[Ord. No. 3574 §3, 6-26-2008]
A.
Every
public utility, cable company, video services provider and other users
of the City's rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below ground facilities,
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area and otherwise are customarily found in such areas. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1.
Approval — design — location — application
— notice. The design, location and nature of all accessory
utility facilities on private or public property shall require approval
of the City, which approval shall be considered in a non-discriminatory
manner, in conformance with this Section and subject to reasonable
permit conditions as may be necessary to meet the requirements of
this Section. To that end, prior to any construction, excavation,
installation, expansion or other work on any accessory utility facility,
the facility owner shall apply to the City and submit detailed plans
for the City's review and approval. Contemporaneous with such application,
the facility owner shall provide notice to all private property owners
within one hundred eighty-five (185) feet of the location of the proposed
construction, excavation or other work. Notice shall include detailed
description of the proposed work to be done, the exact location of
proposed work and the anticipated time and duration of the proposed
work. Notice shall be given at least five (5) business days prior
to the commencement of any such work. In considering individual applications
or multiple location applications, the City shall review the request
to ensure the proposed facilities do not impair public safety, harm
property values or significant sight lines or degrade the aesthetics
of the adjoining properties or neighborhood and taking into consideration
reasonable alternatives. Any material changes or extensions to such
facilities or the construction of any additional structures shall
be subject to the requirements and approvals as set forth herein.
Unless otherwise prohibited, accessory utility facilities subject
to this Subsection may be located in minimum setback areas provided
that all other requirements are met. To the extent permitted by Section
67.2707.1(3) RSMo., the time, method, manner or location of facilities
to be located in the rights-of-way may be established or conditioned
by the City to protect the rights-of-way or to ensure public safety.
An inspection fee shall be required as may be established by the City
to reimburse the City for the costs of review and inspection of accessory
utility facilities as may be permitted by applicable law.
2.
General regulations. The following general regulations
apply to all accessory utility facilities:
b.
All such facilities shall be constructed and maintained in such a
manner so as not to emit any unnecessary or intrusive noise.
c.
All facilities shall be deemed abandoned after six (6) continuous
months of non-use and shall therefore be removed within thirty (30)
days thereafter at the cost of the facility owner. Land from which
abandoned facilities are removed, whether private or public property,
shall be restored within thirty (30) days of removal by the facility
owner or have costs of such remedies charged to the facility owner.
The facility owner shall restore the land using similar plantings
or sod of the same type of grass immediately surrounding the land
and shall replace all existing plantings damaged by the removal work
with like plantings and shall replace all damaged existing grass areas
with sod of the same type of grass as was damaged.
d.
Unless otherwise restricted, utility poles for authorized above ground
lines or facilities shall be permitted up to forty-five (45) feet
in height, except for arterial roads where such poles shall be authorized
on one (1) side of such roads up to sixty (60) feet in height, where
utilities are not otherwise required to be placed underground; provided
that such poles shall be no higher than necessary, maintained so as
to avoid leaning from upright position and without use of guy wires
crossing rights-of-way or pedestrian routes except where approved
by the City as necessary due to the lack of feasible alternatives.
e.
Accessory utility facilities placed in designated historic areas
may be subject to additional requirements regarding the placement
and appearance of facilities as may be necessary to reasonably avoid
or reduce any negative impact of such placement.
f.
Any damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be remedied
by the facility owner within thirty (30) days of such damage.
g.
No facility may be located so as to interfere or be likely to interfere
with any public facilities or use of public property.
3.
Residential districts. In residential districts
and rights-of-way adjacent thereto, accessory utility facilities less
than three and one-half (3.5) feet in height and covering less than
eight (8) square feet in area may be installed above ground with the
prior approval of the City. Except as otherwise may be authorized
herein, any larger utility facility shall be installed underground
or authorized to be installed above ground only by special use permit.
All above ground facilities, where authorized, shall be placed in
the rear yard wherever practical. If locating these facilities in
the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public rights-of-way unless otherwise approved
by the City upon a determination that all other alternatives are not
feasible.
4.
Non-residential districts. In non-residential districts
and rights-of-way adjacent thereto, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by special use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public rights-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen
shall be provided for all authorized above ground facilities taller
than three (3) feet in height or covering in excess of four (4) square
feet in area. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
maintenance, repair or replacement of screening materials. Alternative
screening or concealment may be approved by the City to the extent
it meets or exceeds the purposes of these requirements. Facilities
located in rear yards may be exempted from screening where located
so as not to be visible from (1) any public property and (2) more
than two (2) residential dwelling units. Any required screening shall
be completed within the timeframe set forth in the permit required
under this Section or not less than thirty (30) days from issuance
of the permit, if not otherwise stated.
6.
Compliance with other laws. All accessory utility
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 rights-of-way
management regulations in addition to the supplementary regulations
herein. The provisions of this Section shall not apply to any circumstance
or entity in which application under such circumstances is pre-empted
or otherwise precluded by superseding law.
[1]
Editor's Note — The Height and Area Regulations table is included as an attachment to this chapter.
[Ord. No. 2345 §XV, 10-16-1979; Ord. No. 2397, 4-17-1984]
A.
The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
General area exceptions and modifications.
a.
Minimum lot area and lot width requirements shall not apply to lots
of record as of the effective date of this Chapter (see definition,
Lot of Record).
b.
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially completed.
c.
Where a lot or tract is used for farming or for a commercial or industrial
purpose, more than one (1) main building may be located upon the lot
or tract, but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
d.
In the event that a lot is to be occupied by a group of two (2) or
more related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot; provided however, that the open spaces between buildings
that are parallel or within forty-five degrees (45°) of being
parallel shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings and forty (40)
feet for three- or four-story buildings.
e.
Where an open space is more than fifty percent (50%) surrounded by
a building, the minimum width of the open space shall be at least
twenty (20) feet for one-story buildings, thirty (30) feet for two-story
buildings and forty (40) feet for three- and four-story buildings.
f.
Every part of a required yard shall be open to the sky, unobstructed
by any structure, except for the projection of sills, belt course,
cornices and ornaments and features which are not to exceed twelve
(12) inches. The twelve (12) inch limitation shall apply to commercial
and industrial property only.
2.
Front yard exceptions and modifications.
a.
Where lots have double frontage, the required front yard shall be
provided on both streets.
b.
An open, unenclosed porch or paved terrace may project into a front
yard for a distance not to exceed ten (10) feet. An unenclosed vestibule
containing not more than forty (40) square feet may project into a
yard for a distance not to exceed four (4) feet.
c.
The front yard heretofore established shall be adjusted in the following
cases:
(1)
Where fifty percent (50%) or more of the frontage of the same
side of a street between two (2) intersecting streets is developed
with two (2) or more buildings that have (with a variation of five
(5) feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest the street line.
(2)
Where forty percent (40%) or more of the frontage on one (1)
side of a street between two (2) intersecting streets is developed
with two (2) or more buildings that have a front yard of less depth
than herein required, then:
(a)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of existing buildings on both sides,
the minimum front yard shall be a line drawn between the two (2) closest
front corners of the adjacent building on each side, or
(b)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of an existing building on one (1) side
only, such building may be erected as close to the street as the existing
adjacent building.
(3)
Side yard exceptions and modifications.
(a)
The required side yard on the street side of a corner lot shall
be the same as the required front yard on such street, except that
the building width shall not be reduced to less than thirty-two (32)
feet and no accessory building shall project beyond the required front
yard on either street.
(b)
For the purpose of side yard regulations, a two-family dwelling
or a multiple-family dwelling shall be considered as one (1) building
occupying one (1) lot.
(c)
No side yards are required where dwelling units are erected
above commercial or industrial structures.
(d)
Terraces, uncovered porches, platforms and ornamental features
which do not extend more than three (3) feet above the floor level
of the ground story may project into a required yard, provided these
projections be distant at least two (2) feet from the adjacent side
lot line.
(e)
Whenever a lot at the effective date of this Chapter has a width
of less than sixty (60) feet, the side yards may be reduced to a width
of not less than ten percent (10%) of the width of the lot, but in
no instance shall it be less than five (5) feet.
(4)
Rear yard exceptions and modifications. Open-lattice
enclosed fire escapes, fireproof outside stairways and balconies opening
upon fire towers and the ordinary projections of chimneys and flues
into the rear yard may be permitted for a distance of not more than
three and one half (3½) feet and where the same are so placed
as not to obstruct light and ventilation.
(5)
Accessory building exceptions and modifications.
(a)
No accessory buildings shall be constructed upon a lot until
the construction of the main building has been actually commenced
and no accessory building shall be used for dwelling purposes, other
than by domestic servants employed entirely on the premises.
(b)
Accessory buildings may be built in a required rear yard but
such accessory buildings shall not occupy more than thirty percent
(30%) of a required rear yard and shall not be nearer than five (5)
feet to any side or rear lot line, except that when a garage is entered
from an alley, it shall not be located closer than ten (10) feet to
the alley line. If a garage is located closer than ten (10) feet to
the main building, the garage shall be regarded as part of the main
building for the purposes of determining side and rear yards.
(6)
Height exceptions and modifications.
(a)
Public, semi-public or public-service buildings, hospitals,
institutions or schools, when permitted in a district, may be erected
to a height not exceeding sixty (60) feet if the building is set back
from each yard line at least one (1) foot for each two (2) feet of
additional building height above the height limit otherwise provided
in the district in which the building is located.
(b)
Chimneys, church steeples, cooling towers, elevator bulkheads,
fire towers, monuments, stacks, stage towers or scenery lofts, tanks,
water towers, ornamental towers, spires, wireless towers, grain elevators
or necessary mechanical appurtenances are exempt from the height regulations
as contained herein.
(7)
Front and rear yard exceptions and modifications. With respect to lots of record as of the effective date of Ord.
No. 2345 (October 16, 1979) (see definition, Lot of Record) upon which
was then and is now occupied by one (1) or more existing buildings
as of that date, front yard and rear yard requirements shall not apply
to additions or modifications to buildings that were in existence
as of that date where the lot was of record as of that date and the
lot has not been changed in dimensions since that date and where the
buildings have not been substantially changed since the effective
date of this Chapter. Nevertheless, those front yard and rear yard
regulations shall apply unless waived by the Board of Aldermen at
a regular meeting and after the proposed modification or addition
has been reviewed by the Zoning Commission. Further, waiver of the
front and rear yard exceptions requires a three-fourths (¾)
majority vote of the Board of Aldermen to endorse the exception.
[Ord. No. 2345 §XVI, 10-16-1979]
A.
No
building shall be erected, enlarged to the extent of increasing the
floor area by as much as fifty percent (50%) or changed in use unless
there is provided on the lot space for the parking of automobiles
or trucks in accordance with the following minimum requirements.
1.
Bowling alley. Five (5) parking spaces for each
alley.
2.
Business, professional or public office building, studio,
bank, medical or dental clinic. Three (3) parking spaces
plus one (1) additional parking space for each four hundred (400)
square feet of floor area over one thousand (1,000) square feet.
3.
Church. One (1) parking space for each eight (8)
seats in the main auditorium.
4.
College or school. One (1) parking space for each
eight (8) seats in the main auditorium or three (3) spaces for each
classroom, whichever is greater.
5.
Community center, library, museum or art gallery. Ten (10) parking spaces plus one (1) additional space for each three
hundred (300) square feet of floor area in excess of two thousand
(2,000) square feet.
6.
Dwellings. One (1) parking space for each dwelling
unit.
7.
Hospital, sanitarium, home for the aged or similar institutions. One (1) parking space for each four (4) beds.
8.
Hotel. One (1) parking space for each three (3)
sleeping rooms or suites plus one (1) for each two hundred (200) square
feet of commercial floor area contained therein.
9.
Motel. One (1) parking space for each sleeping room
plus one (1) parking space for each two hundred (200) square feet
of commercial floor area contained therein.
10.
Mortuary or funeral home. One (1) parking space
for each fifty (50) square feet of floor space in slumber rooms, parlors
and individual funeral service rooms.
11.
Private club or lodge. One (1) parking space for
every ten (10) members.
12.
Restaurant, nightclub, cafe or similar recreation or amusement
establishment. One (1) parking space for each one hundred
(100) square feet of floor area.
13.
Retail store or personal service establishment. One (1) parking space for each two hundred (200) square feet of
floor area.
14.
Rooming Or Lodging Home Or Guest Lodging. One
(1) parking space for each two (2) sleeping rooms.
[Ord. No. 3978 §5, 6-11-2015]
15.
Sports arena, stadium or gymnasium (except school). One (1) parking space for each five (5) seats or seating spaces.
16.
Theater or auditorium (except school). One (1) parking
space for each five (5) seats or bench seating spaces.
17.
Manufacturing or industrial establishment, research or testing
laboratory, creamery, bottling plant, warehouse or similar establishment. One (1) parking space for every two (2) employees on the maximum
working shift plus space to accommodate all trucks and other vehicles
used in connection therewith.
[Ord. No. 2345 §XVII, 10-16-1979; Ord. No. 2363, 10-7-1981]
A.
All
vehicular use areas except those located on, under or within buildings
and those serving single- and two-family dwellings shall conform to
the minimum requirements hereinafter provided:
1.
Before a building permit is issued for any type construction, other
than single-family or two-family dwelling buildings, where off-street
parking and open lot sales display and service areas are provided,
a portion of such areas shall be given over to landscaping and natural
plant growth as specified in items 6, 7 and 8 as follows.
2.
Prior to the development of any vehicular use area, an application
for a grounds permit shall be obtained from the Zoning Administrator.
Issuance of the permit will be contingent upon the following:
a.
Submission of a vehicular use plan. At the time
of submittal of building plans, the developer shall submit to the
Zoning Administrator three (3) copies of a combination site plan/planting
plan hereafter referred to as vehicular use plan. At the time of submission
of the plan, the applicant shall pay the City a filing fee of fifty
dollars ($50.00). In zones where the proposed use requires special
approval by the Board of Aldermen, such approval shall constitute
authority for issuance of a grounds permit.
b.
Review of the vehicular use plan. Within thirty
(30) days of receipt of the plan, the Zoning Administrator shall submit
said plan to the Planning and Zoning Commission for its review and
recommendation. If the vehicular use plan is found to be in compliance
with the requirements of this Section, a grounds permit shall be issued.
During this review phase, the Planning and Zoning Commission may establish
conditions for approval of the vehicular use plan. In no case shall
the Planning and Zoning Commission impose landscape standards over
and above the following maximum criteria:
3.
Upon completion of site improvements, the Zoning Administrator shall
inspect the vehicular use area for compliance with the approved vehicular
use plan and other requirements of this Section.
4.
Landscaped areas, walls, structures and walks shall require protection
from vehicular encroachment through appropriate wheel stops or curbs.
5.
The owner, tenant and their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping which shall be
maintained in good condition so as to present a healthy, neat and
orderly appearance and shall be kept free from refuse and debris.
6.
The exterior (property line) perimeters of all vehicular use areas
shall be landscaped with a buffer strip which averages at least three
(3) feet in width. The landscape strip shall be improved with grass,
ground cover, shrubs or other landscape treatment excluding paving,
sand or gravel. Exceptions from these perimeter landscaping requirements
are as follows:
a.
When abutting public street right-of-way. Necessary
accessways from the public street right-of-way shall be permitted
to service the vehicular use areas.
b.
When adjacent to a public alley. Landscape requirements
for abutting vehicular use areas shall be determined by the Zoning
Administrator and shall be based on existing use and treatment of
surrounding property, except where authority for such determination
is with the Board of Aldermen or the Zoning Board of Adjustment.
7.
An area or a combination of areas equal to ten percent (10%) of the
total vehicular use area, exclusive of perimeter landscape buffers,
shall be devoted to interior lot landscaping. When the vehicular use
area is related to a structure or structures on the same parcel of
land, any landscaping on said parcel which serves to beautify the
entire parcel of land may be counted toward meeting the interior landscaping
requirement. Planters shall be located to most effectively relieve
the monotony of large expanses of paving and contribute to the orderly
circulation of traffic.
8.
When an accessway intersects a public right-of-way or other accessways,
or when the property abuts the intersection of two (2) or more public
rights-of-way, all landscaping within the triangular area referred
to as the "cross-visibility area" shall provide unobstructed cross
visibility at a level of between three (3) and six (6) feet. Trees
having over six (6) feet of clear trunk with limbs and foliage trimmed
in such a manner so as not to extend into the cross-visibility area
shall be permitted in such area, provided they in no way create a
traffic hazard.
9.
In instance where healthy plant material exists on a site prior to
development, in whole or in part, for purposes of off-street parking
or other vehicular use areas, the Zoning Administrator may adjust
the application to allow credit for such plant material. Any removal
of existing trees may be accomplished with approval of the Planning
and Zoning Commission during site plan review.
10.
Adequate surface and subsurface drainageways for the removal of stormwater
from vehicular use areas shall be provided whenever available evidence
indicates that such a system is necessary as the result of natural
surface drainage. Such systems shall be separate and independent of
the sanitary sewer system and have adequate surface inlets.
11.
The extent to which storm drainage structures shall be required shall
be based on an analysis of need as determined by an engineer or similar
official during preliminary consideration of the vehicular use plan.
12.
In the absence of a storm sewer system and curbing, a water retarding
grass shall be planted in the exterior perimeters of the vehicular
use area.
13.
Any person proposing to locate a structure or a use within one hundred
(100) feet of any stream or main drainage ditch located within any
portion of the City's 100-year floodplain, as identified by the Federal
Insurance Administration through a scientific and engineering report
entitled Flood Insurance Study of the City of Ste. Genevieve, Missouri,
shall include as a part of the vehicular use plan a statement by a
registered professional engineer or similar official that the development
will not be in conflict with the floodplain management regulations
of the City of Ste. Genevieve and based on a study of the floodway,
watershed area and probably runoff, the structure or use in the location
proposed will leave adequate space for the flow of flood water and
that no structure or use within the 100-year floodplain shall be located
within the floodway or within seventy-five (75) feet of the top of
the bank of any stream or main drainage ditch, whichever setback from
the main stream channel is greater.
14.
In areas outside the City's designated 100-year floodplain, a water
retarding grass shall be planted along any stream or open main drainage
ditch in an area extending a minimum of fifteen (15) feet from the
top of the bank of any stream or main drainage ditch to a proposed
vehicular use area. In cases in which the vehicular use area is adjacent
to or abuts a stream or main drainage ditch, the required three (3)
foot perimeter for vehicular use areas may be included as a part of
the fifteen (15) foot setback from the stream or main drainage ditch.
On corner lots, nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between
a height of two (2) feet and eight (8) feet above curb grade within
the triangular area formed by an imaginary line that follows street
pavement edges and a line connecting them twenty-five (25) feet from
their point of intersection. This sight triangle standard may be increased,
by the City Engineer, when deemed necessary for traffic safety.
 |
[Ord. No. 2345 §XVIII, 10-16-1979; Ord. No. 3815 §1, 7-26-2012]
A.
Subject
to the provisions of this Section, the Board of Aldermen of the City
of Ste. Genevieve may, after public hearing before the Board of Aldermen
and after study and report by the City Planning and Zoning Commission,
authorize special uses in any district as herein qualified from which
the uses are otherwise prohibited based on whether such building or
use will:
B.
If
the Board's findings should be negative to the above, then the application
may be granted; if affirmative as to any subject, then such permit
shall be denied. In the granting of a special use permit, the Board
of Aldermen may impose, and the Planning and Zoning Commission may
recommend, appropriate conditions and safeguards as may be deemed
necessary to ensure compliance with the requirements of the zoning
ordinance and to protect adjacent property and conserve property values.
C.
Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 405.230.
D.
The
following special uses are authorized providing they comply with all
the regulations set forth in this Chapter for the district in which
such use is located, except that the Board of Aldermen may permit
hospitals and institutions to exceed the height limitations of such
district:
1.
Cemetery or mausoleum.
2.
Greenhouse or nursery.
3.
Airports or landing field or strip for aircraft.
4.
Any "R-2" use in a "MH" District.
5.
Two-family dwellings in a "R-1" District.
6.
Single mobile homes in "A" Agricultural Districts.
7.
Private educational institutions.
8.
Drive-in restaurant or theater in "C-1", "C-2" or "I-1" Districts.
9.
Filling stations in an "A", "R-1" or "R-2" District.
10.
Commercial, recreational or amusement development for temporary or
seasonal periods.
11.
Commercial radio tower or broadcasting station.
12.
Riding stables.
13.
Sanitary fill for the disposal of garbage or trash.
14.
Hospitals and institutions of an educational, religious, charitable
or philanthropic nature and criminal, mental or animal hospitals,
subject to restrictions specified in the district regulations.
15.
Removal of gravel, topsoil or similar natural materials with safeguards
for the protection of adjoining property and the community as a whole.
18.
Parking lots on land in "R" Districts within three hundred (300)
feet from the boundary of any "C" or "I" District or directly associated
with an existing commercial or industrial use, provided the following
standards are met:
a.
Ingress and egress to such lot shall be from a street directly serving
the commercial, business or industrial district.
b.
No business involving the repair or service of vehicles or sale or
display thereof shall be conducted from upon such parking areas.
c.
No structures shall be erected on the parking area except as provided
for under item (g) hereof.
d.
No sign shall be erected on the parking area except as approved by
the Board of Aldermen.
e.
Parking areas shall be used for parking patrons, private passenger
vehicles only and no charge shall be made for parking within such
premises.
f.
The parking shall be set back in conformity with the established
or required yards for residential uses and, where a parking area adjoins
a dwelling use, it shall have a minimum side yard of ten (10) feet.
g.
The parking area shall be suitably screened or fenced, paved and
drained, lighted and maintained free of debris.
19.
Any "C" District use in a "R-2" District or "I-2" District.
21.
Medical clinic or office in a "R-2" District.
22.
Replacement of a non-conforming mobile home or trailer, in any district
other than a Mobile Home Park District, with an improved mobile home
manufactured no more than ten (10) years prior to application for
replacement; provided that the replacement shall be completed within
six (6) months of the issuance of a permit therefor and subject to
any additional restrictions imposed by the Board of Aldermen with
regard to the location and placement of the mobile home as well as
any landscaping or buffering that may be required, after review and
report by the Planning and Zoning Commission and the required public
hearing.
[Ord. No. 4351, 5-27-2021]
23.
All uses by which special use permits are required by other Sections
of this Chapter.
24.
Subject to the additional restrictions enumerated below, the Board
of Aldermen may allow a light industrial use as permitted in the "I-1"
Light Industrial Districts in any "C-1" General Commercial District:
a.
The use shall be permitted only in an existing building that was
constructed at least two (2) years prior to the application for special
use permit.
b.
No structural alterations to or expansion of the existing building
shall be permitted, with the exception that structural alterations
to improve the safety of the work area may be allowed.
c.
Any use permitted shall not be noxious or offensive by reason of
the emission of smoke, dust, fumes, gas, odors, noise or vibrations
beyond the confines of the building.
d.
No products, materials or supplies or wastes shall be stored or permitted
to remain on any part of the property outside the building.
e.
All applicable provisions of Section 405.170, Off-Street Parking Regulations, applicable to the use permitted shall be complied with and all off-street parking shall be in side or rear yards only.
g.
The special use permit allowed under this Section shall be issued
to the specific use and owner identified in the application for the
special use permit and shall not be transferable to any other use
of the same or similar or different type. Changes in ownership of
the use specified in the permit may be allowed, subject to notification
of the Board of Aldermen of such change and the Board's approval of
the continuance of the special use permit under the new ownership.
h.
The owner of any use permitted under this Subsection shall annually,
in writing, report to the Zoning Administrator on the anniversary
date of the issuance of the special use permit. This report shall
specifically note the number of persons employed at the permitted
location by month and the types of products and services produced
during the prior year. The Zoning Administrator shall then inspect
the use and property and report to the Board of Aldermen regarding
the compliance of the use with the terms of the special use permit
issued hereunder. In the event that the conditions are not met under
this Subsection, a recision of the permitted use will occur.
[Ord. No. 4044 §2, 6-23-2016]
25.
Community unit plan. The owner of any tract of land
may request a special use permit for the use and development of such
tract for residential or for residential in combination with shopping
center uses as set forth in the regulations for planning commercial
districts in this Chapter. The development plan shall be referred
to the Planning and Zoning Commission for study and report. Approval
shall be conditioned upon specific findings that the proposed community
unit plan meets the following conditions:
a.
The proposed development of any "C-3" Planned Commercial District included as a part of the plan complies with the regulations for those districts as set forth in Section 405.100 of this Chapter.
b.
The buildings, other than those located within a "C-3" District,
located in the area shall be used only for one-family dwellings, two-family
dwellings or multiple-family dwellings and the usual accessory uses
such as private or parking garages, storage space and for communities
activities, including churches and schools.
c.
The average lot area per family contained in the site, exclusive
of the area occupied by the "C-3" District or by streets, will not
be less than the lot area per family required in the district in which
the development is located.
d.
That the area is adaptable to complete community development, being
bounded by major thoroughfares, streets, railroads or other external
barriers and insofar as possible without a major thoroughfare extending
through the project or any other physical feature which would tend
to impair the neighborhood or community cohesiveness.
e.
No more that twenty-five percent (25%) of the gross area of the project
be devoted to a "C-3" District and that no more than fifty percent
(50%) of the gross area of the project located in a single-family
district be devoted to multiple-family dwellings.
f.
Sufficient area is reserved for recreational and educational facilities
to meet the needs of the anticipated population or as designated in
the Comprehensive Plan.
g.
Property adjacent to the area included in the plan will not be adversely
affected and to this end, the Board of Aldermen may require, in the
absence of any appropriate physical barrier, that uses of least intensity
or a buffer of open space or screening be arranged along the borders
of the project.
h.
The plan is consistent with the intent and purposes of this Chapter
to promote public health, safety, morals and general welfare.
i.
If the Board of Aldermen approves the plans, building permits may
be issued, even though the use of the land and the location and height
of buildings to be erected in the area and the yards and open space
contemplated by the plan do not conform in all respects to the district
regulations of the district in which it is located.
26.
Recreational vehicle park within an ''I-1" Light Industrial District.
[Ord. No. 4297, 7-23-2020]
E.
An
application for a special use permit under this Section may be made
and processed contemporaneously with a proposed amendment of the district
in which such site lies.
F.
A special
use permit shall automatically expire upon failure to develop the
use of the land for which the special use permit has been issued if
the use is not basically developed within one (1) year after the permit
has been issued.
G.
In
the event the use of the land for which the special use permit has
been issued is discontinued for a period of one (1) year, then the
special use permit shall automatically expire.
H.
If
a special use permit is issued for a commercial use, and such use
requires the owner/operator to have a license from the City, State
or Federal Government, possession of a valid license from the appropriate
issuing agency shall be a condition of the permit.
[Ord. No. 4212, 5-9-2019; Ord.
No. 4467, 3-9-2023]
A.
Marijuana-related facilities must have the appropriate license from
the Missouri Department of Health and Senior Services. Dispensary
and outdoor cultivation applicants may apply for a special use permit
upon a showing that the applicant has applied for such a license,
but the special use permit will not be issued until such license has
been obtained.
B.
Marijuana-related uses and marijuana facilities as defined in Section 405.020 shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Ste. Genevieve:
1.
No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of any school, child day care center, or
church, as measured in accordance with State of Missouri Code of State
Regulations.
2.
No marijuana-related uses shall be operated or maintained within
two hundred (200) feet of a residentially zoned district or public
park as measured from the property line of the nearest residentially
zoned district or public park to the nearest point of the marijuana-related
use facility structure.
3.
No marijuana-related uses shall be operated or maintained within
five hundred (500) feet of another marijuana-related use except when
marijuana sales represents less than five percent (5%) of the dollar
volume of business in a State or Federally licensed pharmacy, as measured
from the property line to property line of the facilities.
C.
Marijuana-related facilities shall provide a plan which reasonably
shows that the facility is capable, when functioning properly, of
preventing odors of marijuana from being detected by a person of ordinary
sense of smell beyond the boundary of the parcel on which the facility
is located.
[Ord. No. 4465, 3-9-2023]
A.
Regulations to Safeguard the Residential Character of the Dwelling
and/or Surrounding Neighborhood. To preserve the residential character
of the residential building and protect against adverse effects on
the character of the surrounding neighborhood, a home occupation may
operate in a residential district, provided:
1.
Home occupations shall be operated entirely from an enclosed
structure and shall not occupy more than twenty-five percent (25%)
of the total floor area of the main residential building and in no
case more than five hundred (500) square feet of floor area, with
use of the dwelling for a home occupation being clearly incidental
and subordinate to its use for residential purposes.
3.
Trash/Solid Waste. Home occupations must not generate trash, refuse or solid waste that exceeds normal residential trash and refuse and must comply with all solid waste restrictions, including, but not limited to, Section 230.160, Containers For Residential Use.
4.
Outdoor Storage. Outdoor storage of equipment, inventory, or
other supplies for the home occupation is prohibited and no commodities
shall be displayed or sold on the outside of the main residential
building.
5.
Parking. All customer parking must be located off of any public street and home occupations must comply with all parking regulations, including, but not limited to, those in Section 365.080, Parking And/Or Storage Of Oversized Trucks, Trailers, Or Other Vehicles On City Streets, and Section 405.170, Off-Street Parking Regulations.
6.
Public Health And Safety. Home occupations shall adhere to all
City ordinances and regulations related to the public health and safety,
including, but not limited to, fire and building codes, health and
sanitation, transportation or traffic control, solid or hazardous
waste, and pollution.
7.
Compliance With Laws. Home occupations shall comply with State
and Federal laws, including paying applicable taxes.
8.
Signage. Home occupations shall adhere to all City ordinances and regulations related to signage, including, but not limited to, Section 405.205, Sign Regulations.
9.
All deliveries related to the home occupation shall be made
between the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall not
be made by a vehicle that exceeds the size and/or weight rating for
the street.
B.
Nothing in this Section shall be deemed to:
1.
Prohibit mail order or telephone sales for home-based work;
2.
Prohibit service by appointment within the home or accessory
structure;
3.
Prohibit or require structural modifications to the home or
accessory structure;
4.
Restrict the hours of operation for home-based work; or
5.
Restrict storage or the use of equipment that does not produce
effects outside the home or accessory structure.
C.
Home occupations do not require a license nor any fee, but within
sixty (60) days of establishing a home occupation, the resident is
asked to supply the City with: (1) a copy of its business's Missouri
Tax ID number and, for home occupations selling goods at retail, a
Statement of No Tax Due in accordance with Missouri Statutes (Section
144.083.2 and 144.083.4, RSMo.); and (2) a written description of
the home occupation, and the number of employees to be working at
the home occupation who are not residents of the home. At the same
time, to help ensure the proposed home occupation complies with the
requirements of this Subsection, the City shall supply the resident
with a copy of this Subsection or a summary of its requirements. Upon
receipt of the written description, the City shall verify for the
resident that the home occupation complies with the foregoing requirements.
Any change in the amount of floor area occupied by the home occupation
as detailed in the original description, number of employees, or the
type of home occupation should be followed by a submission of a revised
description and review and approval in accordance with this Section
to assist the resident in continued compliance.
