[Ord. No. 2719, 4-13-2021]
As used in this Chapter, the following terms shall have the
meanings indicated:
A place where bees are kept; a collection of beehives.
Any monopodial (running) woody or arborescent grasses from
the genera bambusa, arundinaria and dendrocalamus of the subfamily
bambusoideae, from tropical or temperate regions having hollow stems
and thick rhizomes, including, but not limited to, Acidosasa, Arundinaria,
Bashania, Brachhystachyum, Chimonbambusa, Gelidocalamus, Indocalamus,
Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa,
Sasaella, Semiarundinaria, Shibataea, and Sinobambusa.
Any person who plants, grows, or maintains bamboo, or who
permits bamboo to grow or remain, on property which such person owns
or lawfully occupies.
The Olivette Planning and Community Design Commission.
The Department of Planning and Community Development.
The Director of the Department of Planning and Community
Development or his or her designee.
Garden cultivation and management.
Domesticated animals, including bees, raised to produce labor
and commodities such as meat, eggs, milk, honey, fur, leather, and
wool.
A planned, intentional, and maintained planting of grasses, whether native or non-native, wildflowers, and/or forbs in excess of the height limitations under Chapter 220, Nuisances, including those used as landscapes associated with rain gardens or other bioretention facilities, meadow vegetation, and ornamental plantings.
The process of keeping, feeding, breeding, and medical care
of livestock.
The practicing of horticulture, exclusive of bamboo, or the
rearing of livestock within the City.
[Ord. No. 2719, 4-13-2021]
A.
The purpose of this Section is to:
1.
Recognize the balance necessary to regulate traditional agricultural
activities within a single-family residential urban setting;
2.
Establish defined community parameters for urban agricultural
activities in residential properties;
3.
Maintain neighborhood identity and ensure that minimum standards
are met regarding the condition, appearance and upkeep of the Olivette
community's private yard areas (i.e., hedges, grass lawns, natural
green spaces, livestock pens and hives, etc.);
4.
Develop access and resources for residents to be informed of
the investment requirements for urban agriculture;
5.
Provide an orderly exit strategy for concluding urban agriculture
activities;
6.
Preserve and protect private and public property from the damaging
spread of certain bamboo grasses, protect indigenous plant materials
from the invasive spread of bamboo, and maintain the general welfare
of the City's residents; and
7.
Provide a framework for permitting and inspecting urban agriculture
activities.
[Ord. No. 2719, 4-13-2021]
A.
Only the following livestock may be reared in the City, pursuant
to administrative permit:
1.
Chickens.
a.
Limited to hens only.
b.
No more than six (6) egg-laying hens more than eighteen (18)
weeks of age.
d.
The rearing of roosters more than eighteen (18) weeks of age
and the rearing of chickens for harvesting meat is prohibited. Roosters
over eighteen (18) weeks of age shall be removed from the property.
B.
Such livestock existing as of the date of the adoption of this Chapter
shall be subject to the following regulations:
1.
A person desiring to continue the non-conforming rearing of livestock shall apply for an urban agriculture permit as provided in Section 445.050 hereof. Said application shall be made within one hundred twenty (120) days of the adoption of this Chapter, and the non-conforming rearing of livestock shall be allowed to continue until such time as a final decision has been made on the permit application.
2.
The City shall inspect the non-conforming rearing of livestock to ensure the health and safety of the occupant, his or her neighbors, and the public generally, in accord with Chapter 220, Nuisances, of this Code. If the inspection fails to disclose a nuisance, the administrative permit shall be issued and the non-conforming rearing of livestock shall be allowed to continue, subject to annual permit renewal.
3.
A subsequent and new occupant of property who desires to continue
a non-conforming and previously permitted rearing of livestock may
do so only on issuance of a permit to the new occupant. Permit approval
applications shall be submitted by the new occupant within thirty
(30) days of occupancy.
4.
Notwithstanding anything herein to the contrary, non-conforming chickens and roosters that expire or are removed from the property shall not be replaced so as to exceed the requirements of Section 445.030(A)(1) hereof.
[Ord. No. 2719, 4-13-2021]
A.
Managed natural landscapes are subject to the following conditions:
B.
Managed natural landscapes that do not exceed two hundred fifty (250)
square feet in area and that otherwise conform with the noted regulations
do not need an administrative permit; managed natural landscapes that
exceed two hundred fifty (250) square feet or that exceed the prescribed
limitations require administrative permit approval.
C.
Examples of managed natural landscapes:
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[Ord. No. 2719, 4-13-2021]
A.
Applications. A person desiring to engage in urban agriculture shall
apply to the Department for a permit.
1.
Initial approval of an application shall be valid upon issuance
through December 31 of the initial application year. Thereafter, a
permittee shall apply annually to continue the urban agricultural
activity, but such application shall be made not later than January
31 of any continuance year.
2.
The Commission shall develop application forms consistent with
this Chapter, including at minimum the following information:
a.
Applicant's contact information, including the address
at which the urban agricultural practice is to take place;
b.
Applicant's relationship to the property (tenants, lessees,
and temporary occupants shall require written permission of the owner);
c.
A site plan or other acceptable depiction of the location and
dimensions of improvements and yard boundaries;
d.
The proposed method for housing livestock; and
e.
Existing or proposed screening.
B.
Scope And Nature Of Permit. An urban agriculture permit is administrative
in nature. It is exclusive to the permittee, is not transferable,
is subject to the regulations established by law, and does not create
any vested right in the permittee's practice of urban agriculture
beyond the context of the permit and this Chapter.
C.
Inspections. A person applying for or obtaining an urban agricultural permit shall be subject to reasonable inspection of the property by the City on request to ensure compliance with this Chapter. The failure to allow such an inspection shall be grounds for permit denial or revocation. Nonetheless, if a request for inspection is refused, the City may apply for an administrative warrant to inspect the property as provided in Section 135.110 of this Code.
D.
Fees. The fee for permit consideration and issuance shall be established
by the City Council from time to time and shall be payable at the
time of application.
E.
Additional Enforcement Authority.
1.
The Commission, with the approval of the Olivette City Council,
may establish from time to time additional regulations to implement
this Chapter, which such regulations shall be included in the application
forms.
2.
The Director shall have the authority to issue reasonable written
orders to property owners or occupants, or to urban agriculture permittees,
that are necessary or convenient to effect compliance with this Chapter,
which orders may include compliance requirements and deadlines.
[Ord. No. 2719, 4-13-2021]
A.
Variations. Upon written request, an applicant may petition to exceed the standards of Section 445.030 and Section 445.040 following the procedures of site plan review under Chapter 400, Zoning Regulations.
1.
In exercising this authority, the Commission shall consider:
a.
Circumstances. The circumstances as to why the property owner
is seeking to exceed the parameters of any requirement.
b.
Placement. The placement and location of the urban agriculture
activity.
c.
Visual Buffering. Visual buffering or screening of the activity
to limit visibility from neighboring properties, including excess
setbacks, screened landscape perimeters, or installed privacy fencing.
d.
Noise Mitigation. An intuitive strategy to reduce the overall
impact of noises generated by an Urban Agriculture activity on its
surroundings.
e.
Lot Size. The size of the lot if exceeding the minimum lot area
of the "SR" Single-Family Residential District.
f.
Lot Characteristics. The topography or natural features of the
property, including adjacency to creeks, parks, highways, etc., and
the abutting to non-residential properties.
g.
Other Factors. Any other factors that may be germane to the
requested variation.
2.
In exercising this authority, the Commission shall grant a variation
only to the extent it is consistent with the aesthetic, health, compatibility,
and safety objectives of this Chapter.
3.
The Commission may impose conditions on the granting of a variance.
[Ord. No. 2719, 4-13-2021]
A.
Termination. An urban agricultural permit shall terminate if the
permittee quits the property or for any reason ceases or abandons
the permitted practice.
B.
Revocation.
1.
If a credible complaint is filed alleging either a violation of this Chapter or a violation of Chapter 220, Nuisances, or in the absence of a complaint, on the City's reasonable suspicion of a violation, an investigation shall be made by the Director.
2.
If the investigation substantiates a violation, the Director
shall issue a written notice of the violation. The notice shall be
served by personal delivery, by mailing it to the last known address
of the permittee, or by posting the property at a conspicuous location.
The notice shall direct the permittee to abate the violation within
a prescribed time, but not less than ten (10) days from the date of
the notice. The permittee shall then correct the violation and notify
the Director, in writing, requesting a reinspection to verify that
such violations have been corrected. The permittee's response
shall be dated and transmitted within the prescribed correction window.
The Director may extend the correction window for good cause.
3.
If the permittee fails to correct the violation and notify the
Director within the prescribed correction window (or any extension
thereof), the Director shall revoke the permit by written notice served
by personal delivery, by mailing it to the last known address of the
permittee, or by posting the property at a conspicuous location.
[Ord. No. 2719, 4-13-2021]
A.
Prohibition. Except for pre-existing bamboo, the planting, growing
or cultivating of bamboo by any person is prohibited.
B.
Pre-Existing Bamboo.
1.
Within sixty (60) days of the adoption of this Chapter, the
owner of pre-existing bamboo shall register same with the Department
on forms to be provided by the Department.
3.
If a neighboring property owner objects to bamboo intrusion, or if bamboo intrudes into any private right-of-way, the owner thereof shall inform the Department, which shall investigate the intrusion, and, if verified, shall issue an abatement order to the bamboo owner as provided in Section 445.080(C) hereof. If bamboo intrudes into any public right-of-way, the Department shall issue an abatement order to the bamboo owner as provided in Section 445.080(C) hereof.
C.
Notice And Abatement Order.
1.
If any bamboo intrudes into an area restricted by Section 445.080(B), the Department shall issue an order requiring the abatement of such bamboo within a prescribed time from the date of the notice, not to exceed one hundred eighty (180) days, which time may be extended by the Director for good cause. The notice shall be served by personal delivery, by mailing it to the last known address of the bamboo owner, or by posting the property at a conspicuous location.
2.
Within one hundred eighty (180) days of the date of such notice,
the bamboo owner shall effect the removal and eradication of the intruding
bamboo, including the root system, and shall also install a barrier
on and in the bamboo owner's property to prevent future bamboo
intrusion into the restricted area. Plans and specifications regarding
the barrier's location, methodology, and installation shall be
submitted by the bamboo owner and subject to the approval of the Department.
[Ord. No. 2719, 4-13-2021]
A.
Enforcement. If a property owner, bamboo owner, or urban agriculture
permittee fails to timely act after having received a written order
from the Department or the Director for Code compliance or abatement
purposes, the City may pursue one (1) or more of the following remedies:
1.
Subject to the requirements and scope of an administrative warrant issued pursuant to Section 135.110 of this Code, enter the property and abate any non-compliance at the cost of the owner or permittee;
2.
Issue a Municipal Court citation to the owner or permittee for
violating this Chapter; and/or
3.
Pursue litigation against an owner or permittee, in equity or
at law, to enjoin compliance, or to restrain or prevent non-compliance,
with this Chapter.
B.
Enforcement Cost Recovery. The cost and expense of such enforcement
proceedings, including attorney fees, shall be recoverable from the
owner or permittee. If such expenses are unpaid more than thirty (30)
days after demand for payment has been made by the City on the owner
or permittee and all appeals have been exhausted, the City may lien
the property of the owner or permittee for the collection of same.
C.
Variance Appeals. An aggrieved person may appeal any determination
of the Commission to grant, deny, or condition a variation from this
Chapter's regulations to the St. Louis County Circuit Court pursuant
to Section 536.150 of the Revised Statutes of Missouri.
D.
Other Appeals. An aggrieved person may appeal any determination of
the Director or the Department to grant, deny, revoke, or condition
any urban agriculture permit, or to order the abatement of intrusive
bamboo.
1.
Appeals must be filed, in writing, within ten (10) days of the
date of the determination, stating the grounds for the appeal.
2.
Appeals shall be determined after an informal hearing by the
City Manager or the manager's designee.
3.
At least five (5) days' written notice of the hearing shall
be given to the owner or permittee by personal delivery, by mail,
or by posting.
4.
The owner, permittee and any other interested party may appear
at the hearing and testify and present evidence concerning the conditions
giving rise to the revocation.
5.
The City Manager or designee shall issue a written determination
within five (5) days of the hearing and serve same by personal delivery,
by mailing it to the last known address of the permittee, or by posting
the property at a conspicuous location.
6.
Any person aggrieved by the City Manager's decision may
appeal to the St. Louis County Circuit Court pursuant to Section 536.150
of the Revised Statutes of Missouri.
