have the following location restrictions.
1.
Uses.
a.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447),
except those classified as 447190 Other gasoline stations, including
truck stops.
b.
Limited service restaurants (NAICS 7222) and Snack and nonalcoholic
beverage bars (NAICS 722213) with a drive-through window.
c.
Dry cleaning and laundry services (except coin-operated) (NAICS
81232) with a drive-through window.
d.
Stand-alone ATM or kiosk.
2.
Location restrictions.
b.
Property grounds must have either direct access or cross access
to a signalized street intersecting with Olive Boulevard.
c.
Unless developed on the same property grounds, no use classified
under this section shall be located less than one thousand three hundred
twenty (1,320) feet (1/4 mile) from another similar use on the same
side of the street unless separated by a dedicated public or private
street with a minimum width of thirty (30) feet.
D.
Minimum Land Area Requirements. The following uses
shall have the following minimum land area requirements:
1.
Uses.
a.
Automobile parts, accessories, and tire stores (NAICS 4413).
b.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447),
except those classified as 447190 Other gasoline stations, including
truck stops.
c.
Beer, wine, and liquor stores (NAICS 4453).
d.
Motion-picture theaters (except drive-ins) (NAICS 512131).
e.
Outpatient care centers (NAICS 6214), except 62142 outpatient
mental health and substance abuse centers; and medical and diagnostic
laboratories (NAICS 6215); and individual and family services (NAICS
6241).
f.
Nursing care facilities and community care facilities for the
elderly (NAICS 6231 and 6233).
g.
Child day-care services (NAICS 6244).
h.
Amusement parks and arcades (NAICS 7131); bowling centers (NAICS
71395); and all other amusement and recreational services (NAICS 71399).
i.
Hotels (except casino hotels) and motels (NAICS 72111).
j.
Full-service restaurants (NAICS 7221).
k.
Limited service restaurants (NAICS 7222) and snack and nonalcoholic
beverage bars (NAICS 722213).
l.
Drinking places (alcoholic beverages) (NAICS 7224).
m.
Automotive repair maintenance (NAICS 8111).
n.
Dry cleaning and laundry services (except coin-operated) (NAICS
81232) with a drive-through window.
o.
Any use with a drive-through window (except permitted uses under
NAICS 522).
p.
Stand-alone ATM or kiosk.
2.
Minimum land area requirements.
a.
All facilities under this Section shall be located on a development
area of no less than eighty thousand (80,000) square feet.
b.
Except for facilities under this Section that are standalone
facilities, in no case can the combined square footage of all facilities
under this Section on one (1) site exceed twenty-five percent (25%)
percent of the gross leasable area of the parcel located.
E.
Access and Traffic. The following uses shall have
the following access and traffic report requirements:
1.
Uses.
a.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447),
except those classified as 447190 Other gasoline stations, including
truck stops.
b.
Beer, wine, and liquor stores (NAICS 4453).
c.
Motion-picture theaters (except drive-ins) (NAICS 512131).
d.
Limited service restaurants (NAICS 7222) and snack and nonalcoholic
beverage bars (NAICS 722213) with a drive-through window.
e.
Dry cleaning and laundry services (except coin-operated) (NAICS
81232).
f.
Any use with a drive-through window.
g.
Stand-alone ATM or kiosk.
2.
Access.
a.
Property grounds must have full access to a public or private
street other than Olive Boulevard. Access to another public or private
street on an adjoining property provided via a public cross access
easement, with a minimum width of twenty-two (22) feet, is permitted.
b.
Property grounds must provide an internal twenty-two-foot public
cross access easement to all adjacent properties, except properties
zoned single-family residential.
c.
Property grounds may contain only one (1) full access point
off of Olive Boulevard; all others access points to the property grounds
that are along Olive Boulevard are limited to right-in, right-out
only.
3.
Traffic report. A traffic report must be submitted
that at a minimum includes the following:
F.
Drive-Through And Stand-alone ATM Or Kiosk.
1.
Design and layout.
a.
Drive-Through windows shall not be located on any elevation
facing Olive Boulevard.
b.
Only one (1) full menu board and one (1) accessory board per
drive aisle lane shall be permitted.
c.
No temporary signage shall be permitted on site.
d.
Additional landscaping and buffering shall be provided to minimize
any noise activities when the drive-through window or menu boards
are located within fifty (50) feet from residentially zoned property.
e.
Each menu board shall have a dedicated vehicle stacking space
to accommodate no less than five (5) cars separate from any parking
stalls or drive aisles.
f.
There shall be at least two (2) vehicle stacking space between
the menu board and any drive-through window.
g.
There shall be at least two (2) vehicle stacking space between
any drive-through windows.
3.
Placement.
a.
Each entrance to a drive aisle and the direction of traffic
flow shall be clearly designated by signs and/or pavement markings.
b.
Pedestrian walkways should not intersect the drive aisles to
the extent possible. Where they do, they shall have clear visibility
and be emphasized by enhanced paving or markings.
c.
The provision of drive-through service facilities shall not
justify a reduction in the number of required off-street parking spaces.
4.
ATM and kiosk design.
a.
All construction and modifications to the exterior of the structure
pertaining to the installation of the ATMs shall be completed in a
manner consistent with the architectural design of the structure and
in conformance with all applicable City architectural standards and
guidelines.
b.
Each exterior ATM shall be provided with security.
c.
Each ATM shall be provided with receptacles sufficient in size
and number to accommodate trash and smoking materials generated by
users of the ATM.
G.
Additional Conditions By Special Permit Use.
1.
Automobile parts, accessories, and tire stores (NAICS
4413).
a.
No auto repair or installation of parts or accessories shall
occur in conjunction with the auto parts and accessories store.
2.
Convenience stores (NAICS 44512), gasoline stations
(NAICS 447), except those classified as 447190 other gasoline stations,
including truck stops.
a.
The selling alcoholic beverages shall be subject to the following:
(1)
No advertisement of alcoholic beverages shall be
displayed at motor vehicle fuel islands.
(2)
No illuminated advertising for alcoholic beverages
shall be located on buildings, windows, doors, or freestanding signs.
(3)
No more than twenty-five (25%) percent of overall
sales, excluding gasoline sales, can be alcohol related.
(4)
No more than twenty-five (25%) percent of floor
area can be dedicated to alcohol displays.
b.
An automatic carwash may be incorporated as an accessory function
on the site subject to the following:
(1)
Hours of operation may be limited if the property
grounds abut any adjacent property use for residential purposes.
(2)
A sound study shall be provided noting the decibel
levels within five-foot increments.
(3)
At the point that the sound decibel associated
with the carwash exceeds seventy-five (75) dlbs, there shall be a
minimum fifty (50) feet of setback from the nearest property line.
3.
Beer, wine, and liquor stores (NAICS 4453).
4.
Motion-picture theaters (except drive-ins) (NAICS 512131).
a.
Fifteen percent (15%) of required parking has to be secured
off-site in the form of a legal agreement with adjacent properties.
5.
Veterinary services (NAICS 54194) and pet care (except
veterinary) services (NAICS 81291).
a.
Operations.
(1)
All activities shall be conducted within a completely
enclosed building.
(2)
A dedicated area of no less than six hundred (600)
square feet located outside of the front yard setback or rear yard
buffer for outdoor animal activities shall be provided. Said area
shall be enclosed by an ornamental fence approved by the Commission.
(3)
Outdoor dog runs and training activities are permitted
only when such facilities are located outside any required residential
buffer.
(4)
Use of the outdoor play areas shall be limited
to the hours of 8:00 A.M. to 6:00 P.M. only.
7.
Amusement parks and arcades (NAICS 7131); bowling centers
(NAICS 71395); and all other amusement and recreational services (NAICS
71399).
a.
All facilities shall be accessory to any development containing
a motion-picture theater (NAICS 512131), other arts and entertainment
facilities, or a hotel.
8.
Drinking places (alcoholic beverages) (NAICS 7224).
a.
All facilities shall be accessory to any development containing
a motion-picture theater (NAICS 512131), other arts and entertainment
facilities, or a hotel.
9.
Automotive repair maintenance (NAICS 8111).
[Ord. No. 2556 §2, 8-11-2015]
b.
Operations.
(1)
All repairs shall be performed within a building.
(2)
All vehicles awaiting repair shall be screened
from view by a masonry wall or approved landscape screen.
(3)
Dismantling of vehicles for purposes other than
repair is prohibited.
(4)
Vehicle parking or loading and unloading shall
only occur onsite and not in adjoining public streets or alleys.
(5)
Vehicles shall not be stored at the site for purposes
of sale (unless the use is also approved as a vehicle sales lot).
(6)
Damaged or wrecked vehicles shall not be stored
for purposes other than repair.
(7)
Any vehicle rental activities conducted on the
site grounds shall be limited solely to customers being serviced on
the site grounds.
(8)
All outdoor/open storage of materials shall be
limited to:
(a)
In the "COR" District, a maximum area of one hundred
fifty (150) square feet and shall be enclosed by a six-foot-high solid
decorative masonry wall.
(b)
In the "LID" District, a maximum area not to exceed
twenty percent (20%) of the lot area and shall be enclosed by a masonry
wall or approved landscape screen.
(9)
Used or discarded automotive parts or equipment
shall not be located outside of the main structure unless located
within an approved outdoor storage area.
(10)
Driveways and service areas shall be maintained
and kept free of oil, grease, and other petroleum products in addition
to litter. These areas shall be periodically cleaned with equipment
that dissolves spilled oil, grease, and other petroleum products without
washing them into the drainage, gutter, and sewer system.
(11)
Additional conditions (e.g., hours of operation,
sign regulations, structure materials and design) may be imposed as
deemed reasonable and necessary to protect the public health, safety,
and general welfare of the community.
c.
Building and site design.
(1)
All structures shall be sufficiently soundproofed
to prevent a disturbance or a nuisance to the surrounding properties.
(2)
Outdoor storage and display shall be subject to
the conditions set forth under this Article.
(3)
All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting, of Chapter 428, Community Design — Olive Boulevard Corridor.
(4)
All body-damaged or wrecked vehicles awaiting repair
shall be effectively screened so as not to be visible from surrounding
properties of the same elevation.
(5)
A refuse storage area:
(a)
In the "COR" District, completely enclosed with
a masonry wall not less than five (5) feet high with a solid gated
opening, and large enough to accommodate standard sized commercial
trash bins, shall be located to be accessible to refuse collection
vehicles.
(b)
In the "LID" District, completely enclosed within
an approved screen wall not less than five (5) feet high, and large
enough to accommodate standard sized commercial trash bins, shall
be located to be accessible to refuse collection vehicles.
10.
Outdoor dining.
a.
Definition. As used in this Section, an outdoor dining area
consisting of ten (10) or more seats located on the public sidewalk
or private property where patrons may consume food and/or beverages
provided by an adjacent food service establishment. The establishments
may either provide table service in the outdoor dining area or sell
take-out items consumed in the outdoor dining area.
[Ord. No. 2608, 5-23-2017]
b.
The outdoor dining area shall be located directly adjacent to
the food service establishment which it serves.
c.
When located immediately adjacent to a residential use, provisions
shall be made to minimize noise, light, and odor impacts on the residential
use.
d.
Tables shall be placed only in the locations shown on the approved
site plan.
e.
The hours and days of operation on the outdoor dining area shall
be identified in the approved special permit use.
f.
Outdoor dining areas shall be kept in a clean condition and
free of litter and food items which constitute a nuisance to public
health, safety and welfare.
g.
Illumination for outdoor dining areas shall be installed to
prevent glare onto, or direct illumination of, any residential property
or use.
h.
All outdoor dining areas shall include some landscaping. A landscape
plan for the outdoor dining area may include the use of planter boxes
and permanent vegetation.
i.
Outdoor dining areas and associated structural elements, awnings,
covers, furniture, umbrellas, or other physical elements shall be
compatible with the overall design of the main structures.
j.
The use of awnings, plants, umbrellas, and other human scale
elements is encouraged to enhance the pedestrian experience if applicable.
k.
Outdoor dining areas shall not inhibit vehicular or pedestrian
traffic flow.
l.
Amplified sound and music may be prohibited within the outdoor
dining area.
m.
A sound buffering, acoustic wall may be required along property
lines adjacent to the outdoor dining area.
11.
Outdoor storage and outdoor displays.
a.
Location. The storage shall:
(1)
Not comprise more than ten percent (10%) of the
total gross land area of the subject parcel;
(2)
Be paved in compliance with City standards;
(3)
Not be located within a required off-street parking
or loading area; and
(4)
Be placed to avoid obstruction of structure entrances
and on-site driveways.
b.
Enclosure.
(1)
All outdoor storage areas shall be completely enclosed
by a solid masonry wall and solid gate, subject to the following:
(2)
All outdoor display areas shall be subject to the
following:
(a)
Kept within a defined and fixed location that does
not disrupt the normal function of the site or its circulation, and
does not encroach upon driveways, landscaped areas, or parking spaces;
(b)
Not obstruct traffic safety sight areas or otherwise
create hazards for vehicle or pedestrian traffic;
(c)
Placed so as not to impede or interfere with the
reasonable use of the store front windows for display purposes;
(d)
Permit no less than six (6) feet of unobstructed
identifiable pedestrian perimeter; and
(e)
Dedicated display area shall be identified at the
time of site plan review.
c.
Operations. All raw materials, equipment, or
finished products stored shall:
(1)
Be directly related to a business occupying a permanent
structure on the same site, and shall display only goods of the primary
business on the same site.
(2)
Be limited to the hours of operation of the business
and portable and removed from public view at the close of each business
day.
(3)
Be managed so that display structures and goods
are maintained at all times in a clean and neat condition, and in
good repair.
(4)
Be stored in a manner that they cannot be blown
by wind from the enclosed storage area.
(5)
Not be stored above the height of the enclosing
wall.
(6)
Not be placed outside the enclosed storage area,
except for displays.
(7)
If abutting a residential zoning district, only
be accessed between 8:00 A.M. and 10:00 P.M. to avoid being a nuisance
to neighbors.
12.
Lessors of mini warehouses and self-storage units (NAICS
531130) — in the "L1" Light Industrial District..
[Ord. No. 2539 §2, 12-9-2014; Ord. No. 2608, 5-23-2017]
b.
Operations.
(1)
On-site public access shall be limited between
the hours of 7:00 A.M. and 10:00 P.M.
(2)
Vehicle parking or loading and unloading shall
only occur on-site and not in adjoining public streets or alleys.
(3)
All vehicles stored on site shall display a current
license plate from the state in which the vehicle is registered.
(5)
No outdoor storage shall exceed a height of twenty
(20) feet.
c.
Building and site design.
(1)
Mini warehouses and self-storage units may only
be accessed from within a building interior.
(2)
Except for emergency egress doors, no access point
to a building housing mini warehouses and self-storage units may face
a public or private right-of-way.
(3)
Buildings housing mini warehouses and self-storage
units must maintain a seventy-five-percent-masonry exterior finish.
(4)
All fence enclosures shall consist of ornamental
iron fencing or a combination of iron fencing or masonry walls. (This
means that the use of chain link or wooden finish fencing is prohibited.)
(5)
Exterior lighting controls. All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting, of Chapter 428, Community Design-Olive Boulevard Corridor.
(6)
Follows the landscape design criteria set forth in Section 428.540(A) of the Olivette Municipal Code. In the case of existing landscaping, preservation of existing and viable planting is encouraged and acceptable as stated in Section 428.530(A)(8)(a).
13.
(NAICS 531130) Lessors of miniwarehouses and self-storage
units – in the "COR" Commercial/Office/Retail District:
[Ord. No. 2608, 5-23-2017]
b.
Operations:
(1)
On-site public access shall be limited between the hours of
7:00 a.m. and 10:00 p.m.
(2)
One, and no more than one, on-site residence shall be provided.
(3)
The required on-site residence shall be occupied by an individual
associated with the facilities.
(4)
Loading and unloading of storage items shall take place inside
the building.
(5)
No vehicles may be warehoused or stored on the exterior site
grounds.
(7)
Storage of materials:
(a)
All materials, items, and storage shall be limited to items
solely compliant with Storage Group S as defined under Section 307
of the 2015 International Building Code, except bulk storage of tires
is prohibited.
(b)
All materials, items, and storage in the quantities classified
in High Hazard Group H storage as defined under Section 307 of the
2015 International Building Code are prohibited.
c.
Building and site design:
(1)
Miniwarehouses and self-storage units may only be accessed from
within a building interior.
(2)
All fence enclosures shall consist of ornamental iron fencing
or a combination of iron fencing or masonry walls. (This means that
the use of chain link or wooden finish fencing is prohibited.)
(3)
Exterior Lighting Controls. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting of Chapter 428, Community Design-Olive Boulevard Corridor.
(4)
Follows the Landscape Design Criteria set forth in Section 428.540(A) of the Olivette Municipal Code. In the case of existing landscaping, preservation of existing and viable planting is encouraged and acceptable as stated in Section 428.530(A)(8)(a).
14.
Food services without drive-thru service in a Shopping Center,
including:
[Ord. No. 2655, 2-26-2019]
|
•
|
Full-service restaurants (NAICS 7221).
|
|
•
|
Limited service restaurants (NAICS 7222) and snack and non-alcoholic
beverage bars (NAICS 722213).
|
|
A Special Permit may be authorized to permit up to twenty percent
(20%) of a Shopping Center gross floor area to be used for food services
subject to the following conditions:
| |
|
•
|
The lot area of the Shopping Center is one hundred twenty thousand
(120,000) square feet or more.
|
|
•
|
The floor area of the Shopping Center is in excess of fifty
thousand (50,000) square feet.
|
[Ord. No. 2349 §3, 10-23-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
The City's Public Services Director or such other person
designated to administer and enforce this Chapter.
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment; provided
however, that facilities shall not include individual service drops
of one hundred (100) feet or less, temporary construction facilities
or private sewer laterals.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit in addition to any
other building permit, license, easement, franchise or authorization
required by law. The Director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director determines in his/her discretion to be
necessary and consistent with the provisions of this Chapter and to
accomplish the purposes of this Chapter. Each application shall at
minimum contain the following information, unless otherwise waived
by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
On receipt of an application for a new or expanded facilities installation,
the Director shall provide written notice of the proposed work and
location to the owner of the property on which the new or expanded
facilities are proposed and to the owners of all adjoining properties.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days.
b.
Unless the application is denied pursuant to Subsection (B)(3)(e) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Chapter and all other City ordinances.
The Director may establish procedures for bulk processing of applications
and periodic payment of fees to avoid excessive processing and accounting
costs.
c.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sightlines
or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes,
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
d.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
e.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Chapter
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit requirements.
a.
Each facilities permit issued by the Director shall include:
(1)
Projected commencement and termination dates for the permitted
work;
(2)
The location of any proposed and existing facilities and a description
of the work to be performed;
(3)
Such conditions and requirements as are deemed reasonably necessary by the Director as provided in Section 400.1225(B)(3)(c); and
(4)
Such other information as the Director deems appropriate.
b.
Work shall be performed only in accordance with the facilities permit
and in compliance with all applicable technical codes. At all times
during the work, the facilities permit shall be conspicuously displayed
at the work site and shall be available for inspection by the Director.
5.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Chapter.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Chapter;
(2)
An evasion or attempt to evade any material provision of the
permit or this Chapter or the perpetration or attempt to perpetrate
any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances, including, but
not limited to, this Chapter, provided that City standards are no
more stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Chapter and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
6.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Manager within five (5) business days
thereof. The appeal shall assert specific grounds for review and the
City Manager shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the Director. The City Manager may extend this
time period for the purpose of any investigation or hearing deemed
necessary. A decision affirming the Director's determination shall
be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Manager may file a petition for review pursuant to Chapter
536, RSMo., as amended, in the Circuit Court of the County of St.
Louis. Such petition shall be filed within thirty (30) days after
the City Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Manager may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Manager and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(2)
In the event of arbitration, the City Manager and the applicant
shall agree to a single arbitrator. The costs and fees of the arbitrator
shall be borne equally by the parties. If the parties cannot agree
on an arbitrator, the matter shall be resolved by a three (3) person
arbitration panel consisting of one (1) arbitrator selected by the
City Manager, one (1) arbitrator selected by the applicant or facilities
owner and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third (3rd) arbitrator and of the arbitration. Each party shall
also pay its own costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible
as determined by the City and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sightproof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice, at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities, to the owner of the property on which the work is
to be performed and to the owners of all adjoining properties. Notice
shall include a reasonably detailed description of work to be done,
the location of work and the time and duration of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this Chapter or abandons the facilities, said person
shall remove the facilities and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and the Rights-of-Way
Usage Code in addition to the regulations provided herein.
[Ord. No. 2578 § 3, 3-8-2016]
A.
Purpose. It is the policy of the City to comply
with the Fair Housing Act and the Americans with Disabilities Act.
This Section provides for requests for reasonable accommodation from
the City's zoning regulations by or for persons with disabilities
as required by such acts.
B.
ACTS
AMERICANS WITH DISABILITIES ACT, OR ADA
APPLICANT
DIRECTOR
DISABLED PERSON
FAIR HOUSING ACT
Definitions. For the purposes of this Section, certain
terms and words are hereby defined as follows:
Collectively, the Fair Housing Act (or FHA) and the Americans
with Disabilities Act (or ADA).
Title II of the Americans with Disabilities Act, 42 U.S.C.
§ 12131, et seq., and its implementing regulations, 28 C.F.R.
Part 35.
A disabled person, or an individual, group, or entity on
behalf of one (1) or more disabled persons, making a request for reasonable
accommodation pursuant to this Section.
The City's Director of Planning and Community Development
or his or her designee.
Any person who is a "qualified individual with a disability"
under the ADA or who is "handicapped" under the FHA.
The Fair Housing Act, Title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§§ 3601 et seq., as may be amended.
C.
Requesting An Accommodation.
1.
A request for an accommodation may be made orally or in writing
on a form provided by the director. If made orally, the director shall
assist the applicant in reducing the request to writing on the required
form. The request shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the applicant and the
owner of the property, if other than the applicant;
c.
The nature of the disability that requires the reasonable accommodation.
If the individuals expected to reside at the property are not known
to the applicant in advance of making the application, the applicant
shall submit details describing the range of disabilities that prospective
residents are expected to have to qualify for the housing. The applicant
shall notify the director if, when identified, the prospective residents
are not within the range initially described. The director shall then
determine if an amended application and subsequent determination of
reasonable accommodation is appropriate;
d.
The specific accommodation requested by the applicant, including
the number of people who are expected to be availing themselves of
the accommodation, the estimated number of people in an average week
who will be necessary to provide services to the person(s) with disabilities
at the property on an ongoing basis, whether the applicant requires
any permit or license from any Federal, State, or local authority
to operate, the anticipated impact the accommodation is likely to
have on the adjoining properties and area, and any other information
that would assist in determining the reasonableness of the accommodation;
and
e.
Whether the accommodation is necessary to afford one (1) or
more disabled persons equal opportunity to use and enjoy a specific
dwelling.
2.
The director may require the applicant to provide additional
relevant and reasonable information deemed necessary for a complete
accommodation application, and the director may reasonably supplement
the application as deemed appropriate.
3.
If the information provided by the applicant to the director
includes medical information of a disabled person, including records
indicating the medical condition, diagnosis or medical history, the
applicant may, at the time of submitting such information, request
that the director, to the extent allowed by law, treat such medical
information as confidential information. The director shall provide
written notice to the applicant of any request for disclosure of confidential
medical information. The City will cooperate with the applicant, to
the extent allowed by law, in actions initiated by the applicant to
oppose the disclosure of such medical information.
D.
Determining The Reasonableness Of An Accommodation.
1.
On compilation and reduction to writing of the relevant and
reasonable information deemed necessary to process the applicant's
request for accommodation, the director shall make a written recommendation
to the Olivette Board of Adjustment as to whether the accommodation
should be granted. The director's recommendation shall be made within
fifteen (15) days of the date the request is deemed complete.
2.
The Board of Adjustment shall hold a hearing on the request
within thirty (30) days of its receipt of the director's recommendation.
At the hearing the applicant may be represented by counsel and may
present evidence on his or her behalf. The director shall also have
the right to be heard, as shall any intervening party claiming to
have an interest adverse to the applicant.
3.
Testimony presented at the hearing shall be sworn, and rules
of evidence shall be followed, as determined by the board. All proceedings
before the board shall be recorded. The applicant shall have the right
to request reasonable accommodation in the hearing process.
4.
The Board of Adjustment shall have the right to require or,
upon application of either party to the proceedings, shall require,
the attendance of any City employee or officer and shall have the
right to order the production of any City records relating to the
accommodation request. The board may request additional relevant and
reasonable information deemed necessary for its complete consideration
of the accommodation request and may continue the hearing, for a period
not to exceed thirty (30) days, for the purpose of receiving such
information.
5.
At the conclusion of the hearing, and after consideration of
the evidence before it, the board shall either grant the accommodation
as requested, grant the accommodation as modified, or deny the accommodation.
The board's determination shall be in writing and shall include these
minimum findings, in addition to any other findings or conclusions
deemed relevant by the board:
a.
Whether the requested accommodation is necessary to afford one
(1) or more disabled persons equal opportunity to use and enjoy a
specific dwelling;
b.
Whether the requested accommodation would require a fundamental
alteration to the City's zoning scheme; and
c.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
6.
A request for accommodation shall not be denied for any reason
that violates the Acts. The board is not obligated to grant any accommodation
request unless so required by the Acts or by applicable Missouri law.
7.
All findings and determinations of the board shall be made upon
the affirmative vote of four (4) members and shall be final. The notice
of determination shall be sent to the applicant and any other party
by certified mail, return receipt requested, and by regular mail.
8.
The board's written determination shall give notice of the right
to appeal. Any aggrieved party, within thirty (30) days of receipt
of the board's determination, may appeal to the St. Louis County Circuit
Court pursuant to Section 89.110 of the Revised Statutes of Missouri
or may pursue such other judicial review as may be allowed by law.
E.
Miscellaneous.
1.
The City shall not impose any additional fees or costs in connection
with a request for reasonable accommodation under the provisions of
this Section. Nothing in this Section obligates the City to pay an
applicant's attorney fees or costs.
2.
While an application for reasonable accommodation or appeal
of a denial of said application is pending, the City will not enforce
the subject zoning regulation against the applicant.
3.
The City shall maintain records of all oral and written requests
submitted under the provisions of this Section, and the City's responses
thereto, as required by State law.
