City of Herculaneum, MO Chapter 415 Special Exception Uses

Section 415.010 Guiding Principles.

[Ord. No. 258 Art. 5 §501; Ord. No. 37-2009, 11-23-2009]

A. Recognizing that certain uses, activities and structures are necessary to service the needs and convenience of the City of Herculaneum and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as special exception uses.

B. In addition to other powers conferred by this Title and applicable Statutes, the Planning and Zoning Commission shall have original jurisdiction and powers to recommend the granting of a permit for a special exception use under the terms and conditions established by this Title, under the following stipulations and guiding principles:

1. The use for which application is being made is specifically authorized as a special exception use in Chapter 410 of this Title for the zone in which located.

2. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:

a. Character of the neighborhood.

b. Conservation of property values.

c. Health and safety of residents and workers on adjacent properties and in the surrounding neighborhood.

d. Potential congestion of vehicle traffic or creation of undue hazard.

e. Stated principles and objectives of this Title and the Comprehensive Master Plan of the City of Herculaneum.

Section 415.020 Permitted Special Exception Uses.

[Ord. No. 258 Art. 5 §502; Ord. No. 02-017 §1, 6-10-2002; Ord. No. 37-2009, 11-23-2009]

A. Public utility uses, such as water filtration plants, sewerage disposal plants, pumping stations, high voltage transmission lines and towers, electric substations, telephone exchanges and repeater stations, but no service or storage yards, subject to the following:

1. Proof is furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and that the satisfactory and convenient provision of service to the neighborhood or area in which the facility is to be located.

2. The design of any building or structure required for such use conforms to the general character of the area in which it is located.

3. Adequate fencing and landscaping will be provided and periodically maintained.

4. The lot on which located is sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility together with any of the structural portions of the use or parking facilities being closer than twenty-five (25) feet to adjacent properties.

5. Any outdoor storage of trash shall be fully enclosed by a fence or wall at least six (6) feet in height made of vinyl or masonry material to enhance the area.

B. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract subject to the following:

1. In addition to the material required for the application as specified in Section 415.030, the application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material to guarantee to the satisfaction of the Planning and Zoning Commission the following:

The organization is, or will be, a bona fide non-profit religious group organized purely for the benefit of its membership and such other activities normally carried on by religious groups.

2. The area of the lot on which the proposed use is to be located shall have a minimum area of one-half (½) acre and a minimum width of one hundred (100) feet.

3. The coverage of the lot by structures will not exceed forty percent (40%).

4. No building will be located within twenty-five (25) feet of a street line nor within ten (10) feet of a side or rear property line.

5. Off-street parking space shall be provided at a rate of one (1) space for each six (6) seats or bench seat in the church building and one (1) for each four (4) seats in any other form of meeting room space.

Such parking shall not be located within the front yard area nor within ten (10) feet of a property line and shall otherwise comply with all general requirements of this Title concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity and locations to preclude the transmission of headlight glare or other lighting to adjacent properties and to preclude view of the parking area from a public street.

6. Any outdoor storage of trash shall be fully enclosed by a fence or wall at least six (6) feet in height made of vinyl or masonry material to enhance the area.

C. Public schools and private schools and institutions of higher learning operated by charitable or religious organizations which are not conducted as a business subject to the following:

1. The site area is five (5) acres plus one (1) additional acre for every one hundred (100) pupils or portion thereof of maximum capacity.

2. The lot coverage does not exceed forty percent (40%).

3. No structure is located within one hundred (100) feet of a street or property line.

4. Sufficient off-street parking space shall be provided to insure that the use will not cause parking in a public street during the course of normal educational programs.

5. Any outdoor storage of trash shall be fully enclosed by a fence or wall at least six (6) feet in height made of vinyl or masonry material to enhance the area.

6. Parking facilities shall be maintained as follows:

a. Two (2) square feet of space for each square foot of floor area in the primary building.

b. Where such parking areas abut a residential zone, they shall be screened by a buffer area not less than ten (10) feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the Planning and Zoning Commission will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of five (5) feet above finished grade at the highest point in the parking area. The materials used shall be in keeping with the character of the adjacent residential area.

c. Driveways to parking areas shall be limited to two (2) for each one hundred (100) feet of frontage. Such driveways shall not be less than twelve (12) feet nor more than twenty-five (25) feet in width.

d. No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this Section.

D. Clubs or lodges for fraternal or social purposes operated by chartered membership organizations for the benefit of their members and not for profit may be permitted in the "R-1", "R-2" and "R-3" subject to the following:

1. In addition to the material required for the application as specified in Section 415.030, the application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the organization. Such material shall guarantee to the satisfaction of the Planning and Zoning Commission the following:

a. The organization is, or will be, a bona fide non-profit group organized solely for the benefit and enjoyment of its members.

b. The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that the premises may be made available on a rental basis for meetings or other groups, private social functions and the like. The maximum membership and guest limit of the organization is fixed at a level which is commensurate with the scale of facilities to be provided. No further membership expansion will take place without prior approval of the Planning and Zoning Commission.

c. The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.

d. All activities of the organization will be carried on within an enclosed building.

2. The area of the lot on which the use is proposed shall have a minimum of one (1) acre and is not less than one hundred (100) feet wide.

3. The coverage of the lot by structures will not exceed forty percent (40%).

4. No building will be located within twenty-five (25) feet of any property or street line.

5. Any outdoor storage of trash shall be fully enclosed by a fence or wall at least six (6) feet in height made of vinyl or masonry material to enhance the area.

6. Off-street parking space shall be provided at a rate of one (1) for each four (4) memberships over the age of seventeen (17). Such parking space shall not be located within twenty five (25) feet of a property or street line and shall otherwise comply with general requirements of this Title concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity and locations to preclude the transmission of headlight glare or other lighting to adjacent property.

E. Multi-family residential may be permitted in the "R-3" District, providing:

1. The minimum tract size for multi-family residential shall be four (4) contiguous acres and have a gross density not to exceed ten (10) dwelling units per acre, without special permission of the Planning and Zoning Commission, and minimum lot area per family shall not be less than three thousand six hundred (3,600) square feet.

2. Multi-family residential shall not exceed fifteen (15) acres.

3. Multi-family residential total ground floor area shall not exceed forty percent (40%) of the project area.

4. Height not more than two and one-half (2½) stories thirty-five (35) feet, until such time as an additional ordinance may be developed and approved permitting construction of higher buildings in Herculaneum, to be dependent upon municipal ability to guarantee suitable fire protection and water pressure, as well as other considerations.

5. In all developments accommodating or designed to accommodate twenty-five (25) or more dwelling units, there shall be one (1) or more recreation areas which shall be easily accessible to all units and which in the aggregate shall total not less than ten percent (10%) of the area of the tract.

a. No outdoor recreation area shall contain less than five thousand (5,000) square feet.

b. Recreation areas shall be located so as to be free of traffic hazards and should be centrally located.

6. Multi-family residential shall be located at least fifty (50) feet from any street right-of-way which abuts a multi-family residential boundary and at least thirty-five (35) feet from any other boundary line.

a. There shall be a minimum distance of thirty (30) feet between a building and adjoining pavement of a street or common parking area or other common areas.

b. All multi-family residential shall provide and maintain a screening strip such as fences and natural growth along all property boundary lines. Such screening shall consist of dense hedges and trees. The hedges shall be at least fifty percent (50%) evergreen shrubbery. All landscaping shall be planted five (5) feet on center in each of two (2) staggered rows not more than five (5) feet from each other and neither of which shall be closer than five (5) feet to the property line being screened. Plants shall be a minimum height of three (3) feet at planting and shall attain and be maintained at a height of not less than five (5) feet. A planting plan specifying type, size and location of existing and proposed materials shall be required.

7. All multi-family residential shall be provided with safe and convenient vehicular access from abutting public streets or roads.

a. Access to multi-family residential shall be designed to minimize congestion and hazards at the entrance and exit and allow free movement of traffic to adjacent streets.

b. Any street shall be built to the street and storm drainage specifications of the City of Herculaneum subdivision regulations.

c. Within one hundred (100) feet of an intersection, streets shall be at approximate right angles. Not more than two (2) streets shall intersect one (1) point and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset intersecting streets.

8. Off-street parking areas shall be provided in all multi-family residential for the use of the occupants. Such paved areas shall be furnished at the rate of two and one-half (2½) car spaces for each dwelling.

a. Required car parking spaces for occupants shall be located as to provide convenient access, but shall not exceed a distance of four hundred (400) feet from the dwelling it is intended to serve.

b. No parking shall be allowed on the traveled portions of the street, alleys or walks within the project.

9. All multi-family residential shall be provided with safe, convenient, all season pedestrian walks of bituminous concrete or Portland cement concrete of a depth and width by the Public Works Coordinator between individual homes, streets and all community facilities provided for residents. Sudden changes in alignment shall be avoided. If the walks are to be constructed in a right-of-way to be dedicated to the City, Portland cement concrete shall be required.

a. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three and one-half (3½) feet.

b. All dwellings shall be connected to common walks and to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two and one-half (2½) feet.

10. Consideration shall also be given to the number of school children in the proposed multi-family residential development might generate at total capacity, in relation to the current ability of the public school system to accommodate without exerting undue hardship upon the existing structures, staff and tax base. In no case shall a large, multiple dwelling project be admitted which might critically unbalance or harm the school district of which the City of Herculaneum is a part.

11. Residential amenities shall be provided, in the interest of minimizing future obsolescence and blight. Concealed drying space shall be provided for every dwelling unit, unless dryers are part of a built-in kitchen or personal utility room for each family. Shared laundry facilities shall not be regarded as substitutes for the drying yards, which shall be concealed from view at street level, as shall be the trash and garbage containers and outdoor storage or service areas.

12. Any outdoor storage of trash shall be fully enclosed by a fence or wall at least six (6) feet in height made of vinyl or masonry material to enhance the area.

F. Convalescent Homes.

1. Off-street parking shall be in other than the required front yard area and shall be no closer than twenty-five (25) feet to a property line other than a street line. Parking areas shall be provided with illumination. All outdoor illumination shall be so arranged, shielded or otherwise restricted to protect adjacent properties from glare or reflection.

2. Any outdoor storage of trash, laundry, oxygen tanks or other waste or supplies shall be fully enclosed by a fence or wall at least six (6) feet in height of vinyl or masonry material to enhance the area.

3. Driveways shall not be closer than twenty (20) feet to any property line other than a street line and shall not be wider than thirty (30) feet at the street line. Two (2) driveways shall be not closer to each other than seventy-five (75) feet.

Section 415.030 Application Procedure.

[Ord. No. 258 Art. 5 §503; Ord. No. 05-014 §1, 4-25-2005; Ord. No. 37-2009, 11-23-2009]

A. Any person seeking a permit for any special exception use shall first make application in the form described by Subsection (D) hereof to the Administrative Officer for a special exception permit.

B. The Administrative Officer shall forward the file to the Planning and Zoning Commission for its consideration. A copy of the site plan, if appropriate, shall also accompany the application to allow an evaluation of the proposed special exception use and its relationship and conformity to the goals and objectives and policies established by the Comprehensive Master Plan. The Planning and Zoning Commission shall, within thirty (30) days after receipt of such application, make a written report to the Board of Aldermen setting forth its findings and recommendations concerning the application. In its review, the Planning and Zoning Commission shall grant the applicant and other interested parties the right to be heard. In its recommendations, the Planning and Zoning Commission may suggest any revisions to the site plan, landscaping plan or other plans as will, in its opinion, cause the proposed special use to be in substantial conformance with the Comprehensive Master Plan and its principles of land use and development.

C. The Board of Aldermen shall approve or deny such application in accordance with the time limits provided by law. In approving any such applications, the Board of Aldermen may impose any modifications or conditions it deems necessary to carry out the intent of this Title or to protect the health, safety or welfare of the community. If an application is approved, the Administrative Officer shall be empowered to issue a building permit upon request of the applicant in accordance with the terms and conditions of the Board's approval.

D. The application and all supporting documents shall be made in triplicate and shall include the following plans and information.

1. The location, use, design, dimensions and height of each proposed building or structure.

2. The location and arrangement of vehicular accessways and location, size and capacity of all areas to be used for off-street parking, loading and unloading.

3. The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.

4. The design and treatment of open areas, recreation areas, buffer areas and screening devices to be maintained including dimensions of all areas devoted to planting lawns, trees or other landscaping devices.

5. Provisions for water supply, storm draining and sewer disposal.

6. Sufficient data to indicate the effects of the proposed use development in producing traffic congestion and safety hazards and sufficient additional data to enable the Board of Aldermen of the City of Herculaneum to determine compliance with the design requirements set forth in this and other pertinent Sections of the Title.

E. Any applicant for a special exception use shall be required to place notice of such hearing in one (1) issue of a paper of general circulation within Jefferson County, such notice to be published not less than fifteen (15) days prior to the date of said hearing. Notice of such hearing shall also be posted at least fifteen (15) days in advance thereof in one (1) or more public areas of the City of Herculaneum and shall also be required to be posted by sign on the premises itself in such manner and size such that the sign shall be readable from the nearest thoroughfare. In the event there is not a thoroughfare in close proximity such that a sign can be read from such thoroughfare, the Public Works Director may waive this requirement. Notice shall also be given at least fifteen (15) days before the hearing, by certified mail, to all owners of any real property within one thousand (1,000) feet of the parcel of land for which the change is proposed.