[Ord. No. 59 §1, 7-5-1949]
In order to regulate and restrict the location of trades, industries and residences and the location of buildings erected or altered for specific uses, and to regulate and limit the height of buildings hereafter erected or altered, to regulate and determine the area of yards and other open spaces, and to regulate and limit the density of population, Velda City is hereby divided into districts of which there shall be two (2) known as:
Velda City is hereby divided into two (2) districts aforesaid and the boundaries of such districts are shown upon the map, which is on file in the office of the City Clerk, being designated as the District Map and said map and all the notations, references and other information shown thereon shall be as much a part of this Chapter as if the matters and information set forth by said map were all fully described herein; except as hereinafter provided, to-wit:
No building shall be erected, converted, reconstructed or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.
No building shall be erected, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.
No building shall be erected, reconstructed or structurally altered so as to intrude upon the area required for the front, side and rear yards as herein established.
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Chapter.
No building shall hereafter be erected or structurally altered unless located on a lot as herein defined, and in no case shall there be more than one (1) building on one (1) lot except that a private garage may be permitted.
[Ord. No. 59 §2, 7-5-1949; Ord. No. 124 §1, 5-4-1967; Ord. No. 137 §1, 9-26-1968]
In the "A" Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered except for single-family residence occupation, which may include one (1) private garage per residential lot.
All existing building lines shall be strictly adhered to.
The existing regulations pertaining to Building Code shall be complied with.
Uses customarily incident to residential occupancy when situated in the same dwelling, including home occupation, such as the office of a physician, surgeon, dentist or lawyer shall be permissible. Provided however, no name plate exceeding one (1) square foot in area shall be permitted, nor shall any illuminated or lighted name plate or sign of any size or description be permitted within said "A" Residential District.
No billboard or advertising sign of any size or description shall be permitted in "A" Residential District, except that signs not exceeding three (3) square feet in area pertaining to the leasing or rental of the premises only, shall be permitted.
No "For Sale" or "Sold" signs whatsoever shall be displayed, posted or erected in, on or upon any premises within "A" Residential District, within the City.
No realty information sign shall be placed on or upon any public right-of-way, street, alley or thoroughfare.
The City Governing Body shall cause to have notified any realty company or other person or persons whose name or names appear on any sign located upon any premises zoned "A" Residential District, which is in violation of this Chapter. If such sign is not removed within three (3) days after such notice aforesaid, the same shall be removed by an authorized officer of the City and stored for a period of thirty (30) days and may be reclaimed upon payment of two dollars ($2.00) to cover costs of removing and storing such sign.
If such sign is not claimed by the person or company after the expiration of thirty (30) days, it shall be destroyed. The notice provided for aforementioned shall be by certified mail.
All future structures shall conform in height to present existing adjoining buildings or structures in said "A" Residential District. That is to say no two-story residence shall be erected adjacent to a one-story residence, or a one-story residence adjacent to a two-story residence.
No commercial enterprise, of any kind or description, except as provided in Subparagraph (3) herein shall be permitted within said "A" Residential District.
Lot areas in said "A" Residential District shall not be less than present existing lots, including front and rear yards.
No building or structure exceeding two (2) stories in height shall be permitted within said "A" Residential District.
The term "single-family residence occupancy" as used in this Section, is hereby construed to mean that the occupancy of any single-family residence as provided in "A" Residential District in said Section shall be limited and restricted to a person or persons occupying such premises and living as a single housekeeping unit.
No single-family residence in said "A" Residential District shall be permitted to be used nor occupied as a rooming house, boarding house or lodging house, whether meals be furnished or not.
No structure or premises in said "A" Residential District shall be permitted to be converted nor altered into apartments, or to create any type of multiple dwelling.
[Ord. No. 59 §3, 7-5-1949; Ord. No. 60 §1, 12-6-1949; Ord. No. 87 §1, 11-6-1958; Ord. No. 579 §1, 2-9-2005]
In the "B" Commercial District, all buildings and lands, except as otherwise provided in this Chapter, are restricted to light commercial, being construed to mean stores and shops only, dispensing merchandise at retail only.
No industrial, heavy or light, manufacturing, processing or industry of any kind or description shall be permitted within said "B" Commercial District.
No funeral home, undertaking establishment or like uses shall be permitted within said "B" Commercial District.
No car wash, service station, filling station or car repair facility of any kind shall be permitted within the "B" Commercial District.
Structures and buildings erected in said "B" Commercial District may be either one (1) story or two (2) stories in height but in no event shall exceed two (2) stories in height. In buildings and structures of two (2) story height, the second (2nd) story may be occupied as residential quarters or offices in said "B" Commercial District.
No tourist court or trailer camps of whatsoever kind or description shall be permitted within the City limits.
The erection and construction of any structure, building or dwelling for use or occupancy as a motel, is hereby prohibited; nor shall any existing building, structure or dwelling be altered or converted for occupancy or use as a motel.
Multiple dwellings, construed to mean single and double flats, not exceeding four (4) family dwellings, may be permitted within said "B" Commercial District.
[Ord. No. 59 §4, 7-5-1949]
The lawful use of land existing as of July 5, 1949, although such use does not conform to the provisions hereof, may be continued but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this Chapter.
[Ord. No. 59 §5, 7-5-1949]
Nothing in this Chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value, by fire, explosion or other casualty or act of God, or public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of partial destruction.
[Ord. No. 324 §3, 7-18-1979]
After a public hearing conducted by the Zoning Commission and the reception of a report and recommendation from the Zoning Commission, the Board of Aldermen may in its sole discretion authorize by special permit in any district the location, erection, reconstruction or structural alteration of any of the land, uses or structures otherwise prohibited by this Chapter and under such conditions as may be set forth in the special permit may restrict the nature of the physical structure, extent of special use, hours of operation, access, duration of any other matters determined as necessary.
[Ord. No. 59 §8, 7-5-1949]
Any person or persons, firm, partnership or corporation who shall violate any of the provisions of this Chapter or fail to comply herewith, or shall violate or fail to comply with any order or regulation made hereunder shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions as provided for by law of the State of Missouri.
[Ord. No. 604 §4, 9-12-2007]
Definitions. As used in this Section, the following terms shall have the following meanings unless otherwise defined by context:
- The manager or administrator of the City or such other person designated by the City to hear appeals as provided in Section 405.080(B)(5).
- The City's Public Works Director or such other person designated to administer and enforce this Section.
- A network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
- FACILITIES PERMIT
- A permit granted by the City for placement of facilities on private property.
- An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust organization, corporation or other entity or any lawful successor thereto or transferee thereof.
- Providing or delivering an economic good or an article of commerce, including, but not limited to gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one (1) or more persons located within or outside of the City using facilities located within the City.
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit, in addition to any other permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Section and to accomplish the purposes of this Section. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
The name of the person on whose behalf the facilities are to be installed and the name, address and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day seven (7) days per week) concerning the facilities;
A description of the proposed work, including a site plan and such plans or technical drawing or depictions showing the nature, dimensions and description of the facilities, their location and their proximity to other facilities that may be affected by their installation.
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.
Application review and determination.
The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to Subparagraph (d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
Has submitted all necessary information,
Has paid the appropriate fees, and
Is in full compliance with this Section and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section. To accomplish such purposes the Director may impose conditions on facilities permits including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
Delinquent fees, costs or expenses owed by the applicant;
Failure to provide required information;
The applicant being in violation of the provisions of this Section or other City ordinances;
For reasons of environmental, historic or cultural sensitivity as defined by applicable Federal, State or local law;
For the applicant's refusal to comply with reasonable conditions required by the Director; and
For any other reason to protect the public health, safety and welfare, provided that such denial does not fall within the exclusive authority of the Missouri Public Service Commission and is imposed on a competitively neutral and non-discriminatory basis.
Permit revocation and ordinance violations.
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Section. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
A material violation of the facilities permit or this Section;
An evasion or attempt to evade any material provision of the permit or this Section or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
A material misrepresentation of fact in the permit application;
A failure to complete facilities installation by the date specified in the permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the applicant's control; and
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards or the City's pertinent and applicable ordinances including, but not limited to, this Section, provided that City standards are no more stringent than those of a national safety ordinance.
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Section and in lieu of revocation the Director may initiate prosecution of the applicant or the facilities owner for such violation.
Appeals and alternative dispute resolution.
Any person aggrieved by a final determination of the Director may appeal in writing to the Administrator within five (5) business days thereof. The appeal shall assert specific grounds for review and the Administrator shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The Administrator may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the Administrator may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the Administrator's final determination.
On agreement of the parties and in addition to any other remedies, any final decision of the Administrator may be submitted to mediation or binding arbitration.
In the event of mediation, the Administrator and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties and each party shall pay its own costs, disbursements and attorney fees.
In the event of arbitration, the Administrator and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the Administrator, one (1) arbitrator selected by the applicant or facilities owner and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.
The following general regulations apply to the placement and appearance of facilities:
Facilities shall be placed underground, except when other similar facilities exist above ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible as determined by the City and when in the City's judgment the above ground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are:
Facilities shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sight-proof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials and shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and all other applicable Federal, State or local laws and regulations.
No person shall place or cause to be placed any sort of signs, advertisements or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
Any person installing, repairing, maintaining, removing or operating facilities and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
The applicant shall provide written notice to all property owners within one hundred eighty-five (185) feet of the site at least forty-eight (48) hours prior to any installation, replacement or expansion of its facilities. Notice shall include a reasonably detailed description of work to be done, the location of work and the time and duration of the work.
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation or maintenance of streets or other public works or to protect the ROW or the public health, safety or welfare.
If a person installs facilities without having complied with the requirements of this Section or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and the Rights-Of-Way Usage Code in addition to the regulations provided herein.