[Ord. No. 59 §1, 7-5-1949]
A.
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:
B.
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:
1.
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.
2.
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.
3.
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.
4.
No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this Chapter.
5.
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]
A.
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.
1.
All existing building lines shall be strictly adhered to.
2.
The existing regulations pertaining to Building Code shall be complied
with.
3.
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.
4.
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.
5.
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.
6.
No realty information sign shall be placed on or upon any public
right-of-way, street, alley or thoroughfare.
7.
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.
8.
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.
9.
No commercial enterprise, of any kind or description, except as provided
in Subparagraph (3) herein shall be permitted within said "A" Residential
District.
10.
Lot areas in said "A" Residential District shall not be less than
present existing lots, including front and rear yards.
11.
No building or structure exceeding two (2) stories in height shall
be permitted within said "A" Residential District.
12.
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.
13.
No single-family residence in said "A" Residential District shall
be permitted to be used nor occupied as a rooming house, lodging house
(with or without meals) or short-term rentals of housing.
[Ord. No. 712, 11-26-2019; Ord.
No. 405.2, 4-27-2021]
14.
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]
A.
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.
1.
No industrial, heavy or light, manufacturing, processing or industry
of any kind or description shall be permitted within said "B" Commercial
District.
2.
No funeral home, undertaking establishment or like uses shall be
permitted within said "B" Commercial District.
3.
No car wash, service station, filling station or car repair facility
of any kind shall be permitted within the "B" Commercial District.
4.
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.
5.
No tourist camp, trailer camp or short-term rental of a building
or single-family residence housing structure of whatever kind or description
shall be permitted within said "B" Residential District.
[Ord. No. 712, 11-26-2019; Ord.
No. 405.2, 4-27-2021]
6.
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.
7.
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]
A.
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.
B.
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]
A.
ADMINISTRATOR
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
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.
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.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit, in addition to any
other 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:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical 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.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
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:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
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.
b.
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.
c.
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.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Section
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this 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:
(1)
A material violation of the facilities permit or this Section;
(2)
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;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances including, but not
limited to, this Section, provided that City standards are no more
stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Section and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
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.
b.
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.
(1)
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.
(2)
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.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible
as determined by the City and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. 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.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice 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.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this 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.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and the Rights-Of-Way
Usage Code in addition to the regulations provided herein.
