[Ord. No. 1857 §1, 11-21-2013]
A.
Administrative Approval For Single-Family Uses. When
a single-family detached residential dwelling and/or an accessory
building to a single-family dwelling is to be constructed, converted,
reconstructed, or structurally altered within a subdivision previously
approved by the Board of Aldermen or upon a lot of record, no building
permit shall be issued for the development without the approval of
the Director of Economic Development and/or the Director of Public
Works as to the conformance of said modification to all pertinent
Sections of this Chapter. Approval of the Planning Commission is not
required for these uses.
B.
Multifamily And Non-Residential Construction. The
construction of a new commercial or multifamily building shall require
review and approval by the Planning Commission for the adequacy of
the internal on-site and external street circulation system, the design
of the proposed landscaping and parking areas, and conformance with
this Chapter.
C.
Development Plan. A development plan shall be required for all new multifamily and non-residential structures and substantial renovation thereto. The owner or owner's representative shall submit three (3) copies of the development plan reflecting the nature of the proposed development or redevelopment to the Director of Economic Development for Planning Commission review and approval for permitted uses. Development involving a conditional use permit (Section 400.420), rezoning (Section 400.430) or planned overlay (Section 400.200) shall be reviewed and approved pursuant to the applicable review procedures and requirements. In order to assure the fullest practicable presentation of facts for analysis and for the permanent record, the Planning Commission may prescribe additional data and information from the applicant. Required information shall include, but need not be limited to:
1.
A site plan showing existing and proposed uses and structures,
including setbacks, easements and zoning of the site and adjacent
parcels.
2.
Existing and proposed contours at intervals of two (2) feet
or less referred to sea level datum.
3.
Location of all isolated trees having a diameter of six (6)
inches or more and all tree masses.
4.
Proposed ingress and egress to the site, including on-site parking
areas, stalls, loading areas and adjacent streets.
5.
Bicycle and pedestrian access to the site from public sidewalks
or streets.
6.
Proposed landscaping, including type and size of planting and
fencing.
7.
Two (2) section profiles through the site showing preliminary
building form and mass.
8.
Any additional information as determined by the Director of
Economic Development or Director of Public Works.
D.
Final Development Plan. No building shall hereafter
be constructed, reconstructed or altered nor shall any such work be
started until a final development plan for the project has been approved
in accordance with this Chapter and a building permit for the work
has been issued. Notwithstanding this requirement, the Director of
Economic Development has discretion to allow, without requiring any
final development plan, construction, reconstruction or alterations
of any single, detached residential structure consisting of no more
than four (4) dwelling units, so long as such proposed construction
is otherwise in compliance with all applicable laws, ordinances, rules
and regulations.
E.
Director Of Economic Development/Commission Review; When. The Zoning Officer shall conduct the final development plan review
if the proposed improvements shown on the final development plan do
not involve any resubdivision, rezoning, conditional use or variance
in order to complete the proposed improvements in accordance with
this Chapter. In all other instances, the Zoning Officer shall first
determine that application and submission requirements are satisfied
and, if so, then forward the application to the Commission for its
review.
1.
After review and approval of the final development plan by the
Planning Commission, a copy of the final development plan shall be
recorded by the developer with the office of St. Louis County Recorder
of Deeds. The plan shall be accompanied by the conditions and restrictions
of the ordinance authorizing the development.
2.
If substantial construction or development authorized by the
conditional use permit or planned development permit does not begin
within the period of time specified in the conditions of the ordinance
authorizing the development, the Board of Aldermen may, on its own
motion or on a recommendation of the Planning Commission, rezone the
property or any portion thereof to the zoning district classification
that prevailed prior to the approval; rescind approval of the subdivision,
recommend to the Board of Adjustment that the variance be revoked;
or, if applicable, void the conditional use permit authorizing the
development; or all, if applicable. A public hearing is not required
for this rezoning and/or voiding; however, the owner shall be notified
by the Board of Aldermen of the proposed rezoning and/or voiding prior
to the introduction of any bill for said rezoning and/or voiding.
3.
After the recording of a final development plan, changes not
inconsistent with the purpose or intent of this Chapter may be approved
by the Planning Commission. Changes affecting the purpose, intent,
or concept of this Chapter, or the final development plan, shall require
a new application to be filed with the Board of Aldermen.
4.
In the event of an abandonment of a use authorized pursuant
to a conditional use or planned development permit, such permit shall
expire and be of no further force and effect. Upon such expiration,
no such use may be resumed without the filing of a new application
therefor with the Board of Aldermen. The term "abandonment" shall
be deemed to have the same meaning set forth in this Chapter.
F.
Subsequent Application. Upon the grant or denial
by the Board of Aldermen of an application for a conditional use permit,
planned development overlay, and/or a zoning change, no subsequent
application requesting a conditional use permit, planned development
permit, and/or a rezoning, with reference to the same property or
part thereof, shall be filed by any applicant, whether the same person,
firm, or corporation, until expiration of twelve (12) months after
the final denial or grant. Unless otherwise stated at the time of
approval of an ordinance authorizing a development, substantial work
or construction must be commenced within one (1) year, or the approval
shall automatically be void.
G.
Building Permit. Upon approval of the submitted
or revised development plan by the Planning Commission, application
for building permits and certificates of occupancy may take place
at the office of the Director of Economic Development.
H.
Improvements. No building, facilities, establishments,
or service concerns may occupy or use any portion of the subject tract
until the required improvements are constructed or a performance bond
and/or escrow is posted covering construction of improvements as determined
by the Planning Commission. If the development is to occur in sections,
all improvements necessary to the proper operation and functioning
of the section, even though same may be located outside the section,
must be constructed and installed or a performance bond and/or escrow
agreement posted covering the estimated cost of improvements as determined
by the Planning Commission.
I.
Joint Ownership. Where this Chapter permits or requires
an act on the part of an owner or landowner, and a particular lot
or tract of land is owned by several persons, whether in joint tenancy,
tenancy in common, partnership, joint venture or other form of joint
ownership, the act shall be taken on behalf of, and with the express
written consent of, all such persons, which written consent shall
be provided to the City.
[Ord. No. 1857 §1, 11-21-2013]
A.
Intent And Purpose. It is hereby declared that certain
land uses and developments present unique problems with respect to
their proper location and relationships to other land uses. Therefore,
analysis and judgment of the consequences of each development and
use is necessary to preserve and promote the public health, safety,
and general welfare. The purpose of conditional use permits is to
provide the City with a procedure for determining the appropriateness
of such uses. The appropriateness of the use shall be determined in
consideration of surrounding uses, activities and conditions of the
site and of the surrounding area. Based upon this determination, the
City may decide to permit, reject or conditionally permit the use
for which the conditional use is sought.
B.
Authorization. The Board of Aldermen is hereby authorized
to decide whether conditional use permits shall be granted subject
to the standards contained herein; to grant conditional use permits
with such conditions or restrictions as are appropriate to protect
the public interest and to secure compliance with these regulations;
and to deny requests which fail to satisfy the standards and requirements
contained herein and which are not in harmony with the purposes and
interest of these regulations and the health, safety, and welfare
of the community. The Board of Aldermen shall decide whether conditional
use permits shall be granted only after having received a recommendation
from the Planning and Zoning Commission.
C.
Application. Applications and preliminary development
plans for conditional use permits shall be submitted to the Director
of Economic Development for Planning Commission review and Board of
Aldermen review and approval. In order to assure the fullest practicable
presentation of facts for analysis and for permanent record, the Board
of Aldermen may prescribe additional data and information from the
applicant. Required information shall be provided in triplicate and
shall include, but need not be limited to, the following:
1.
A site plan showing proposed uses and structures.
2.
Existing and proposed contours at intervals of two (2) feet
or less referred to sea level datum.
3.
Location of all isolated trees having a diameter of six (6)
inches or more and all tree masses.
4.
Proposed ingress and egress to the site, including on-site parking
areas and adjacent streets.
5.
Proposed landscaping, including type and size of planting and
fencing.
6.
Two (2) section profiles through the site showing the preliminary
building form and mass.
7.
Each application shall be verified by at least one (1) of the
owners or authorized representatives of the owners of the subject
property attesting to the truth and correctness of all facts and information
presented with the application.
D.
Review Procedures. Upon receipt of a complete application
for conditional use permit and all accompanying material, the Director
of Economic Development shall refer the application to the Planning
and Zoning Commission for the next scheduled meeting of the Planning
and Zoning Commission. The Planning and Zoning Commission shall submit
a recommendation to the Board of Aldermen within thirty (30) days
after the close of said meeting. No application for a conditional
use permit may be approved by the Board of Aldermen until a written
recommendation with a report of findings of fact is filed with the
Board of Aldermen by the Commission.
[Ord. No. 1994, 7-16-2020]
E.
Standards For Conditional Use Approval.
1.
Upon receipt of the Planning Commission's recommendation, the Board of Aldermen shall schedule a public hearing pursuant to Section 400.440. At the hearing, the Board shall hear and consider evidence relating to the standards set out below. At the conclusion of the public hearing, the Board shall adopt findings of fact as part of its decision to grant, grant with conditions, or deny the permit. No conditional use shall be recommended by the Commission unless written findings of fact based directly on the particular evidence presented to it supports said recommendation. The written findings of fact shall respond in the affirmative to the following standards and include a written description responded to each.
a.
The establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
or general welfare.
b.
The conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
c.
The establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property
for uses permitted in the district.
d.
Adequate utilities, access roads, drainage, and/or other necessary
facilities have been or are being provided.
e.
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
f.
The conditional use conforms to the applicable regulations of
this Chapter, the Comprehensive Plan and other applicable City regulations,
except as such regulations may in each instance be modified by the
Board of Aldermen, pursuant to the recommendation of the Planning
and Zoning Commission.
2.
The Planning Commission and Board of Aldermen shall review and
consider any and all formal written protests pertaining to the proposed
conditional use, in accordance with aforementioned standards, and
the protests shall be substantiated on a factual basis.
F.
Conditions Of Approval And Restriction. 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 400.420(E) are complied with and the general intent of this Title is effectuated. 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 by the Planning Commission, as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. In addition, the Board of Aldermen may require a final development plan in conjunction with any application for or amendment of any conditional use permit. Failure to comply with any of the Board of Aldermen's conditions or restrictions shall constitute a violation of this Chapter punishable by revocation of the conditional use permit or as provided in Section 400.470 of this Chapter.
G.
Transferability. All conditional use permits shall
be approved for the originating applicant for a specific location.
Should title to the property be transferred to a different owner,
a renewal of the original conditional use permit shall be required
prior to issuing a new business license, pursuant to the requirements
herein. Additionally, conditional use permits may not be transferred
to any other location by the applicant.
H.
Revocation. Revocation proceedings may be initiated
by the Board of Aldermen in accordance with the following provisions:
1.
Unless the conditional use permit holder and the landowner agree
in writing that the permit may be revoked, the Board of Aldermen shall
hold a public hearing to consider the revocation of the conditional
use permit.
2.
The City shall give the permit holder and the landowner notice
of the scheduled revocation hearing at least fifteen (15) days prior
to the date scheduled for such hearing by certified mail, return receipt
requested. If such notice cannot be delivered or is not accepted,
notice may be given by publishing a notice of hearing in a newspaper
of general circulation in the City or by posting a notice of hearing
on the property at least fifteen (15) days prior to the date scheduled
for the hearing.
3.
The public hearing shall be conducted in accordance with rules
and procedures established by the Board of Aldermen. At the conclusion
of the public hearing, the Board may render its decision or take the
matter under advisement.
4.
No conditional use permit shall be revoked unless a majority
of the Board of Aldermen is satisfied by a preponderance of the evidence
that grounds for revocation exist, such as a violation of a condition
of the permit or violation of other City ordinance. Any motion for
the revocation of a conditional use permit shall clearly state the
grounds for revocation.
I.
The following land uses shall be allowed in all zoning districts
upon compliance with the ordinances of the City of Woodson Terrace
and the provisions of this Section:
1.
Parabolic television antennas, also known as "satellite earth
stations" or "dish," more than twenty-four (24) inches in diameter
or installed higher than the highest point of the roof of any lawful
structure located on the lot or lots occupied by the building served
by such antenna. If any parabolic television antennae are or will
be observable from a public street, then shielding, as approved by
the Board of Aldermen on a conditional use permit, shall be required.
Any shielding required shall conform to the architectural style of
the building and shall be of permanent-type construction. The number
of parabolic television antennas permitted under this provision is
limited to one (1) antenna per building and is applicable to all zoning
districts within the City.
2.
A new land use of residential or outpatient facilities for treatment
of alcohol and other drug abuse.
[Ord. No. 1857 §1, 11-21-2013]
A.
When There May Be An Amendment. The regulations,
restrictions and boundaries contained in this Chapter may from time
to time be amended, supplemented, changed, modified or repealed by
the Board of Aldermen either on its own motion or on written application
therefor filed with the Director of Economic Development on behalf
of the Board of Aldermen by the Mayor, any member of the Board, the
Commission, the Director of Economic Development or by any governmental
body or person with a financial, contractual or proprietary interest
in the real estate which would be affected by the proposed amendment.
B.
Application And Submission Requirements. An application
for either a text amendment or an amendment in the nature of a rezoning
shall be submitted on a form containing such information and materials
as may be required by the Director of Economic Development, the Commission
or the Board of Aldermen. The application shall be signed by the owner
of the affected real estate or the authorized representative of such
owner and shall contain the following initial information, in addition
to that which the Director of Economic Development, the Planning Commission
or the Board of Aldermen may determine in each particular case is
required:
1.
Text amendment. If the text of this Chapter
is proposed to be amended, the application shall set forth the proposed
new text to be added and existing text to be deleted.
2.
Rezoning-development plan. If the location of all or any part of the existing zoning districts are to be changed, then the application shall include the submission of ten (10) copies of a preliminary development plan as set forth in Section 400.410(C), including legal description of the affected real estate sealed by a licensed land surveyor.
3.
If the application is signed by a representative of the owner
of the affected real estate, it shall be accompanied by a written,
notarized statement of the real estate owner designating the representative
to sign for the real estate owner.
4.
The name, address and phone number of the applicant.
5.
The applicant's interest in the property and, if the applicant
is not the owner, the name, address and phone number of the owner(s).
6.
Locator numbers of all property shown on the plat or survey.
7.
Present and proposed zoning.
8.
Signature(s) of applicants and owner(s) certifying the accuracy
of the required information.
C.
Application Review Procedures.
1.
Director of Economic Development. The Director
of Economic Development shall receive the application and associated
development plan (if a rezoning request) on behalf of the Board of
Aldermen and determine whether it complies with all initial submission
requirements. If the application does not comply with all initial
submission requirements, the Director of Economic Development shall
take no action with respect thereto, except, within a reasonable time
after submission, return the application to the applicant with a written
list of the deficiencies in the application. If the application is
determined by the Director of Economic Development to be in compliance
with initial submission requirements, then the Director of Economic
Development shall provide copies of the application to those officers
and contractors in and with the City and St. Louis County from whom
review and report are necessary in order for the Director of Economic
Development to make his/her report to the Commission, including, but
not limited to, the Fire Chief, Police Chief, the Building Commissioner
and the Public Works Director, the City Attorney and planning and
zoning consultants or contractors. After obtaining the necessary reports,
the Director of Economic Development shall prepare and transmit a
report to the Commission containing his/her recommendations concerning
the application and the reasons therefor in light of the terms of
this Chapter, the Comprehensive Plan and prudent planning and zoning
concerns.
2.
Commission hearing. Upon receipt of the Director
of Economic Development's report on the application, the Commission
shall make its final report to the Board of Aldermen, either recommending
or not recommending that the relief sought in the application be granted.
The Director of Economic Development shall forward copies of the application
and all submittals incident thereto, the Director of Economic Development's
report thereon and the Commission's recommendation and report (if
any) thereon (collectively "application package") to the Board of
Aldermen.
[Ord. No. 1994, 7-16-2020]
3.
Board of Aldermen.
a.
Upon receipt by the Board of Aldermen of the application package from the Director of Economic Development, the Board of Aldermen shall conduct a public hearing thereon. Public notice shall be given no less than fifteen (15) days prior to such hearing. All owners of property within the area of the proposed change (if any) and all owners of property within the surrounding area shall be given personal notice of the hearing by mail as provided in Section 400.430 of this Chapter.
b.
In the event that the owners of thirty percent (30%) or more
of the areas of land (not including streets and alleys) included either
in the proposed area of change 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 protest in writing,
duly signed and acknowledged, to the proposed change, no such amendment
shall become effective except upon the favorable vote of two-thirds
(2/3) of all the members of the Board of Aldermen. Otherwise, it shall
take an affirmative vote of fifty-one percent (51%) of the Board of
Aldermen to approve any proposed application (the same vote required
to pass an ordinance).
D.
Rezoning; Final Development Plan Approval. After approval of the application for rezoning and before any permit is issued by the City for any construction, reconstruction, alteration or other development of the subject property, the applicant shall comply with the requirements for development plan review as set forth in Section 400.410.
E.
Annexation. All territory that may be annexed by
the City after the effective date of this Chapter shall be zoned as
follows:
1.
No previous zoning ordinance in effect. If
at the time of annexation the newly annexed land is not subject to
a valid zoning ordinance duly imposed by a properly authorized governmental
subdivision of the State, the City shall in due course and in accordance
with law adopt zoning regulations for the annexed territory.
2.
Preexisting zoning ordinances in effect. If
at the time of annexation the newly annexed land is subject to a valid
zoning ordinance duly imposed by a properly authorized governmental
subdivision of the State, upon annexation such annexed land shall
remain subject to the zoning regulations in effect prior to annexation
until such time as the City shall adopt zoning regulations for the
annexed territory.
F.
Fee Schedule. Prior to any action by the Board of
Aldermen relative to any amendment, supplement, or modification to
this Chapter initiated by petition, the petitioner for said amendment,
supplement, change, or modification of the boundaries or regulations
of any district shall deposit with the City Clerk the sum of money
in accordance with the following schedule:
1.
When the area involved is less than one (1) acre: two hundred
dollars ($250).
2.
When the area involved is at least one (1) acre, but less than
five (5) acres: five hundred dollars ($500).
3.
When the area involved is five (5) acres or more: five hundred
dollars ($500), plus five dollars ($5.00) for each acre or fraction
thereof over five (5) acres with a maximum of one thousand dollars
($1,000.00).
4.
No fee shall be required in the event the rezoning of property
is initiated by the Board of Aldermen, the Planning Commission or
other City Official on behalf of the City.
[Ord. No. 1857 §1, 11-21-2013]
A.
Notice and Hearings. Whenever the provisions of this Chapter
require notice and hearing, the following procedures herein shall
govern:
1.
Time of publication and content. Publication
in a newspaper printed or published in the City of Woodson Terrace.
However, if no newspaper be printed or published in the City, then
said notice shall be published in some daily, triweekly, semiweekly,
or weekly newspaper of general circulation in the City. Publication
shall commence not more than thirty (30) nor less than fifteen (15)
days before the hearing date. Every affidavit to proof of publication
shall state that said publication and the newspaper in which notice
was published has met the requirements of the foregoing provisions
and those of Chapter 493, RSMo., governing legal publications, notice
and advertisement. Notice shall contain, in addition to the legal
description of the parcel of land, the approximate street location,
or address when possible; the name of the applicant; the present district
classification; the zoning district classification sought, if applicable;
and the proposed use of the tract.
2.
Posting notice. In addition to publishing notice, the Director of Economic Development shall post notice, consisting of the same information as required in Subsection (A)(1), on the subject property or its immediate vicinity, as well as at the City Hall of the City of Woodson Terrace. Notice shall be posted at least fifteen (15) calendar days prior to the public hearing at points nearest to the rights-of-way of any street or roadway abutting such land so as to be clearly visible to the traveling public. The notice, as posted, shall contain a caption in large letters stating the nature of the proposed action.
3.
Notification of neighboring landowners. The applicant shall make a good faith effort to mail notice, consisting of the same information as required for publication in Subsection (A)(1), to all landowners of record within one hundred eighty-five (185) feet from each legal boundary of the subject property. This notice shall be sent by certified mail at the applicant's expense. The applicant shall provide to the Director of Economic Development no less than seven (7) days prior to the public hearing receipts of the certified mailing. The Director of Economic Development shall verify the accuracy of the receipts and compliance with this Chapter. Failure to submit receipts on time shall automatically continue the hearing to the next hearing date. The submission of said receipts shall serve proof of the applicant's good faith effort to provide additional notice to the adjacent property owners. In addition to the receipts, the applicant shall provide the Director of Economic Development with a map showing the subject property and any neighboring properties affected under this Subsection along with the locator numbers of each property shown. All applicants shall be required to sign a form, attached to the application, that they have read and understand these notification requirements. For any subsequent required public hearings, the applicant shall provide to the Director of Economic Development the notification letters properly sealed in an envelope, addressed to the property owners within one hundred eighty-five (185) feet and with the proper postage attached to be sent regular mail. The Director of Economic Development shall then review the envelopes with the list of property owners to verify that the applicant has made a good faith attempt to notify said property owners.
4.
Record of proceeding. The Director of Economic
Development shall provide for maintaining a record of the hearing
and for taking statements, evidence and testimony.
5.
Minimum notice. Failure to comply with any
additional notice or posting requirements herein which are greater
than required by State law shall not be a basis for invalidation of
any approval or enactment.
[Ord. No. 1857 §1, 11-21-2013]
A.
Building Permits.
1.
No building shall hereafter be erected, constructed, or structurally
altered, or remodeled; nor shall any work be started thereon until
a building permit therefor has been issued by the Director of Public
Works and/or the Director of Economic Development which shall state
that the proposed building complies with all relevant provisions of
this Chapter and the Building Code.
2.
Applications for building permits for developments which require
Planning Commission or Board of Aldermen approval shall be accompanied
by a copy of the approved drawing or plat, in duplicate, showing the
lot plan; the location of the building on the lot; accurate dimensions
of building and lot; a drawing showing a section through the proposed
improvement which shows the type of construction and materials to
be used; the total cost of the proposed improvements and such other
information as may be necessary to provide for the enforcement of
these regulations. If the subject lot is not a lot of record, this
plat shall be prepared after the lot has been staked by a licensed
surveyor or engineer.
B.
Occupancy Permits, General.
1.
No vacant land shall be occupied or used, and no building hereafter
erected, structurally altered, or vacated shall be occupied or used
until a certificate of occupancy shall have been issued by the Director
of Public Works and/or the Director of Economic Development.
2.
No occupancy permit shall be issued unless the building or proposed
use of a building or land complies with all relevant development,
construction and building laws, health laws, and City ordinances,
and is in compliance with the provisions of this Chapter.
3.
No occupancy permit shall be issued for any structure unless
all driveways on the premises are paved and until all major cracks
and other defects in any paved driveway are properly repaired. Temporary
occupancy may be granted for driveway repairs.
4.
No occupancy permit shall be issued unless the current tenant
and owner's address and contact information, including current phone
number, is on file with the application.
5.
All conditions relating to or limiting the use, status, or operation
of the development after the issuance of a building permit shall be
posted in a conspicuous public place on the premises for at least
fifteen (15) days prior to the issuance of an occupancy permit. As
long as a substantial part of the development remains in single ownership,
or ownership of any part of the property is retained or held by the
developer or by trustees with duties imposed by this Chapter or by
conditions imposed under authority hereof, such person or persons
shall maintain such list of conditions in a conspicuous place, and
failure to do so shall constitute a violation of this Chapter.
6.
Certificate of occupancy for a building or land.
a.
A certificate of occupancy for a new building, alteration of
an existing building, or a vacated building may be applied for in
writing to the Director of Economic Development coincident with an
application for a building permit should both coincide. Said occupancy
certificate shall be issued within five (5) days after the erection,
alteration, and/or inspection of such building or part thereof shall
have been completed in conformity with the provisions of these regulations.
b.
Pending the issuance of a regular occupancy certificate, the
Director of Public Works and/or the Director of Economic Development
may issue a temporary certificate of occupancy for a period not exceeding
six (6) months while the completion of alterations is occurring or
during partial occupancy of a building pending its completion. Such
temporary certificate shall not be construed to alter in any way the
respective rights, duties, or obligations of the owners or of the
City relating to the use or occupancy of the premises or any other
matter covered by this Chapter, and such temporary certificate shall
not be issued except under such restrictions and provisions as will
adequately insure the safety of the occupants.
c.
No merchants nor operating license shall hereafter be granted
to any applicant nor shall any license hereafter be renewed until
a certificate of occupancy has been granted the applicant of such
license.
d.
A certificate of occupancy for the use of vacant land or the
change in the character of the use of land, as herein provided, shall
be applied for to the Director of Economic Development before any
such land shall be occupied or used. Provided such use is in conformity
with the provisions of this Chapter, a certificate of occupancy shall
be issued within five (5) days after the application has been made.
7.
Notification by Utility Companies. For any month when there
is change of user of residential rate or non-residential rate electric
service within the City, Ameren Missouri, or its successor, shall
notify the Director of Public Works of any changes, including the
address and apartment number or unit number and in whose name the
electric service is connected or billed.
[Ord. No. 1963, 12-20-2018]
C.
Fees.
1.
Except as otherwise specifically provided hereafter all such
fees as required by this Section shall be collected by the Director
of Economic Development or Director of Public Works and deposited
with the City Collector.
2.
The fee for a building permit for the construction, reconstruction,
or alteration of a building involving an expenditure of one hundred
dollars ($100.00) but not more than one thousand dollars ($1,000.00)
shall be five dollars ($5.00) and two dollars ($2.00) for each additional
one thousand dollars ($1,000.00) or fraction thereof.
3.
The fee for an occupancy permit for the use of land or a building
shall be ten dollars ($10.00).
4.
Subdivision review fees.
a.
Preapplication conference. There shall be no
fee for a preapplication conference.
b.
Preliminary subdivision plat filing/review fee. There shall be a four-hundred-dollar filing fee accompanying the
submission of a proposed preliminary plat, except where previously
reviewed under the conditional procedure section of the Zoning Ordinance
of the City of Woodson Terrace, in which case there shall be no fee.
There shall be a one-hundred-dollar filing fee for a minor subdivision
plat.
c.
Final subdivision plat. There shall be a twenty-dollar
per lot or unit (whichever is greater) subdivision permit fee accompanying
the submission of a proposed final subdivision plat. There shall be
an additional subdivision permit fee accompanying the submission of
a proposed final subdivision plat for a non-residential subdivision.
Said fee shall be seventy-five dollars ($75.00) per acre for the first
twenty (20) acres; an additional sixty-five dollars ($65.00) per acre
for each acre over twenty (20) up to one hundred (100) acres; and
thirty-five-dollar-per-acre fee for each acre over one hundred (100)
up to two hundred (200) acres. There shall be no additional fee for
applications for tracts in excess of 200 acres.
d.
Display house permit fee. There shall be a
one-hundred-fifty-dollar filing fee plus a seventy-five-dollar-per-house
fee accompanying the submission of a display house plat.
e.
Boundary adjustment plat. There shall be a
one-hundred-fifty-dollar filing fee accompanying the submission of
a boundary adjustment plat.
f.
Vacation plat. There shall be a one-hundred-fifty-dollar
filing fee accompanying the submission of a vacation plat.
g.
Variance fee. There shall be a seventy-five-dollar
review fee accompanying the application for a variance to the Subdivision
Code.
h.
Improvement inspection fee. The City Clerk
shall collect inspection fees for the account of the City of Woodson
Terrace as per the following paragraph: Before any final subdivision
plat shall be approved by the Planning and Zoning Commission, the
subdivider or owner or his/her agent shall pay the City of Woodson
Terrace a fee for services in connection for the consideration and
approval of the plat and for the inspections of the improvements to
be installed in the subdivision, at the rate of two percent (2%) of
the first three thousand dollars ($3,000.00) of the estimated cost
of construction of streets, storm sewers, sanitary sewers and appurtenances
thereto and other improvements as fixed for the purpose of the subdivision,
if any, or if none, then of the actual cost of such streets, storm
sewers, sanitary sewers, appurtenances and other improvements as calculated
by the Director of Public Works, and one and one-half percent (1.5%)
on the next three thousand dollars ($3,000.00) of such estimated or
actual cost, and one and one-half percent (1.5%) on the cost in excess
of six thousand dollars ($6,000.00); provided, however, that in no
case shall the fee be less than fifty dollars ($50.00). Notwithstanding
any other provision to the contrary, the City shall not escrow funds
for MSD-maintained sewers, but the City will require an escrow for
retention and detention facilities and appurtenances which are part
of the complete sewer system.
i.
Review processing deposit.
(1)
A review processing deposit, in the amount of two
thousand dollars ($2,000.00), shall be paid to the City by the applicant
at the time the preliminary plat is filed with the Planning and Zoning
Commission. Processing and all other actions related to the subdivision
shall not proceed until the deposit is paid in full. The deposit is
for the purpose of providing funds for professional consulting costs
incurred by the City incidental to the processing of plats. Any professional
consulting costs or expenses incurred by the City as a result of the
review process as set out in the Subdivision Code shall be paid out
of said deposited amount. Said professional consulting costs or expenses
incurred by the City, to be deducted from said deposit, shall be determined
by the City Clerk from specific billings submitted to the City by
the consulting professionals.
(2)
If at any time during the processing of the subdivision
application it appears that the review processing deposit is insufficient
to reimburse the City for all such professional consulting expenses
incurred or to be incurred, the City Clerk shall present to the subdivider
a listing of all such actual and anticipated costs or expenses and
shall notify the subdivider of any additional cost assessment necessary
for the completion of the subdivision process. The subdivider shall
remit the additional amount to the City within ten (10) days of the
date of the City Clerk's notice, or within such additional time as
may be allowed by the Planning and Zoning Commission. Processing and
all other actions related to the subdivision, including final determination
or disposition, shall not proceed until such additional cost assessment
is paid in full. Failure to remit the additional cost assessment shall
be grounds for denial of the preliminary or final plat by the Planning
and Zoning Commission.
(3)
Within thirty (30) days from the final determination
or disposition by the City of any subdivision plat, at whatever stage
that may occur, the City Clerk shall present to the subdivider a listing
of all deposits, costs and expenses. Any portion of said deposited
monies not expended or budgeted for expenditures shall be returned
to the subdivider at that time. Conversely, if the processing cost
deposit is insufficient to reimburse the City for incurred professional
consulting expenses, the subdivider, within ten (10) days of receipt
of the City Clerk's accounting, shall remit additional funds for complete
reimbursement of the City's professional consulting costs.
(4)
The deposit required herein shall be separate from,
and is not intended to include, any building or improvement or any
other permit or inspection fees or any escrow monitoring fees.
j.
Additional fees. In addition to all fees provided
for herein, the subdivider shall pay for and arrange for inspections
by other departments or agencies as may be required by other ordinances
and regulations of the City and pay for any and all recording fees.
5.
Plan review when public hearing under conditional use
permit is requested.
a.
Site plan review fee. There shall be a five-hundred-dollar
fee for a site plan review to accompany a submission of a site plan.
b.
Conditional use hearing fee. There shall be
a three-hundred-dollar fee for a hearing for an application for a
conditional use permit to be used to reimburse the City for publication,
mailing and miscellaneous costs.
D.
Permit Records. A record of all permits shall be
kept on file in the office of the Director of Economic Development.
[Ord. No. 1857 §1, 11-21-2013]
A.
It shall be the duty of the Director of Economic Development to enforce
the provisions of this Chapter. The Board of Aldermen may deputize
one (1) or more additional members of his/her staff, as well as members
of other City departments who have a particular skill or competence
to act for the Director of Economic Development. The term "Director
of Economic Development" as used elsewhere in this Chapter shall be
deemed to include such deputies.
B.
The Director of Economic Development shall enforce the provisions of this Chapter by authorizing the issuance of building permits and occupancy permits. By means of field inspections and other activities delineated herein, he/she shall ensure conformance with this Chapter. He/she shall maintain a list and file of all non-conforming uses and developments which are subject to the provisions of Section 400.170 of this Chapter. With the advice of the City Attorney, the Director of Economic Development shall take appropriate action to assure that all uses and developments within the City limits comply with this Chapter and any ruling made pursuant thereto. The Director of Economic Development is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and to order the stoppage of work being done in violation of this Chapter. He/she shall inspect, or cause to be inspected, such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.
C.
The Director of Economic Development shall have the power to adopt
such administrative regulations as he/she deems necessary to the carrying
out of his/her enforcement responsibilities. These regulations shall
have general applicability to cases of similar character.
D.
No building, structure, or part thereof shall hereafter be erected,
constructed, or enlarged; nor shall any building, structure, or part
thereof be hereafter occupied or used in any case of establishment
of a new use, extension, or alteration of cause; or converted from
one use to another use until the Director of Economic Development
authorizes the issuance of a proper permit. However, no permit shall
be required for the raising of agricultural crops or orchards.
E.
No building, structure, or part thereof shall be erected, constructed,
reconstructed, or enlarged, nor shall such work be started without
the issuance of a building permit authorized by the Director of Economic
Development. This permit shall state that the construction complies
with the provisions of this Chapter.
F.
Except as previously provided, no land shall be occupied or used
and no building or structure hereafter erected shall be occupied or
used, in whole or in part, for any purpose until an occupancy permit
is issued. Said permit shall state that the structure and use comply
with the provisions of this Chapter. The use of any land, building,
structure, or part thereof, now or hereafter erected, shall not be
changed until an occupancy permit is issued. No occupancy permit shall
be issued for a change in use unless such change is in conformity
with the provisions of this Chapter.
G.
The Planning Commission or its authorized representatives and the
Director of Economic Development or his/her authorized representatives
are hereby empowered, in the performance of their functions, to enter
upon any land in the City for the purpose of making inspections, examinations,
and surveys or to place and maintain thereon monuments, markers, notices,
signs, or placards required to effectuate the purpose and provisions
of this Chapter. All authorized representatives shall be required
to present proper credentials upon demand when entering upon any land
or structure.
H.
The Director of Economic Development, his/her deputies or inspectors
may cause the cessation of any erection, construction, reconstruction,
alteration, conversion, maintenance, or use in violation of the Zoning
Ordinance by posting a stop-work or stop-use notice on the premises
and by notice in writing to the owner of the property involved, or
to his/her agents, or to the person doing the work in the case of
a stop-work order, stating the nature of the violation.
I.
The Director of Economic Development may refer any violation of this
Chapter to the City Attorney or Prosecuting Attorney for prosecution
or other appropriate action when deemed necessary.
J.
The Police Department shall aid the Director of Economic Development
in enforcing this Chapter by posting stop-work or stop-use notices
when requested by the Director of Economic Development.
[Ord. No. 1857 §1, 11-21-2013]
The owner or agent of a building or premises in or upon which
a violation of any provision of this Chapter has been committed or
shall exist; or the lessee or tenant of an entire building or entire
premises in or upon which any such violation has been committed or
shall exist; or the owner, agent, lessee or tenant of any part of
the building or premises in or upon which any such violation has been
committed or shall exist; or the agent, architect, building contractor,
or any other person who commits, takes part or assists in any violation
or who maintains any building or premises in or upon which such violation
shall exist shall, upon conviction, be punishable by a fine of not
less than ten dollars ($10.00) and not more than two hundred fifty
dollars ($250.00) or by imprisonment for ten (10) days, or both such
fine and imprisonment in the discretion of the court for each and
every day that such violation continues. However, if there is a second
or subsequent offence involving the same violation at the same building
or premises, the punishment shall be a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Any person who, having been served with an order to
remove any such violation, shall fail to comply with such order within
ten (10) days after such service, or shall continue to violate any
provision of the regulations made under authority of this Chapter
in the respect named in such order, shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
