Brentwood City Zoning Code
ARTICLE V
Supplemental Regulations
Section 400.1830 Building Use Limitations.
[R.O. 2009 §25-351; Ord. No. 2739 §§43-50.1 — 43-50.4, 43-51, 5-20-1985]
A.
No building shall be erected, enlarged, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this Chapter for the district in which the building or land is located.
B.
The minimum yards and open spaces required by this Chapter, including lot area per family requirement, shall not be encroached upon or considered as fulfilling the yard or open space requirements for any other building.
C.
Every building or complex of buildings erected or structurally altered after May 20, 1985, shall be located on a lot that meets the requirements of both this Chapter and Chapter 405. The open space requirements for the district in which each lot is located must likewise be met.
D.
In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted or changed to accommodate additional dwelling units or another use without first obtaining a certificate of occupancy as provided in Sections 400.1230 and 400.1240. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan as provided in Article II, Division 9, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.
E.
Every building constructed or relocated after May 20, 1985, shall be placed on a lot adjacent to a public street or that has access to an approved public or private street. All buildings shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking and loading.
Section 400.1840 Setback and Building Lines.
[R.O. 2009 §25-352; Ord. No. 2739 §§43-52.1 — 43-52.2, 5-20-1985]
A.
Purposes of the setback lines provided for in this Chapter are to establish safe and clear rights-of-way and to provide adequate light, air and open space in conformity with buildings now in existence.
B.
No building or structure shall be located closer to a major street or highway in the City than provided by the minimum standards specified below:
1.
Arterial street or highway. Brentwood Boulevard and Manchester Road.
2.
Sixty-five (65) foot setback from the centerline or twenty-five (25) feet from the right-of-way of the arterial street or highway, whichever is greater, if no parking zone or area is located in front of the building or buildings occupying the lot.
C.
If the parking area is to be located in front of the building or buildings, the setback will be a minimum of ninety (90) feet from the centerline of the right-of-way or fifty (50) foot setback from the present right-of-way line, whichever is greater.
Section 400.1850 Height of Public Buildings - Towers, Spires, Etc.
[R.O. 2009 §25-353; Ord. No. 2739 §§43-53 — 43-54, 5-20-1985]
A.
The height of public, semi-public or public service buildings, hospitals, institutions, churches or schools shall be governed by the applicable height regulations of the district in which such building is to be erected.
B.
The height of building elements or structures requiring extraordinary height limitations, such as chimneys, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers, cell phone towers, grain elevators or necessary mechanical appurtenances, may be recommended by the Planning and Zoning Commission in accordance with the provisions for site plan approval in Section 400.1060.
Section 400.1860 Existing Lots.
[R.O. 2009 §25-354; Ord. No. 2739 §§43-55.1 — 43-55.4, 5-20-1985]
A.
A single-family residential structure may be constructed on any lot in the "A", "B" or, "AR" District if the lot is less than the minimum area required for building lots in the district in which it is located, providing the following conditions exist or are met:
1.
Availability of adjacent vacant land. No structure shall be erected on any non-conforming lot if the owner of the lot owns or did own after this Chapter was in effect any adjoining vacant land which would create a conforming lot if the vacant land were combined with the lot deficient in area.
2.
Side yards. No structure other than a permitted fence, wall or other similar structure shall be constructed on a non-conforming lot unless it shall have a minimum side yard of five (5) feet or a minimum side yard of ten (10) feet where adjacent to any street.
3.
Front and rear yards. No structure other than a permitted fence, wall or other similar structure shall be constructed on a non-conforming lot unless it shall have front and rear yards conforming to the minimums required for the residential district in which the lot is located.
B.
The minimum lot width of any lot shall be measured along the front yard setback line as required for the district in which it is located.
C.
At all street intersections no obstruction to vision other than an existing building, post, column, tree or shrubbery shall be erected in an area defined by the following formula: The triangular area formed by connecting two (2) points, each forty (40) feet from the street intersection and located on the front lot line.
D.
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Chapter. If already less than the minimum required by this Chapter, the area or dimension may be continued but shall not be further reduced.
Section 400.1870 Yard Requirements.
[R.O. 2009 §25-355; Ord. No. 2739 §§43-56.1 — 43-56.4, 5-20-1985; Ord. No. 3543 §2, 6-16-1997; Ord. No. 5080, 3-6-2023]
A.
Every part of a required yard must be open to the sky and unobstructed except for permitted fences, walls, hedges, signs, off-street parking, the ordinary projection of sills, belt courses, buttresses or ornamental features, awnings, canopies, fire escapes, fire-proof outside stairs, terraces not extending more than three (3) feet above grade level, open balconies, open porches, including screening (but not windows or solid walls), eaves or cornices, all of which may project up to five (5) feet into the required setback. No structure used by, or intended to be used by, persons or pets may be built within the building setback portion of any required yard if the finished floor level of that structure is more than three (3) feet above the level of the yard, alley or sidewalk of the adjoining property without the specific approval of the Board of Aldermen. The term "structure" in this Section includes, but is not limited to, room additions, sundecks, patios, children's play structures, swimming pools, tennis courts or other like structures.
B.
Any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street; provided, however, that on corner lots in "A" or "B" Single-Family Residential Zoning Districts which: a) adjoin a roadway classified by the Missouri Department of Transportation as a minor arterial roadway, and b) are improved with residences having their front entrance and driveway access on a roadway other than the minor arterial roadway, a detached garage may be constructed within the side yard adjacent to the minor arterial roadway, provided the detached structure is: i) primarily to the rear of the rear line of the principal structure on the lot; and ii) no closer than ten (10) feet to the lot line along the minor arterial roadway, and iii) not greater than sixteen (16) feet in height. In any event, the minimum side yard setback of a corner lot shall be no less than ten (10) feet.
C.
Where the side or rear yard in any residential district "A," "B," "AR" or "MR" abuts a side or rear yard in any non-residential district, there shall be provided along such abutting line or lines a side or rear yard at least equal in depth to that required in the residential district, other provisions of this Chapter notwithstanding. In no case, however, shall the abutting side yard be less than twenty (20) feet and the abutting rear yard be less than twenty (20) feet.
Section 400.1880 Lighting.
[R.O. 2009 §25-356; Ord. No. 2739 §§43-57.1 — 43-57.2, 5-20-1985; Ord. No. 5088, 5-1-2023]
A.
The City of Brentwood recognizes that some public areas need to be illuminated at night and that residents and businesses have the right to illuminate their properties for safety and commerce. Conversely, the City also recognizes that artificial light at night impacts environmental conservation and public health. This outdoor lighting Section applies to all new construction, and to replacement of existing exterior lamps and lighting fixtures on properties other than property used exclusively for single-family and two-family residential structures. Retrofits to existing outdoor lighting fixtures are not required. However, whenever light bulbs on properties other than single-family and two-family residential structures are replaced in existing outdoor lighting fixtures, the replacement bulbs must not exceed a Correlated Color Temperature rating of three thousand (3,000) degrees Kelvin unless the owner of the fixture establishes to the satisfaction of the reasonable administrative judgment of the Director of Planning and Development that the fixture cannot operate with reasonable efficiency without using a bulb with a rating greater than three thousand (3,000) degrees. These regulations are intended to:
1.
Protect the public health, safety and general welfare;
2.
Enable the fair and consistent enforcement of these regulations;
3.
Control light spillover and glare to reduce the degradation of the sky from light pollution and preserve views of the night sky;
4.
Encourage lighting systems which conserve and promote energy efficiency, community health and costs;
5.
Preserve community character, and promote harmony between neighbors;
6.
Provide for nighttime safety, utility, security, and productivity.
B.
The following standards shall apply to all exterior light fixtures within the City:
1.
The light from any luminaire, the light source and its enclosure including any reflectors or other devices for the control of light, but excluding bracket arms or posts for support or mounting, shall be shaded, shielded or directed to prevent direct light from being cast upon any adjacent property and to prevent glare or other objectionable problems to surrounding areas.
2.
Lighting fixtures shall not exceed sixteen (16) feet in height, unless specifically permitted by site plan approval in accordance with Article II, Division 9.
3.
Lamps located on property used for anything other than single-family and two-family residential structures may not exceed a Correlated Color Temperature (CCT) of three thousand (3,000) Kelvin.
4.
No luminaire shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color, nor will any beacon lights be permitted.
5.
Neither the direct nor reflected light from any luminaire shall create a disabling glare causing traffic hazards to motor vehicle operators on public thoroughfares.
C.
All light fixtures/lamps/bulbs lawfully installed and operable prior to the effective date of this Section are exempt from all requirements of this Section; provided, however, that if an existing lamp or fixture on property used for other than single-family and two-family residential structures is replaced, replacement lamps fixtures must conform to these requirements.
Section 400.1890 Temporary Buildings.
[R.O. 2009 §25-357; Ord. No. 2739 §§43-59.1 — 43-59.3, 5-20-1985; Ord. No. 3033 §16, 10-16-1989]
Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work as determined by the Director of Planning and Development and in no case to exceed sixty (60) days after the last certificate of occupancy is issued.
Section 400.1900 Dedication of Public Parks.
[R.O. 2009 §25-358; Ord. No. 2739 §43-61, 5-20-1985]
The Board of Aldermen is specifically empowered to either accept or reject any portion of the property in any zoning district which the developers thereof may voluntarily desire to dedicate to the City as a public park. If any portion of such district is so voluntarily dedicated, such portion of the property must be shown on the approved site plan, all subject to the recommendation of the Planning and Zoning Commission and the approval of the Board of Aldermen.
Section 400.1910 Underground Wiring.
[R.O. 2009 §25-359; Ord. No. 2739 §43-62, 5-20-1985]
All electrical, cable television and telephone distribution lines primarily intended for the use of buildings and structures constructed after May 5, 1985 and other than detached single-family residences located within the City shall be installed underground. Cable switching enclosures, pad- mounted transformers and service pedestals may, however, be installed above ground and may be installed as part of the street lighting standards where recommended by the Planning and Zoning Commission and approved by the Board of Aldermen.
Section 400.1920 Private Usable Open Space.
[R.O. 2009 §25-360; Ord. No. 2739 §43-63, 5-20-1985]
A.
Where required elsewhere in this Chapter, a minimum of twenty percent (20%) of the net multi-family residential acreage shall be devoted to private usable open space. This is defined as space on a lot that is:
1.
Unoccupied by principal or accessory buildings above the finished lot grade;
2.
Unobstructed to the sky;
3.
Not devoted to service driveways or off-street parking or loading;
4.
Devoted to landscaping, paved common patios, tennis courts, swimming pools, recreation space, buffer areas and other like uses;
5.
Available in the same proportion to all occupants of the building or buildings within the immediate vicinity of a multi-family residential building or development.
Section 400.1930 Trash Disposal and Storage.
[Ord. No. 3662 §3, 7-19-1999]
All developments in the "RSC", "GC", "PD", "LID" and "UD" districts shall make adequate provisions for the temporary on-site storage of trash that is generated in conjunction with the use of the property. Trash disposal equipment, whether accomplished by trash cans, trash dumpsters of any size or trash compactor units shall be stored within a solid brick, stone or wood enclosure with sight-proof gates located in such a position as to minimize visibility of the disposal site by the general public.
Section 400.1940 Zoning and Police Power Regulations.
[Ord. No. 4089 §4, 10-15-2007]
A. DIRECTOR FACILITIES FACILITIES PERMIT PERSON SERVICE
Definitions. The following terms shall have the following meanings unless otherwise defined by context:
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 building 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 Chapter 615 of this Code, and to accomplish the purposes of this Section and Chapter 615 of this Code. 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 drawings 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 of one hundred dollars ($100.00) 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 paragraph (d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
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 and Chapter 615 of this Code 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 and Chapter 615 of this Code. 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:
(2)
An evasion or attempt to evade any material provision of the permit or this Section and Chapter 615 of this Code, 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 and Chapter 615 of this Code, provided that City standards are no more stringent than those of a national safety ordinance.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may appeal in writing to the City Administrator within five business (5) days thereof. The appeal shall assert specific grounds for review, and the City 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 City 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 City 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 City Administrator's final determination.
b.
On agreement of the parties and in addition to any other remedies, any final decision of the City Administrator may be submitted to mediation or binding arbitration.
(1)
In the event of mediation, the City 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 City 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 City 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 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 and Chapter 615 of this Code, 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 rights-of-way management regulations in addition to the regulations provided herein.
Section 400.1950 Temporary Storage Containers And Trailers.
[Ord. No. 4792 § 2, 8-2-2017]
A.
Storage containers and trailers utilized for short-term storage of materials or merchandise are permitted in any commercial or industrial zoning district provided that such storage containers and trailers receive a Special Use Permit approved by the Board of Aldermen, and:
1.
All temporary storage containers and trailers shall be placed as close to the building as possible and located in the rear of the building, unless the applicant can demonstrate that the storage containers or trailers will not fit in the rear of the lot, or the City Fire Department determines the location not acceptable to protect life and property. In all cases, storage containers and trailers shall be located and/or screened in a manner that minimizes their visibility from all public rights-of-way.
2.
The location of any temporary storage containers or trailers shall be reviewed and approved by the Fire Chief or his/her designee, prior to authorization of a Special Use Permit.
3.
No temporary storage containers or trailers shall encroach upon any drive aisles or required parking spaces, except as authorized in the Special Use Permit.
4.
No temporary storage containers or trailers shall block access to utilities or public services (e.g., manholes, meters, fire hydrants, fire lanes, etc.).
5.
Temporary storage containers and trailers shall be located on a hardened surface (e.g., concrete, asphalt).
6.
Temporary storage containers and trailers may not be stacked atop one another.
7.
Temporary storage containers and trailers shall be maintained as follows:
8.
Temporary storage containers and trailers shall be prohibited from hooking up to or utilizing any utility services or from connecting to peripheral devices such as, but not limited to, air compressors, refrigeration/heating units, generators, etc.
9.
Temporary ·Storage containers and trailers may not be used for storing perishable goods.
10.
Temporary storage containers and trailers shall not be used for storing hazardous or dangerous materials (e.g., chemicals, solvents, propane, explosives, etc.), except when the applicant provides documentation from the appropriate governing authorities (e.g., Building Department, Fire, Police, EPA, MoDNR, etc.) that all of the required safety and security requirements have been met.
11.
Temporary storage containers and trailers shall be limited in number as authorized in the Special Use Permit.
12.
Temporary storage containers and trailers shall be limited in duration as authorized in the Special Use Permit and shall be removed from the property within twenty-four (24) hours of the permit expiration date.
13.
Temporary storage containers and trailers shall comply with any other conditions associated with Special Use Permit approval and all licensing, registration and any other conditions or requirement as required by law.
14.
Failure to comply with any of the conditions of the Special Use Permit shall be considered a separate misdemeanor offense for each storage container or trailer in violation and is punishable by a fine of two hundred fifty dollars ($250 00) per offense. Each day that the offense(s) shall continue shall be considered a separate violation.
Section 400.1960 Medical Marijuana.
[Ord. No. 4885, 8-7-2019]
A.
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
1. SCHOOL CHILD DAY CARE CHURCH
For purposes of this Section, the following terms shall mean:
Any public or private institution for elementary or secondary education but shall not include any home-based education facility.
Shall include only those child day care facilities licensed by the Missouri Department of Health and Senior Services.
Shall include any permanent building primarily and regularly used as a place of religious worship.
2.
Each medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be operated or maintained within five hundred (500) feet of any school, child day care center, or church.
b.
No marijuana related uses shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
3.
The distances described in this Section shall be measured by the straight line distance between the nearest point on the property boundary line of the property on which the medical marijuana facility is located and the nearest point on the boundary line of the property on which the school, day care or church or other medical marijuana related facility is located; provided, however, that if measurement by this standard would result in a location being disallowed by the City by reason of proximity to a school, day care or church but that location is more than one thousand (1,000) feet from a school, day care or church as measured by the measurement methodology adopted by the applicable State regulatory agency, the State determination shall govern.
4.
No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.
5.
The sale or consumption of alcohol within a facility is prohibited.
6.
No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana cultivation facility, medical marijuana testing facility or medical marijuana-infused products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
7.
A medical marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of medical marijuana per patient in a thirty-day period, except as otherwise allowed by law. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
8.
The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of a medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility is prohibited, except that a medical marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
9.
Security Plans. Medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility shall provide adequate security on the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
d.
Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.
10.
Operating Plans. As a condition of processing of a business license application, a facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A medical marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana of fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.
11.
Signage.
a.
A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall comply with the requirements of Chapter 410 of this Code, or any ordinance enacted hereafter regulating signs.
b.
A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located on the same premises as the facility.
12.
Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
13.
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
14.
No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
15.
Application Review Process:
a.
Site Plan Review Permit. This preliminary permit reviews the proposed marijuana related use for compliance with the City's zoning and location standards prior to issuance of State license. A draft of proposed security and floor plans should also be provided. Site plan review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
b.
Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans and security plans.
16.
No portion of any facility used as a medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be used for any other purpose, including a medical office, than the medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility or medical marijuana testing facility.
Section 400.1980 Definition.
[R.O. 2009 §25-371; Ord. No. 2739 §43-40.2, 5-20-1985; Ord. No. 5138, 7-15-2024]
The terms "home-based business" and "home occupation" are synonymous and mean a business, profession, occupation or trade conducted for the personal gain or support of the residential occupant and conducted entirely within a residential building or accessory structure to a residential use.
Section 400.1990 Authorization.
[R.O. 2009 §25-372; Ord. No. 2739 §43-40.1, 5-20-1985; Ord. No. 5138, 7-15-2024]
A.
Purpose And Intent. It is the intent of this Division to recognize and permit home occupations as allowed by State law and to regulate such businesses to mitigate the adverse impacts that such may pose to neighboring residential property. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in the residential district and to protect residential neighborhoods from potential adverse impacts, such as excessive noise, traffic, nuisances, etc., associated with home occupations.
B.
Compliance with all applicable laws and regulations required. The property where a home-based business is located shall be maintained in compliance with all applicable building, fire, safety, housing and property maintenance codes and other laws applicable to such property. No home-based business shall create any condition which creates a nuisance or is in violation of applicable law and regulation. Any home-based business shall be operated in compliance with applicable laws and regulations.
C.
Registration Required. Any owner of residential property operating a home-based business from such residential property shall register such business with the City of Brentwood by filing required documents with the Department of Planning and Development. Such registration shall contain, at a minimum:
1.
The name and nature of the business;
2.
The name of the resident responsible for the operation of such business;
3.
The number of residents of the property and the number of employees or customers which may be present at the site at any given time (which total number shall not exceed the maximum occupancy of the structure);
4.
Total gross floor area of the residential dwelling unit including attic and basement areas and the total floor area to be occupied for the home-based business;
5.
The on-site (off-street) parking available for employees or customers;
6.
A description of the goods or services to be sold;
7.
A description of any special equipment which is necessary to be used in the operation of such business; and
8.
The property owner's consent if the property is rental property and the tenant proposes to operate a home-based business at the location.
Section 400.2000 Use Limitations.
[R.O. 2009 §25-373; Ord. No. 2739 §43-40.3, 5-20-1985; Ord. No. 4264 §1, 12-6-2010; Ord. No. 5138, 7-15-2024]
A.
In addition to any other use limitations applicable to the district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following provisions:
1.
A home occupation shall only be operated by a resident (owner or tenant) of the structure where the home occupation is located.
2.
A home occupation shall be limited to the sale of lawful goods and services. For purposes of this Section, "goods" shall be defined as any merchandise, equipment, products, supplies, or materials.
3.
Any structure where a home-based business is to be operated shall have a valid occupancy permit.
4.
The aggregate of the total number of residents residing in the structure and the number of employees and customers for the home-based business shall not exceed the maximum occupancy limit for the structure.
5.
No non-resident employees or customers of the home-based business may be on the premises before 8:00 A.M. or after 6:00 P.M.
6.
The residential property must have sufficient on-site (off-street) parking available for all residents of the structure and all employees for the home-based business. Use of the streets for parking for employees of the home-based business shall constitute a nuisance and is prohibited. All on-site parking shall comply with all ordinances of the City of Brentwood with respect to parking and vehicles. Customer parking related to the home-based business:
7.
The home-based business shall adequately stagger the presence of non-resident parties (including employees and customers) at the property so as to minimize traffic impacts in the neighborhood. The home-based business shall not cause a substantial increase in traffic through the residential area.
8.
Any operation, equipment, or inventory of a home occupation shall not be visible from any street or adjoining property.
9.
Exterior signage is prohibited with the exception of a small name plate not exceeding one (1) square foot which may be placed on the surface of the residential structure if a sign permit has been issued in accord with Section 410.050(A)(2)(a)(1) of this Code of Ordinances.
10.
Every home occupation shall be clearly incidental or secondary to the use of the dwelling unit for residential purposes. No use or change, including the attachment of signage, shall be made to the residential structure which changes the residential character of the residential building. It shall be presumed that the use of more than fifteen percent (15%) of the interior square footage of a residential structure or ten percent (10%) of the exterior portions of the property for any home occupation shall not be "clearly incidental or secondary to the use of the dwelling unit for residential purposes."
11.
No home-based business shall adversely affect the character of the surrounding neighborhood.
12.
No home occupation shall generate noise, dust, electrical interference, or other nuisance conditions.
13.
No home occupation shall involve the use of any hazardous or explosive material.
14.
No lighting, equipment, or materials shall be used which produce any effects (including but not limited to noise, dust, vibrations, light, and odors) outside the primary structure or any permitted accessory structure.
Section 400.2010 Penalties.
[Ord. No. 5138, 7-15-2024[1]]
A.
In addition to the penalties provided in Section 100.080 of this Code of Ordinances, if any home occupation is carried on in violation of any of the provisions, standards, restrictions, limitations or requirements of this Division or Sections 400.1980 through 440.2000, the right to continue the home-based business may be suspended or revoked by the Director of Planning And Development Services ("Director").
B.
Procedure.
1.
Discipline shall be initiated by serving written notice of the suspension or revocation on the owner (as shown by the then-current tax records of St. Louis County) and occupant (as shown by the business registration required by Section 400.1990, above) of the property on which the home-based business is conducted. The notice shall set forth the specific grounds for discipline and advise the person of the right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to person or any occupant of the property. The discipline shall take effect ten (10) days after service of the notice unless an appeal is taken to the City Administrator. If an appeal is taken, the discipline shall not take effect until a final order upholding the discipline is entered by the City Administrator or until the appeal is dismissed by the appellant.
2.
Within ten (10) days after service of a written notice of discipline, the person affected by the notice may file a written request for a hearing before the City Administrator contesting the disciplinary action.
3.
The City Administrator shall give the appellant at least ten (10) day notice of a hearing. At the hearing, the City and the appellant shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, and impeach any witness. Oral evidence shall be taken on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, but the City Administrator may exclude evidence which is irrelevant or repetitious. The City and appellant shall be entitled to present oral arguments or written briefs at or after the hearing.
4.
The City Administrator shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the record as a whole. A copy of the City Administrator's order, findings of fact and conclusions of law, shall be delivered or mailed to the appellant.
5.
An appellant aggrieved by the decision of the City Administrator may, within five (5) days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decisions of the City Administrator under this Section. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within five (5) days of the date of the City Administrator's decision. A copy of the request and any supporting documents or materials filed by the appellant must be served by the appellant party on the City Administrator within three (3) days of filing with the City Clerk. The Board of Aldermen may consider the appeal on the record of the prior decision by the City Administrator or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
6.
Any appellant aggrieved by the final determination of the Board of Aldermen may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of St. Louis County. Such petition shall be filed within ten (10) days after the Board's final determination.
[1]
Editor's Note: Former Sections 400.2010, Permitted Home Occupations, 400.2020, Prohibited Home Occupations, and 400.2030, Certification, which immediately followed, were repealed 7-15-2024 by Ord. No. 5138. Prior histories included: R.O. 2009 §§ 25-374 — 25-376; Ord. No. 2739 ; Ord. No. 4264; and Ord. No. 4831.
Section 400.2090 Permitted With Principal Use.
[R.O. 2009 §25-386; Ord. No. 2739 §43-41.1, 5-20-1985]
Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.
Section 400.2100 Permitted Uses.
[R.O. 2009 §25-387; Ord. No. 2739 §43-41.2, 5-20-1985; Ord. No. 2786 §1, 3-17-1986; Ord. No. 4275 §1, 3-7-2011; Ord. No. 4448 §2, 7-15-2013]
A.
A "permitted accessory use" is any use or structure that complies with the definitions in this Chapter including, but not limited to, the following typical uses:
1.
Private garages or carports;
2.
Off-street parking for permitted motor vehicles and loading spaces as required by Article IV of this Chapter and any additional off-street parking or loading spaces which are devoted exclusively to the principal use or activity subject to other limitations and regulations of this Chapter;
3.
Private parking or storage of any recreational vehicle;
4.
Parking of commercial vehicles during the actual performance of a service at the premises on which it is parked;
5.
A structure for storage incidental to a permitted use, provided no such freestanding structure that is accessory to a single-family dwelling shall exceed two hundred (200) square feet in gross floor area and fourteen (14) feet in height. The number of said freestanding structures is limited to one (1) per primary structure and shall be located a minimum distance of ten (10) feet from the primary structure;
6.
A child's playhouse;
7.
Private parks, etc.
[Ord. No. 5086, 4-17-2023]
a.
Swimming pools, including adjoining paved walk or deck area, and tennis courts, provided that such facilities are set back at least ten (10) feet from any lot line and meet with Building Code Requirements and Division 5, Fences, Walls, and Screening Devices;
8.
Convenience/service retail uses.
a.
Convenience/service retail uses may be provided as an accessory use to a permitted use in any non-residential district provided that:
b.
Such strictly incidental convenience retail uses in non-residential districts, that is, any district other than "A", "B", "AR" or "MR", may include personal services such as barbershops, beauty parlors, photographic studios or dry-cleaning and laundry pickup or self-service facilities and restaurants, cafes or soda fountains, provided the area used for all such uses does not exceed an amount equal to five percent (5%) of the gross residential or other non-retail commercial floor area of the building or project, exclusive of maintenance and parking areas, in which the same are contained;
c.
Because of its incidental, internal and accessory character, the floor space occupied by the accessory convenience/service retail use need not be included in the calculation of parking requirements for a given building or project.
9.
Non-commercial greenhouse, nursery or garden;
10.
Statuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, fences, walls, hedges and gazebos, provided these elements are in compliance with other regulations of this Chapter such as those relating to fences in Division 5 of this Article;
11.
Auditoriums and other public assembly halls clearly accessory to any permitted use in a multi-family or non-residential district;
12.
Health clubs, including baths and gymnasiums clearly accessory to a multi-family or non-residential district;
13.
Fallout shelters;
14.
Mechanical equipment or utility facilities which are specifically related to and required by a permitted use;
15.
Solar collectors;
17.
Accessory basement storage or inventory use. The Planning and Zoning Commission may recommend by site plan approval, the utilization for inventory, storage and equipment repair of all or a portion of the basement level of a building which is occupied on the ground level by a primary retail use, provided that the following conditions are satisfied:
a.
The occupancy and use of such basement space shall only be in support of and operated by the user of the primary retail activity.
b.
The primary retail use shall be one requiring large amounts of inventory space relative to sales and low customer sales activity.
c.
No personnel shall be permanently stationed, no offices shall be located, no sales shall be transacted and no goods shall be displayed for customer inspection within the accessory basement space.
d.
The City may include the conditions imposed upon the user due to basement space utilization in the business license issued to the user.
18.
Satellite dish receiving antennas located within all zoning districts, provided they are in conformance with the following regulations:
a.
General.
(1)
No satellite dish receiving antenna shall be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure. In the case of a corner lot, the antenna shall be placed along the common lot line, rather than the streetside of the lot, and shall be so placed to maximize screening from the street.
(2)
No satellite dish receiving antenna, including its concrete base slab or other substructure, shall be constructed less than twelve (12) feet from any property line.
(3)
No ground-mounted satellite dish receiving antenna shall be constructed without appropriate evergreen landscaping to reasonably conceal the antenna from view. The proposed planting shall be in place and completed before any final approval is granted by the Director of Planning and Development.
(4)
All structural supports shall be of galvanized metal.
(5)
Wiring between the satellite dish receiving antenna and a receiver shall be placed at least four (4) inches beneath the surface of the ground within rigid conduit.
(6)
All satellite dish receiving antennas shall be designed to withstand a wind force of seventy-five (75) miles per hour without the use of supporting guy wires.
(7)
Any driving motor shall be limited to one hundred ten (110) volts maximum power design and be encased in protective guards.
(8)
All satellite receiving antennas shall be bonded to a grounding rod.
(9)
Antennas and screening shall be removed at the owner's expense upon termination or revocation of the required antenna permit.
(10)
Maximum heights and diameters according to single-family lot size and zoning district are as follows:
District/Lot Size | Maximum Diameter | Maximum Height Above Ground Level |
|---|---|---|
Up to 5,000 square feet | 8 feet | 8 feet |
Over 5,000 square feet | 8 feet | 10 feet |
(AR) Attached Residential District | 6 feet | 8 feet |
(MR) Multi-family | 11 feet | 13 feet |
(RSC) Retail/Service | 11 feet | 13 feet |
(GC) General Commercial | 11 feet | 13 feet |
(LID) Light Industrial | 11 feet | 13 feet |
(PD) Planned Development — For each use as they would fall under the standard categories above. | ||
b.
Residential districts.
(1)
A maximum of one (1) satellite dish receiving antenna shall be permitted per lot and shall be permitted for the private, non-commercial use of that property owner only and shall not be attached to receiving stations on any other lot.
(2)
The highest portion of a satellite dish receiving antenna may not exceed a grade height of twelve (12) feet above the ground and in no case may be mounted upon the roof of any structure.
(3)
In the case of the "MR" Multi-Family Residential District, one (1) master satellite dish receiving antenna may be permitted to service the entire development, subject to approval of the Board of Aldermen.
c.
Commercial districts.
(1)
Roof mounting of satellite dish receiving antennas shall be permitted upon commercial and industrial buildings within the "RSC" Retail-Service Commercial District, the "GC" General Commercial District, the "PD" Planned Development District and the "LID" Light Industrial District, provided that the antenna is placed in such a fashion as to not be visible from surrounding properties or the public street, subject to the following criteria:
(2)
More than one (1) satellite dish receiving antenna may be permitted per commercial or industrial lot in the "RSC", "GC", "PD" or "LID" districts.
d.
Application for an antenna permit for a satellite dish receiving antenna shall be required and shall include the following:
(1)
A site plan showing the adjacent properties, antenna location including distances from the main structure of the lot and adjoining property lines and proposed screening features;
(2)
A drawing or picture of the antenna with all pertinent dimensions;
(3)
A drawing of the method of installation, including footings and base supports.
e.
In addition to the aforementioned construction performance standards outlined, construction and installation of the satellite dish receiving antenna shall conform to all requirements of the City's adopted building and electrical codes.
Section 400.2110 Specifically Prohibited Uses.
[R.O. 2009 §25-388; Ord. No. 2739 §43-41.3, 5-20-1985]
A.
It shall be unlawful for any person to occupy or use any land, building or part thereof for any of the following accessory uses:
1.
Repair or service of any motor vehicle in any residential zoning district unless the activities are confined within a completely enclosed building or unless the repairs are limited to minor motor vehicle repairs and are fully completed within a period of twenty-four (24) hours or less; provided that all such repairs shall be limited to the vehicles of the residents living within the principal building;
3.
The use of recreational equipment for living, sleeping or housekeeping purposes when parked or stored;
4.
Outdoor storage of major recreational equipment in residential zoning districts, unless the equipment is in condition for safe and effective performance of the function for which it is intended and unless it is properly located and screened.
Section 400.2120 Development Standards.
[R.O. 2009 §25-389; Ord. No. 2739 §43-41.4, 5-20-1985; Ord. No. 3543 §3, 6-16-1997]
A.
Accessory structures and uses shall be set back at least five (5) feet from the rear lot line.
B.
Accessory structures and uses shall maintain the same side yard as is required for the principal structure located on the zoning lot, except that unenclosed off-street parking, fences, walls and hedges may be located within the required side yard areas.
C.
Accessory structures in any residential district shall not exceed sixteen (16) feet in height with the exception of walls, fences or hedges located within the required side, rear or front yard setback which shall not exceed six (6) feet in height.
D.
Accessory structures and uses shall otherwise comply with the development standards applicable to the zoning district in which they are located.
E.
No structure used by, or intended to be used by, persons or pets may be built within the building setback portion of any required yard that has the finished floor level more than three (3) feet above the level of the yard, alley or sidewalk of the adjoining property without the specific approval of the Board of Aldermen. The term "structure" in this case includes, but is not limited to, room additions, sundecks, patios, children's play structures, swimming pools, tennis courts or other like structures.
Section 400.2180 Development Standards Generally.
[R.O. 2009 §25-401; Ord. No. 2739 §43-42, 5-20-1985]
The specific development standards in this Division shall be met before a conditional use permit may be issued for a motor vehicle service station in accordance with Article II, Division 6, so as to control the mode of development, method of operation and to ensure that the location does not adversely affect the health, safety and welfare of the community, especially from the traffic point of view.
Section 400.2190 Site Size.
[R.O. 2009 §25-402; Ord. No. 2739 §43-42.1, 5-20-1985]
Service station sites should contain a minimum area of fifteen thousand (15,000) square feet, a minimum lot frontage of one hundred (100) feet or more and a minimum of twenty-five hundred (2,500) square feet for each pump.
Section 400.2200 Setbacks.
[R.O. 2009 §25-403; Ord. No. 2739 §43-42.2, 5-20-1985]
Buildings shall be set back at least fifty (50) feet from the street right-of-way line and at least ten (10) feet from any other property line.
Section 400.2210 Service Bays.
[R.O. 2009 §25-404; Ord. No. 2739 §43-42.3, 5-20-1985]
Service bays shall be limited to one (1) per five thousand (5,000) square feet of land area. All service bays are to be contained entirely within the building. Where adjacent to a residential area, only two (2) service bays shall be permitted. Entry to these bays shall be on the side away from any public street.
Section 400.2220 Parking and Access.
[R.O. 2009 §25-405; Ord. No. 2739 §43-42.4, 5-20-1985]
In addition to providing parking in accordance with Section 400.1600, Subsection (C)(6), there should be adequate space on site for motor vehicles to wait in line for each pump island without conflicting with the safety and efficiency of traffic flow on abutting streets.
Section 400.2230 Fencing.
[R.O. 2009 §25-406; Ord. No. 2739 §43-42.5, 5-20-1985]
The site shall be fenced with a six (6) foot brick or stone masonry wall or solid fence along each property line which abuts property zoned to any residential classification "A", "B", "AR" or "MR".
Section 400.2240 Retail Sales.
[R.O. 2009 §25-407; Ord. No. 2739 §43-42.6, 5-20-1985; Ord. No. 2829 §1, 9-15-1986; Ord. No. 3033 §17, 10-16-1989]
A.
Sales shall be restricted to gasoline, diesel fuel, kerosene and other types of motor fuels, oil, tires, batteries, automotive accessories and prepackaged snack-food items. Restaurants and the sale of alcoholic beverages are prohibited.
B.
All sales of motor vehicles, retail or wholesale, directly or indirectly, by consignment or otherwise, are expressly prohibited.
Section 400.2250 Trash Disposal and Storage.
[R.O. 2009 §25-408; Ord. No. 2739 §43-42.7, 5-20-1985]
All used tires and parts, trash and similar objects shall be stored within a solid brick, stone or wood enclosure or within a dumpster-type container located in the rear yard.
Section 400.2260 Major Repairs Prohibited.
[R.O. 2009 §25-409; Ord. No. 2739 §43-42.8, 5-20-1985]
Major engine or transmission dismantling, body and fender work, top and upholstery work shall not be permitted on the premises of the service station, unless specifically permitted by a conditional use permit (see Article II, Division 6).
Section 400.2270 Trailer and Equipment Rental Prohibited.
[R.O. 2009 §25-410; Ord. No. 2739 §43-42.9, 5-20-1985]
Trailer and equipment rentals shall not be permitted to operate on the premises of a service station, unless specifically approved as a conditional use (per Article II, Division 6) with the service station.
Section 400.2280 Gasoline Deliveries.
[R.O. 2009 §25-411; Ord. No. 2739 §43-42.10, 5-20-1985]
No delivery tanker shall park on public rights-of-way during gasoline delivery, nor shall any hose be permitted on public rights-of-way.
Section 400.2290 Pump Island Location.
[R.O. 2009 §25-412; Ord. No. 2739 §43-42.11, 5-20-1985]
Pump islands located parallel to the street shall observe a twenty-five (25) foot setback. Pump islands located perpendicular to the street should observe a thirty-five (35) foot setback.
Section 400.2300 Landscaping and Buffering.
[R.O. 2009 §25-413; Ord. No. 2739 §43-42.12, 5-20-1985]
A landscaped buffer not less than ten (10) feet in width in accordance with a landscape plan approved by the Planning and Zoning Commission should be provided at the property line along all street sides, except for entranceways.
Section 400.2310 Sight Lines.
[R.O. 2009 §25-415; Ord. No. 2739 §43-42.14, 5-20-1985]
In order to preserve the sight distance advantage offered by the corner service station, that area defined by a straight line drawn between curb cuts should be landscaped with low profile, low maintenance plants.
Section 400.2320 Signs.
[R.O. 2009 §25-416; Ord. No. 2739 §43-42.15, 5-20-1985]
See Chapter 410.
Section 400.2380 Permit Required.
[Ord. No. 5086, 4-17-2023[1]]
No fence, screen, wall or other exterior partition in the City shall be erected, altered, modified or changed in any manner without first filing an application with and receiving a permit from the Department of Planning and Development for such fence, screen or wall. Such application shall be filed upon forms provided by the Department of Planning and Development and shall clearly show the type of fence, screen or wall proposed to be erected, altered, modified or changed, the material which is to be used and the location where it is to be placed. An application for a permit under the provisions of this Article shall be accompanied by a fee as established by the Board of Aldermen and on file in the office of the City Clerk/Administrator and Department of Planning and Development to cover the cost of the permit and inspection of the fence, screen, wall or exterior partition.
Section 400.2390 Height and Material Restrictions.
[Ord. No. 5086, 4-17-2023]
No division fence or screen, in whole or in part, may be constructed of cloth, canvas or other similar material, nor shall any solid division fence or screen of approved material exceed six (6) feet in height; provided, however, a wooden or metal fence or screen not exceeding eight (8) feet in height may be erected in any area if such topmost two (2) feet of fence or screen is penetrated with openings at regular intervals or latticed so that the combined area of the openings shall be at least fifty percent (50%) of the actual surface of such fence or screen, but no division fence, fence wall or screen, no matter how built or of what material constructed, shall exceed ten (10) feet in height. Any solid division fence of the stockade type, no matter what height, must be constructed so that the horizontal and vertical support posts are hidden from both the neighbor's and general public view. All fences are to provide a gate for access for emergency services. No barbed wire will be permitted on or in any fence. Electrified fences are prohibited within the City.
Section 400.2400 Locations.
[Ord. No. 5086, 4-17-2023]
A.
No fence or screen except those allowed under Section 400.2410, Subsection (D) shall be erected, constructed or maintained within a front yard in any dwelling district, except those fences already in existence on May 20, 1985.
B.
No fence, screen, structure or planting higher than three (3) feet above the street grade shall be maintained within ten (10) feet of any street intersection. In the case of a corner lot, no fence screen shall be built along the side street within the right-of-way line or within five (5) feet from the curb line, whichever is greater.
C.
Solid or open fences not exceeding ten (10) feet in height may be erected along the common line between properties zoned residential and commercial or industrial or a railroad right-of-way.
Section 400.2410 Special Fences.
[Ord. No. 5086, 4-17-2023]
A.
Swimming pool fences enclosing outdoor swimming pools shall be a minimum of four (4) feet in height but not more than six (6) feet high. Where such swimming pool is located within ten (10) feet of a side or rear lot line, such fence may be located on the side or rear lot line. All gates or doors providing access to such pool shall be self-closing and self-latching with the latches placed at the highest practical point of the fence.
B.
Tennis court fences surrounding tennis courts shall be open mesh fences and shall not exceed twelve (12) feet in height.
C.
Fences enclosing an institution, a public park, public playground, elementary, high school or junior college site may be eight (8) feet high providing such fence or screen is at least fifty percent (50%) open.
D.
No fences shall be constructed within any required front yard setback along any street frontage as set forth elsewhere in this Chapter, except that ornamental type fences meeting the general standards hereafter set forth may be erected upon application for a permit.
1.
Such ornamental fence shall not exceed twenty-four (24) inches in height, including height of any columns or imbedded vertical support, and at least fifty percent (50%) of its surface shall be open as viewed on any line perpendicular to the vertical plane of the fence for the entire thickness of the fence.
2.
Wood posts, pickets, boards and lumber shall be painted so as to be compatible with their surroundings.
3.
Columns and imbedded vertical supports shall not be set closer together than six (6) feet.
4.
All exposed steel used in construction of ornamental fences shall be preserved against rust and corrosion.
5.
No wire or steel mesh or wire fencing may be used in any manner as part of the ornamental fence, but steel or wire mesh fencing may be used as a temporary protection around shrubs in the required front yard, but in no case shall such steel or wire mesh fencing exceed eighteen (18) inches in height. [The use of wire or chain-link fencing may be used in interior of the back yard area for gardening or for animal security for up to thirty-six (36) inches in height provided such is screened with a solid perimeter fence of the property]
Section 400.2420 Required Screening And Buffers.
[Ord. No. 5086, 4-17-2023]
A.
In any commercially or industrially zoned property, a screening device shall be constructed along the property line adjoining or contiguous to property that is classified by the Zoning Code as a residential district and no building or occupancy permit shall be issued unless there is full compliance with the terms and provisions of this Chapter. Plans for such screening devices shall be submitted simultaneously with construction plans for buildings or construction of parking lots to be placed on such property or at such times as the application for occupancy is made.
1.
Fences. All fences between residential and commercial areas shall be of a minimum height of six (6) feet and shall be sight-proof. Fence material shall consist of solid wood or vinyl. No occupancy permit will be issued until the above conditions are met.
2.
Walls. All walls used shall be constructed of brick, concrete or masonry block and shall be constructed of sufficient height to effectively screen commercial or industrial property from residential property taking into consideration elevation differences between commercial or industrial property and residential property.
3.
Trees. If there are existing trees between the property reclassified in this Chapter and the adjoining residential property, such trees should be retained if practical and supplemented by the planting of new trees to create an effective screening device. New trees shall be durable and of such variety as Sugar Maple, Pin Oak or other hardy species. Such new trees shall have a minimum caliper of three (3) inches. If evergreens are utilized, they shall have a minimum height of eight (8) feet.
4.
Shrubbery. Shrubbery in combination with trees or grade changes may be utilized, provided an effective screening device equal to the screening devices referred to in this Section will be created.
5.
Grade Changes. Retaining walls in combination with grade changes and planting of shrubbery may be constructed of railroad ties, stone, brick, concrete, or masonry. Additionally, sloping terraces and earth mounds may be constructed in combination with planting of shrubbery. Use of such changes and shrubbery in combination must provide an effective screening equal to the other screening devices referred to in this Section.
B.
In the event that an existing land use or property is non-conforming for the reason that the site does not contain the screening required in this Section, such non-conformity shall be cured, and the required screening installed upon change of use, change of occupancy or upon the installation or construction of new improvements on the site.
Section 400.2430 Maintenance.
[Ord. No. 5086, 4-17-2023]
All fences, screening devices, or masonry wall shall be erected and continuously maintained in accordance with the provisions of Chapter 500 and acceptable standard property maintenance practices. Screening areas with trees, shrubs and/or decorative plantings shall be kept trimmed and free from weeds, trash, and debris.
Section 400.2510 Performance Standards Generally.
[R.O. 2009 §25-451; Ord. No. 2739 §43-60, 5-20-1985; Ord. No. 4396 §1, 12-17-2012]
Every use, activity, process or operation located or occurring in the City shall comply with the environmental performance standards prescribed in this Division, and no such existing use, activity, process or operation shall be altered or modified so as to conflict with, or further conflict with, such environmental performance standards.
Section 400.2520 Administration and Enforcement.
[R.O. 2009 §25-452; Ord. No. 2739 §43-60.1, 5-20-1985; Ord. No. 4396 §1, 12-17-2012]
A.
Whenever, in the opinion of the Zoning Administrator, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he or she shall give written notice of at least seven (7) days duration that the use or occupancy must be corrected. In case of an emergency he may take immediate action deemed appropriate to correct the violations. He or she is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
B.
If a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified for violation of this Chapter.
C.
If a complaint is received regarding an alleged violation of any of the provisions of this Division and the Zoning Administrator does not believe that there is a reasonable probability that such a violation actually exists, the Zoning Administrator may, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount sufficient to defray the cost of employing a qualified technician to perform such investigations and analyses as may be necessary to determine whether or not such violation exists.
1.
If the complaint is substantiated, the escrow deposit shall be refunded to the depositor, and the reasonable fees associated with the investigations and analyses shall be recovered in the manner provided above.
2.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.
Section 400.2525 Definitions.
[Ord. No. 4396 §1, 12-17-2012]
A. A-WEIGHTED SOUND PRESSURE LEVEL AMBIENT NOISE LEVEL A.N.S.I BOUNDARY COMMERCIAL LAND USE CATEGORY CONSTRUCTION ACTIVITY CONSTRUCTION DEVICE DAYTIME HOURS DISCRETE TONE EMERGENCY WORK EMERGENCY SIGNAL DEVICE IMPULSIVE NOISE MOTOR VEHICLE PERCEPTION THRESHOLD PERIOD OF MEASUREMENT PERSON SOUND SOUND LEVEL METER SOUND PRESSURE LEVEL STATIONARY NOISE SOURCE VEHICULAR WAY VIBRATION
For purposes of this Chapter, the following words and phrases are herein defined:
A weighted sound pressure level as measured with the A-weighting network of a sound level meter. The unit of measurement is dB(A).
The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources.
The American National Standards Institute or its successor bodies.
The line of demarcation which separates the real property owned by one person from that owned by another person.
Any activity which exists on or is applied to land or structures on the land wherein goods, services or commodities are provided, exchanged or purchased and sold at wholesale or retail. The commercial land use category shall include facilities for the repair or servicing of new and used automobiles, trucks, trailers, construction equipment, agricultural equipment and boats, and public or private utility facilities.
Any or all activity necessary or incidental to the erection, demolition, assembling, repairing, altering, installing or equipping of public or private buildings, private or public parks, premises, utility lines, and private or public highways, roads or streets, including land clearing, grading, excavating and filling.
Any device used in construction including, but not limited to, any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or electric hoist.
7:00 o'clock a.m. to 10:00 o'clock p.m., prevailing local time.
A noise measured on a one-third octave band analyzer which is ten (10) decibels greater than each of the adjacent one-third octave bands.
Work necessary to restore property to a safe condition following a public calamity, or work required to protect person or property from an imminent exposure to danger.
Any gong, siren, whistle or any air horn or similar device when used on any vehicle designated as an emergency vehicle by ordinance or by Missouri statute, or used in connection with an emergency warning system, or used in connection with a warning system intended to produce a sound signal upon unauthorized entrance by a person into a building or motor vehicle.
A noise, containing excursions usually of no more than one second, the A-weighted sound pressure level of which exceeds the ambient noise level by more than twenty (20) dB(A), when measured by the fast meter characteristic of a sound level meter.
Any self-propelled vehicle not operated exclusively on rails.
The minimum vibrational motion necessary to cause awareness of the existence of the vibration by direct means, including, but not limited to, sensation by touch or visual observations. Any vibration which produces more than five-tenths (0.5) inch/second root mean square vertical velocity shall be deemed sufficient to cause the awareness of the existence of the vibration by direct means.
Any continuous sixty-minute period during which observations of stationary noise sources are made and measurements of noise levels are taken.
Any human being, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owner, or operator and shall include any municipal corporation or its officers or employees.
An audible oscillation of pressure in air.
Any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound pressure levels in a specified manner which complies with Type 2 or better standards established in the A.N.S.I. S1.4-1971 "Specification for Sound Level Meters".
Twenty times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the standard reference pressure which is twenty (20) micropascals. The unit of measurement is the decibel (dB).
Any equipment, motor vehicle, aircraft, or facility, fixed or movable, capable of emitting audible sound.
A paved or unpaved area used by motor vehicles including, but not limited to, roads, streets, highways, alleys and parking lots.
A spatial oscillation of displacement, velocity or acceleration in a solid material.
B.
Applicability Of Standards Established By A.N.S.I. The acoustical terminology, the reference pressure, instrument specifications, and calibrations and methods for measurement of sound pressure levels shall be in conformance with the definitions and provisions contained in the documents designated as A.N.S.I. S1.1-1971, S.4-1971, S1.11-1966 (R 1971) and S1.13-1971, of which one copy of each document is filed in the office of the city clerk/ administrator and Brentwood public library.
Section 400.2530 Noise.
[R.O. 2009 §25-453; Ord. No. 2739 §43-60.2, 5-20-1985; Ord. No. 4396 §1, 12-17-2012]
A.
No person shall operate or permit to be operated any stationary noise source which emits noise in such a manner that the level of the noise emitted, when measured at any point outside the boundary of the property upon which the stationary noise source is located using the slow meter characteristic and the A-weighting network of the sound level meter, exceeds the levels set forth in Table below.
B.
If the stationary noise source emits noise containing a discrete tone, the permissible levels shall be 5dB lower than the applicable levels of Table.
C.
If the stationary noise source emits impulsive noise, the levels of Table shall be lowered by 5dB. A violation of this Code shall exist if the level of the impulsive noise emitted exceeds the applicable levels of Table, as modified by this Subsection, when the measurement is made using the fast meter characteristic and the A-weighting network of the sound level meter or if the level of the impulsive noise emitted exceeds the limit set forth in Table.
E.
If the ambient noise level exceeds the level of the noise emitted from the stationary noise source for one or more periods of time during the period of measurement, then for any such period of time the level of the noise emitted from the stationary noise source shall be deemed to be lower than the level which is permitted for sixty (60) minutes during the period of measurement.
F.
If, during the period of measurement, noise shall be emitted from a stationary noise source for periods of time at two (2) or more different levels, a violation of this Code shall exist if the sum of the following fractions C1/T1 + C2/T2 + Cn/Tn exceeds the unit number 1. For purposes of this calculation Cn shall equal the actual time period that noise is emitted at each measured noise level and Tn shall equal the period of time that noise is permitted under Table to be emitted at each measured noise level. Provided however, if:
1.
The ambient noise level exceeds the level of noise emitted from the stationary noise source for one or more periods of time during the period of measurement; or
2.
The level of the noise emitted from the stationary noise source is lower than the level of noise which is permitted in Table for sixty (60) minutes during the period of measurement in the applicable land use category and for the applicable time of day for one or more periods of time during the period of measurement, then for the purpose of the calculation set forth in this Subsection, for each such period of time, the term Cn shall be deemed to be zero (0) and the fraction ;frax;Cn;Tn; shall be zero (0).
ALL PROPERTY CATEGORIES — DAYTIME HOURS | ||
|---|---|---|
Tn* (Time) | (dB(A))** | |
60 | 55 or less | |
30 | 56 — 58 | |
15 | 59 — 61 | |
8 | 62 — 64 | |
4 | 65 — 67 | |
2 | 68 — 70 | |
0 | 71 or greater | |
ALL PROPERTY CATEGORIES — NIGHTIME HOURS | ||
|---|---|---|
Tn* (Time) | (dB(A))** | |
60 | 50 | |
30 | 51 — 53 | |
15 | 54 — 56 | |
8 | 57 — 59 | |
4 | 60 — 62 | |
2 | 63 — 65 | |
0 | 66 or greater | |
G.
Exceptions. To the extent provided in this Section, the provisions of this Chapter shall not apply to:
1.
The operation of construction devices, with sound control devices equivalent to or better than the original equipment, used in construction activities during daytime hours.
2.
The repair, maintenance or construction of public facilities of the State, County or municipal governments, or such public or quasi-public municipal corporations as may be established under the Constitution or laws of the State of Missouri.
3.
Emergency work to repair or maintain private utility facilities.
4.
Emergency work to repair equipment or facilities damaged or rendered inoperable as a direct result of unavoidable upset conditions providing such occurrence is reported to the Director within twenty-four (24) hours after the occurrence.
5.
The operation of motor vehicles on a vehicular way with such control devices equivalent to or better than the original equipment.
6.
The operation of railway equipment and vehicles operated exclusively on rails.
7.
The necessary operation of emergency signal devices.
8.
Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line.
9.
The operation of lawn care maintenance equipment with sound control devices equivalent to or better than original equipment from 7:00 A.M. prevailing local time to sunset on weekdays and 8:00 A.M. prevailing local time to sunset on weekends.
Section 400.2540 Vibration.
[R.O. 2009 §25-454; Ord. No. 2739 §43-60.3, 5-20-1985]
A.
Any use, process, operation or activity which shall cause at any time and at any point beyond the boundaries of the lot, earthborn vibrations, other than background vibrations produced by some source not under control of this Division, such as the operation of motor vehicles or other transportation facilities, in excess of the limits set forth in the following table is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system approved by the Building Official.
Frequency in Cycles per Second | Displacement in Inches | |
|---|---|---|
0 to 10 | .0004 | |
10 to 20 | .0002 | |
Over 20 | .0001 |
B.
Impact vibrations which are discreet pulses that do not exceed one hundred (100) impulses per minute shall be permitted twice the displacements shown above.
Section 400.2550 Toxic Matter.
[R.O. 2009 §25-455; Ord. No. 2739 §43-60.4, 5-20-1985]
No use shall discharge or store within or beyond its lot or site boundaries any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.
Section 400.2560 Glare and Heat.
[R.O. 2009 §25-457; Ord. No. 2739 §43-60.6, 5-20-1985]
Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot on which such building is located.
Section 400.2630 Purpose.
[R.O. 2009 §25-461; Ord. No. 3931 §3, 4-19-2004]
A.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and generate wastes which, if not properly controlled, can pollute receiving waters.
B.
The purpose of this Code Section is to safeguard persons, protect property and prevent damage to the environment in Brentwood. This Division will also promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any significant development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Brentwood.
Section 400.2640 Definitions.
[R.O. 2009 §25-462; Ord. No. 3931 §3, 4-19-2004]
For the purposes of this Code, the following terms, phrases, words and their derivations shall have the meanings given herein.
Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and land disturbance activities.
Any activity that removes the vegetative surface cover.
A parcel of land or a contiguous combination thereof where grading work is performed as part of a single unified plan of development.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind or water.
Any BMP that prevents or minimizes erosion.
Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions.
Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water.
The Metropolitan St. Louis Sewer District.
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed before the clearing of the next.
The fraction of total rainfall that will appear at the outfalls from a site.
Any BMP that prevents eroded sediment from leaving a site.
A permit issued by the municipality authorizing disturbance of the land at a specific site subject to conditions stated in the permit.
The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff and grading.
The first land disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in storm water discharges associated with land disturbance activities, comply with the standards of Sections 400.2670 and 400.2680 of the Brentwood City Code and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in the Missouri DNR issued MS4 NPDES permit.
A natural or artificial channel or body of water including, but not limited to, lakes, ponds, rivers, streams, ditches and other open conveyances that carry surface runoff water either continuously or intermittently.
Section 400.2650 Permits.
[R.O. 2009 §25-463; Ord. No. 3931 §3, 4-19-2004]
A.
Any Person who intends to conduct any land disturbance activity must obtain a grading permit prior to beginning the activity. The type of permit shall be as required by Section 400.2650(A)(1) or Section 400.2650(A)(2).
[Ord. No. 5113, 2-5-2024]
1.
Major Land Disturbance Permit. Any person who intends to conduct any land disturbance activity that will disturb forty-three thousand five hundred sixty (43,560) square feet or more must obtain a site disturbance permit from the State, St. Louis Metropolitan Sewer District (MSD), and the City.
2.
Ordinary Grading Permit. Any person who intends to conduct any land disturbance activity that will change the elevation of the ground surface or disturb between ten thousand (10,000) and forty-three thousand five hundred sixty (43,560) square feet must obtain a grading permit from the City.
B.
Any person who buys a lot for construction from a person who has been issued a permit under Subsection (A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from Brentwood unless the original permittee retains responsibility for the land disturbance activities on the sold lot.
C.
Site disturbance permits are not required for the following activities:
[Ord. No. 5113, 2-5-2024]
1.
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
2.
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
3.
Grading for the foundation or basement of any building, structure or swimming pool for which a building permit has been duly issued; provided, however, that the deposit required herein has been paid and that the owners and contractors shall be subject to the requirements imposed by this Article.
4.
Grading of less than one (1) cubic yard for sites over ten thousand (10,000) square feet.
5.
Grading by any public utility for the installation, inspection, repair or replacement of any of its facilities.
6.
Grading of property for or by any governmental agency in connection with a public improvement or public work on such property.
7.
Grading of land for residential gardening, landscaping or similar horticultural use, provided that there is substantial compliance with the recommendations or standards of the local soil conservation authority.
8.
Grading activities in public right-of-way covered by an excavation permit.
9.
Trench excavation covered by a construction permit.
D.
Each permit application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee.
E.
Each permit application shall be accompanied by a storm water pollution prevention plan prepared for the specific site by or under the direction of a qualified professional and a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the storm water pollution prevention plan.
F.
The permit applicant will be required to file with Brentwood a faithful performance bond, letter of credit or, other improvement security in an amount deemed sufficient by Brentwood to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by Brentwood and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
G.
The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any site where one (1) acre or more of land will be disturbed, before beginning any site work authorized by a City permit. This requirement applies to sites of less than one (1) acre that are part of a larger common plan that will ultimately disturb one (1) acre or more.
Section 400.2660 Storm Water Pollution Prevention Plan (SWPPP).
[R.O. 2009 §25-464; Ord. No. 3931 §3, 4-19-2004]
A.
The design requirements in Sections 400.2670 and 400.2680 shall be taken into consideration when developing the storm water pollution prevention plan and the plan shall include the following:
1.
Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in overall responsible charge of construction/development activities at the site.
2.
Site address or location description.
3.
A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of temporary and permanent BMPs and such other information as the City Building Department may require.
4.
Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed grading and development, based on United States Geological Survey datum (NAD83), with established elevations at buildings, walks, drives, street and roads and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading, and compacting. Reference to datum and available benchmarks are required to be noted on the submitted drawings for future reference.
[Ord. No. 5113, 2-5-2024]
5.
An estimate of the runoff coefficient of the site prior to disturbance and the runoff coefficient after the construction addressed in the permit application is completed.
6.
Estimated grading quantity.
7.
Details of the site drainage pattern both before and after major grading activities.
8.
Construction access to site and BMP used to keep from tracking sediment onto City streets.
[Ord. No. 5113, 2-5-2024]
9.
Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance.
10.
Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic or hazardous substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of construction and land disturbance.
11.
Description of BMPs that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed.
12.
Location of temporary off-street parking and wash-down area for related vehicles.
13.
Sources of off-site borrow material or spoil sites and all information relative to haul routes, trucks and equipment.
14.
The anticipated sequence of construction and land disturbance activities, including installation of BMPs, removal of temporary BMPs, stripping and clearing, rough grading, construction of utilities, infrastructure and buildings, and final grading and landscaping. Sequencing shall identify the expected dates on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation.
15.
All erosion and sediment control measures necessary to meet the objectives of this Division throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
16.
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.
17.
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
18.
Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Building Department.
19.
Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all BMPs are continually implemented and are effective.
B.
The permittee shall amend the storm water pollution prevention plan whenever:
1.
Design, operation or maintenance of BMPs is changed;
2.
Design of the construction project is changed that could significantly affect the quality of the storm water discharges;
3.
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
4.
Inspections by the Building Department, MSD or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP;
5.
The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes;
6.
The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality;
7.
Total settleable solids from a storm water outfall exceed one-half (0.5) ml/L/hr if the discharge is within the prescribed proximity of a "valuable resource water" as defined by the MDNR;
8.
Total settleable solids from a storm water outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
9.
MSD or the Missouri Department of Natural Resources determines whether violations of water quality standards may occur or have occurred.
C.
The permittee shall:
1.
Notify all contractors and other entities (including utility crews, City employees or their agents) that will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP;
2.
Determine the need for and establish training programs to ensure that all site workers have been trained, as a minimum, in erosion control, material handling and storage and housekeeping;
3.
Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP; and
4.
Maintain a current copy of the SWPPP on the site at all times.
Section 400.2670 General Site Design Requirements.
[R.O. 2009 §25-465; Ord. No. 3931 §3, 4-19-2004]
A.
Grading, erosion control practices, sediment control practices and watercourse crossings shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Building Department.
B.
Cut and fill slopes shall be no greater than 3:1, except as approved by the Building Department to meet other community or environmental objectives.
C.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other provisions of the Brentwood City Code and in compliance with State and Federal regulations.
D.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical to the satisfaction of the Building Department.
E.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
F.
Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the Building Department.
G.
Erosion control requirements shall include the following:
1.
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
2.
If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the Building Department may require the site to be reseeded or a non-vegetative option employed.
3.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
4.
Soil stockpiles must be stabilized or covered at the end of each workday.
5.
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
6.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
7.
Techniques shall be employed to divert upland runoff past disturbed slopes.
H.
Sediment control requirements shall include:
1.
Settling basins, sediment traps or tanks and perimeter controls.
2.
Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one (1) time and shall be sized to contain one-half (0.5) inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective BMPs, as evaluated and specified in the SWPPP, shall be provided.
3.
Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management as required by the Building Department.
4.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
5.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
I.
Watercourse protection requirements shall include:
1.
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where applicable, all local, State and Federal permits and approvals shall be provided to the Building Department prior to the issuance of a site disturbance permit.
2.
Stabilization of any watercourse channels before, during and after any in-channel work.
3.
If a defined watercourse is to be realigned or reconfigured, clearing and grubbing activities within fifty (50) feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be recontoured and revegetated, seeded or otherwise protected within five (5) working days after grading has ceased.
4.
All storm water conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District (MSD) and the City and the necessary MSD permits and Brentwood permits obtained.
5.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
J.
Construction site access requirements shall include:
1.
A temporary access road provided at all sites including a wash-down area supporting all active sites.
2.
Other measures required by the Building Department in order to ensure that construction vehicles do not track sediment onto public streets or washed with wash effluent channeled directly into storm drains.
K.
Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions, satisfactory to the Building Department, for:
1.
Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water.
2.
Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection (K)(1) above.
3.
Litter control.
4.
Control of concrete truck washouts.
5.
Assurance that on-site fueling facilities will adhere to applicable Federal and State regulations concerning storage and dispensers.
6.
Provision of sufficient temporary toilet facilities to serve the number of workers on site.
Section 400.2680 Storm Water Design Standards.
[R.O. 2009 §25-466; Ord. No. 3931 §3, 4-19-2004]
A.
General Standards.
1.
The rate of imperviousness shall be determined by ratios of five percent (5%) to one hundred percent (100%) impervious areas in accordance with Table A.
2.
Differential runoff rates for all categories of projects shall be evaluated by the rational formula. The 25-year frequency, twenty (20) minute duration, inlet time runoff coefficients in Table A shall be used as the upper limit for evaluation.
B.
Review Considerations For Detention Facilities. In general, detention facilities shall be provided with obvious and effective control strategies. The following shall be considered in determining the effectiveness and safety of these facilities in relation to the intent and purpose of this Section:
1.
Volume of retention for the total project = Differential runoff rate x area of project x 30 minutes x 60 seconds/minute;
2.
Tributary (Q) peak runoff to basin;
3.
Balanced maximum outflow rate from the low-flow structures;
4.
Ratios of inflow to outflow rates;
5.
Sizing of the overflow facilities;
6.
Stability of retention dikes;
7.
Safety features;
8.
Maintenance features.
TABLE A AVERAGE C.I. FACTORS IN C.F.S. PER ACRE 20-MINUTES INLET TIME* | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
% Impervious | C or P Factor | 0.5 Year | 1 Year | 2 Year | 5 Year | 10 Year | 20 Year | 25 Year | 50 Year | 100 Year |
5 | .37 | 0.70 | 0.92 | .15 | 1.41 | 1.59 | 1.78 | 2.00 | 2.18 | 2.37 |
10 | .39 | 0.74 | 0.97 | 1.21 | 1.49 | 1.68 | 1.88 | 2.11 | 2.30 | 2.50 |
15 | .41 | 0.77 | 1.02 | 1.27 | 1.56 | 1.76 | 1.97 | 2.21 | 2.42 | 2.62 |
20 | .435 | 0.82 | 1.08 | 1.35 | 1.66 | 1.87 | 2.09 | 2.35 | 2.57 | 2.78 |
25 | .455 | 0.86 | 1.13 | 1.41 | 1.73 | 1.96 | 2.19 | 2.46 | 2.68 | 2.91 |
30 | .475 | 0.90 | 1.18 | 1.47 | 1.81 | 2.04 | 2.28 | 2.57 | 2.80 | 3.04 |
35 | .495 | 0.94 | 1.23 | 1.53 | 1.89 | 2.13 | 2.38 | 2.67 | 2.92 | 3.17 |
40 | .52 | 0.98 | 1.29 | 1.61 | 1.98 | 2.24 | 2.50 | 2.81 | 3.07 | 3.33 |
45 | .54 | 1.02 | 1.34 | 1.67 | 2.06 | 2.32 | 2.60 | 2.92 | 3.19 | 3.46 |
50 | .56 | 1.06 | 1.39 | 1.74 | 2.13 | 2.41 | 2.69 | 3.02 | 3.30 | 3.58 |
55 | .58 | 1.10 | 1.44 | 1.80 | 2.21 | 2.49 | 2.79 | 3.13 | 3.42 | 3.71 |
60 | .60 | 1.13 | 1.49 | 1.86 | 2.29 | 2.58 | 2.89 | 3.24 | 3.54 | 3.84 |
65 | .625 | 1.18 | 1.55 | 1.94 | 2.38 | 2.69 | 3.01 | 3.38 | 3.69 | 4.00 |
70 | .645 | 1.22 | 1.60 | 2.00 | 2.46 | 2.77 | 3.10 | 3.48 | 3.81 | 4.13 |
75 | .665 | 1.26 | 1.65 | 2.06 | 2.53 | 2.86 | 3.20 | 3.59 | 3.92 | 4.26 |
80 | .685 | 1.29 | 1.70 | 2.12 | 2.61 | 2.95 | 3.29 | 3.7 | 4.04 | 4.38 |
85 | 0.705 | 1.33 | 1.75 | 2.19 | 2.69 | 3.03 | 3.39 | 3.81 | 4.16 | 4.51 |
90 | 0.73 | 1.38 | 1.81 | 2.26 | 2.78 | 3.14 | 3.51 | 3.94 | 4.31 | 4.67 |
95 | 0.75 | 1.42 | 1.86 | 2.33 | 2.86 | 3.23 | 3.61 | 4.05 | 4.43 | 4.8 |
100 | 0.77 | 1.46 | 1.91 | 2.39 | 2.93 | 3.31 | 3.7 | 4.16 | 4.54 | 4.93 |
Rainfall: In inches per hour | 1.9 | 2.48 | 3.1 | 3.8 | 4.3 | 4.8 | 5.4 | 5.9 | 6.4 | |
* | From U.S. Weather Bureau technical paper No. 40: "Rainfall Frequency Atlas of the United States for durations from thirty (30) minutes to twenty-four (24) hours and return periods from one (1) to one hundred (100) years." |
C.
Open Dry Reservoirs.
1.
Wet weather ponds or dry reservoirs shall be designed with proper safety, stability and ease of maintenance features and shall not detain storm water to a depth greater than four (4) feet. Depths greater than four (4) feet can be detained provided that the reservoir is surrounded by a chain link (or approved equal) fence and locked gate.
2.
Maximum side slopes for grass-edged reservoirs shall not exceed one (1) foot vertical for two (2) feet horizontal (2:1) unless adequate measures are included to provide for the stability of these slopes.
3.
In no case shall the limits of maximum ponding elevation be closer than thirty (30) feet horizontally from any building and less than two (2) feet vertically below the lowest sill elevation.
4.
The entire reservoir area shall be seeded, fertilized and mulched, sodded or paved prior to release of escrows.
D.
Permanent Lakes Used For Detention.
1.
Permanent lakes with fluctuating volume controls may be used as retention areas, provided that the limits of maximum ponding elevations are no closer than thirty (30) feet horizontally from any building and less than two (2) feet below the lowest sill elevation of any building.
2.
Maximum fluctuations from permanent pool elevation to maximum ponding elevation shall be three (3) feet.
3.
Special consideration shall be given to measures to ensure the safety of small children in the design of permanent lakes especially when located in residential areas.
E.
Discharge Systems.
[Ord. No. 5113, 2-5-2024]
1.
The design discharge (Q) for the low-flow orifice shall not exceed the limits in the following Table B (based on five percent (5%) imperviousness and twenty (20) minute inlet time).
2.
Low-flow pipes shall not be smaller than four (4) inches in diameter to minimize maintenance and operating problems, except in parking lot and roof retention where minimum size of opening shall be designed specifically for each condition.
3.
The overflow opening or spillway shall be designed to accept the total peak runoff of the improved tributary area, with discharge velocity not to exceed five (5) feet per second unless special provisions are made.
TABLE B | |
|---|---|
Storm Frequency Years | Max. Discharge Rate in Cubic Feet Per second (CFS) Per Acre |
0.5 | 0.7 |
1 | 0.92 |
2 | 1.15 |
5 | 1.41 |
10 | 1.59 |
20 | 1.78 |
25 | 2 |
The maximum discharge shall be designated to take place under total anticipated design-head conditions. |
4.
Sizing of the system below the control structure shall be for the total improved peak runoff tributary to the structure with no allowance for retention, with discharge velocity not to exceed five (5) feet per second unless special provisions are made.
5.
Table B shall be used in determining the proper size of discharge facilities.
6.
All storm water discharge pipes shall be computed on a 25-year rainfall frequency at a minimum.
F.
Overflow Systems.
[Ord. No. 5113, 2-5-2024]
1.
Overland flow routes or overflow systems are required for all newly designed components of the drainage system including the inlets, pipe, storm sewers, detention facilities and improved and unimproved channels that function during typical rainfall events. The overflow systems may comprise the major overflow routes such as swales, streets, floodplains, detention basins, and natural overflow and ponding areas.
The purpose of the overflow system is to provide a drainage path to safely pass flows, which cannot be accommodated by the design system without causing flooding of adjacent structures, which may result in economic losses or downstream damage.
2.
The overflow system shall be designed for the 100-year, 20-minute event, assuming the designed components of the drainage system are completely blocked. The capacity of the overflow system shall be verified with hydraulic calculations at critical cross-sections.
3.
The low sill of all structures adjacent to the overflow system swales shall be above the 100-year highwater elevation.
4.
Where the topography will not allow for an overland flow path:
a.
The storm sewer and inlet capacity shall be designed for the 100-year, 20-minute storm; and
b.
If the storm pipe is smaller than thirty-six (36) inches in diameter, a designated ponding area shall be identified, assuming the pipe is blocked; and
c.
The ponding area shall be based on the TR-55 100-year, 24-hour storm; and
d.
The low sill of all structures adjacent to the ponding area shall be above the 100-year highwater elevation.
5.
The overflow system and ponding areas shall be designated on the drainage area map and on the grading plan. Where overflow systems extend beyond the building setback areas, that is the overflow systems are closer to the house, sufficient separation shall be provided from locations where patios, swimming pools, decks, retaining walls, and other improvements are proposed or may be constructed by future end users.
Section 400.2690 Construction and Maintenance of Storm Water and Erosion Control Facilities.
[R.O. 2009 §25-467; Ord. No. 3931 §3, 4-19-2004]
A.
Detention facilities, when mandatory, are to be built in conjunction with the storm sewer installation and/or grading. Since these facilities are intended to control increased runoff, they must be partially or fully operational soon after the clearing of the vegetation.
B.
Silt and debris connected both with early construction and with general erosion from the site and elsewhere in the watershed after construction shall be removed periodically from the detention area and control structure in order to maintain close to full storage capacity.
C.
The responsibility of maintenance of the detention facilities in subdivision projects shall remain with the developer until such times as applicable escrows are released. Upon release of escrows the maintenance responsibility shall be vested in the trustees of the subdivision by virtue of the trust indenture. The indenture of the trust shall clearly indicate resident responsibility for maintenance in cases of projects without common ground.
D.
The responsibility of maintenance of the detention facilities in single owner development projects shall remain with the general contractor until final inspection of the development is performed and approved and a legal certificate of occupancy is issued. After legal occupancy of the project, the maintenance of detention facilities shall be vested with the owner of the project.
E.
Prior to the issuance of any building permit for any development, the owner(s) of the site must execute a maintenance agreement that shall run with the land and be binding on all subsequent owners of land served by the storm water detention facilities. The agreement shall provide for access to the detention facilities and the land it serves at reasonable times for periodic inspection by the City or the City's designee to ensure that the detention facilities are maintained in proper working condition to meet the City's storm water requirements. The maintenance agreement shall be recorded with the St. Louis County Recorder of Deeds, and a recorded copy of the agreement shall be provided to the City by the owner prior to issuance of any building permit. A copy of the required maintenance agreement is on file at the office of the Director of Planning and Development.
[Ord. No. 5113, 2-5-2024]
F.
The owner(s) of any development site shall be responsible for maintaining storm water detention facilities in an effective state as determined in the sole judgment of the City after completion of construction.
[Ord. No. 5113, 2-5-2024]
G.
Occupancy permits shall not be granted until all storm water detention facilities have been inspected and approved by the City.
[Ord. No. 5113, 2-5-2024]
Section 400.2700 Inspections.
[R.O. 2009 §25-468; Ord. No. 3931 §3, 4-19-2004]
A.
The Building Department shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the grading, erosion and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Building Department of Brentwood shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Building Department of Brentwood at least one (1) working day before the following:
B.
The permittee or his/her agent shall make regular inspections of the land disturbance site, including all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters, in accordance with the inspection schedule outlined in the approved SWPPP. Inspections must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the Building Department of Brentwood at the time interval specified in the permit. The inspection reports are to include the following minimum information:
1.
Inspector's name and signature;
2.
Date of inspection;
3.
Observations relative to the effectiveness of the BMPs;
4.
Actions taken or necessary to correct deficiencies; and
5.
A listing of areas where land disturbance operations have permanently or temporarily stopped.
In addition, the permittee shall notify the site contractors responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report. |
C.
The Building Department shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (B) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
Section 400.2710 Enforcement.
[R.O. 2009 §25-469; Ord. No. 3931 §3, 4-19-2004]
A.
Stop Work Order, Revocation Of Permit. In the event that any person holding a site disturbance permit pursuant to this Division violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Building Department may suspend or revoke the site disturbance permit.
B.
Violation And Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or, cause the same to be done, contrary to or in violation of any terms of this Division. Any person violating any of the provisions of this Division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this Division is committed, continued or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished in accordance with Chapter 100, Section 100.080 of the Brentwood City Code for each offense. In addition to any other penalty authorized by this Section, any person, partnership or corporation convicted of violating any of the provisions of this Division shall be required to bear the expense of such restoration.
C.
Project Closure Requirements. Any site development escrows or bonds will be not be fully released to the site operator or permittee until all of the following have been completed:
Section 400.2770 Statutory Authorization.
[R.O. 2009 §25-476; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The legislature of the State of Missouri has in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt flood plain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Brentwood, Missouri, has adopted this Division as the flood hazard regulations of the City of Brentwood.
Section 400.2780 Findings of Fact.
[R.O. 2009 §25-477; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §1, 6-16-2014]
A.
Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Brentwood, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B.
General Causes Of The Flood Losses. These flood losses are caused by:
C.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Division uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps:
[Ord. No. 4543 §1, 6-16-2014]
1.
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this ordinance is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County dated August 2, 1995 and August 23, 2000 as amended, and any future revisions thereto.
2.
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
3.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
5.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
Section 400.2790 Statement of Purpose.
[R.O. 2009 §25-478; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
It is the purpose of this Division to promote the public health, safety and general welfare; to minimize those losses described in Subsection 400.2780(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Division to:
1.
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
2.
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3.
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
Section 400.2800 Lands to Which Division Applies.
[R.O. 2009 §25-479; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §2, 6-16-2014; Ord. No. 4543 §2, 6-16-2014]
This Division shall apply to all lands within the jurisdiction of the City of Brentwood identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) for St. Louis County, Missouri on Map Panels 29189C0188H, 29189C0189H, 29189CO301H, and 29189CO302H, dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this Division, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Sections 400.2890, 400.2900, 400.2910, 400.2920 and 400.2930.
Section 400.2810 Flood Plain Administrator.
[R.O. 2009 §25-480; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The Director of Planning and Development or his/her designee is hereby designated as the Flood Plain Administrator under this Division.
Section 400.2820 Compliance.
[R.O. 2009 §25-481; Ord. No. 3859 §1(Exh. A), 12-16-2002]
No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Division and other applicable regulations.
Section 400.2830 Abrogation and Greater Restrictions.
[R.O. 2009 §25-482; Ord. No. 3859 §1(Exh. A), 12-16-2002]
It is not intended by this Division to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Division imposes greater restrictions, the provisions of this Division shall prevail. All other ordinances inconsistent with this Division are hereby repealed to the extent of the inconsistency only.
Section 400.2840 Interpretation.
[R.O. 2009 §25-483; Ord. No. 3859 §1(Exh. A), 12-16-2002]
In their interpretation and application, the provisions of this Division shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
Section 400.2850 Warning and Disclaimer of Liability.
[R.O. 2009 §25-484; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Division does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Division shall not create a liability on the part the City of Brentwood or any officer or employee thereof for any flood damages that may result from reliance on this Division or any administrative decision lawfully made thereunder.
Section 400.2860 Flood Plain Development Permit (Required).
[R.O. 2009 §25-486; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A flood plain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 400.2800. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate flood plain development permit for each structure or other development.
Section 400.2865 Temporary Flood Plain Development Permit for Temporary Structures (Required).
[Ord. No. 5147, 8-19-2024]
A.
Definition. As used in this Section a "temporary structure" means a non-residential structure permitted as a special use in accordance with Section 400.020 of the Brentwood City Code.
B.
Duration. A temporary structure may be permitted for a period of thirty (30) days; and may be extended as circumstances warrant in the judgment of the Floodplain Administrator, but in no case shall a permit for any temporary structure be issued for a period greater than one hundred eighty (180) days in any twelve (12) month period.
C.
Permit Required. Any temporary structure permitted as a special use that is located within the special flood hazard area, shall, in addition to the administrative special use permit required by Section 400.020 ("special use"), also require a temporary floodplain development permit, the term of which shall be the same as that of the special use permit, subject to the durational limits set forth above.
D.
Application. Application for a temporary floodplain development permit will be reviewed for compliance consistent with the requirements for a floodplain development permit, excepting those reasonably determined by the Floodplain Administrator as inapplicable or not required, said determination to be made on a case-by-case basis, considering, but not limited to, the following factors:
1.
Whether use of the temporary structure(s) is appropriate for the area covered by the special use permit and is not unreasonable.
2.
Whether the proposed temporary structure(s) cannot reasonably meet, nor be adapted to meet, NFIP design standards.
3.
Adequacy of the anchoring for temporary structure(s) to prevent flotation, collapse, or excessive lateral movement; provided, however, that this factor shall not apply to fencing so designed that water can readily flow through it and such that it will be pushed over or ripped out early in a flood event.
4.
Ability to remove temporary structure(s) to reduce flood damage during or in anticipation of a flood event.
5.
Seasonality of the proposed temporary structure(s) and the reasonable likelihood of flooding events at the time of the proposed temporary use and presence of the temporary structure(s).
E.
Emergency Removal. Under impending or existing emergency conditions, temporary structure(s) shall be removed as directed by the City Administrator.
F.
Plan Compliance. Deviation from the approved site plan submitted with temporary floodplain development permit application shall be a violation of that permit and cause for immediate revocation.
G.
Removal. Temporary structure(s) shall be removed upon or before expiration of the permit period and the subsequent use of the land shall be as it was prior to the permit approval.
Section 400.2870 Duties and Responsibilities of Flood Plain Administrator.
[R.O. 2009 §25-488; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Duties of the Flood Plain Administrator shall include, but not be limited to:
1.
Review of all applications for flood plain development permits to assure that sites are reasonably safe from flooding and that the flood plain development permit requirements of this Division have been satisfied;
2.
Review of all applications for flood plain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;
3.
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4.
Issue flood plain development permits for all approved applications;
5.
Notify adjacent communities and the State Emergency Management Agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential structure, the Flood Plain Administrator shall require certification from a registered professional engineer or architect.
Section 400.2880 Application for Flood Plain Development Permit.
[R.O. 2009 §25-489; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
To obtain a flood plain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every flood plain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed structure or work;
2.
Identify and describe the work to be covered by the flood plain development permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market value of the improvement;
5.
Specify whether development is located in designated flood fringe or floodway;
6.
Identify the existing base flood elevation and the elevation of the proposed development;
7.
Give such other information as reasonably may be required by the Flood Plain Administrator;
8.
Be accompanied by plans and specifications for proposed construction; and
9.
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.
Section 400.2890 General Standards.
[R.O. 2009 §25-490; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Conditions. No permit for flood plain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.
B.
Unnumbered A Zones. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Division. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
C.
Floodway Designation. Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
D.
Requirements. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require:
1.
Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2.
Construction with materials resistant to flood damage;
3.
Utilization of methods and practices that minimize flood damages;
4.
All electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site waste disposal systems be located so as to avoid impairment or contamination; and
6.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
a.
All such proposals are consistent with the need to minimize flood damage;
b.
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
c.
Adequate drainage is provided so as to reduce exposure to flood hazards; and
d.
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
E.
Storage, Material And Equipment.
1.
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
2.
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
F.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value and not larger than four hundred (400) square feet may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure, the structure is of single-wall design, a variance has been granted from the standard flood plain management requirements of this Division, and a flood plain development permit has been issued.
Section 400.2900 Specific Standards.
[R.O. 2009 §25-491; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided as set forth in Section 400.2890(B), the following provisions are required:
1.
Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to at least one (1) foot above base flood elevation.
2.
Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Flood Plain Administrator as set forth in Section 400.2870(9).
3.
Require, for all new construction and substantial improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
b.
The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Section 400.2910 Manufactured Homes.
[R.O. 2009 §25-492; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
B.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the community's FIRM on sites:
1.
Outside of manufactured home park or subdivision;
2.
In a new manufactured home park or subdivision;
3.
In an expansion to an existing manufactured home park or subdivision; or
4.
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood,
be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. |
C.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the community's FIRM, that are not subject to the provisions of Section 400.2910(B) of this Division, be elevated so that either:
1.
The lowest floor of the manufactured home is at least one (1) foot above the base flood level; or
2.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
Section 400.2920 Floodway.
[R.O. 2009 §25-493; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Located within areas of special flood hazard established in Section 400.2800 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3.
If Section 400.2920(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of these regulations.
4.
In unnumbered A Zones, the community shall obtain, review and reasonably utilize any flood elevation or floodway data currently available from Federal, State or other sources as set forth in Subsection 400.2890(B).
Section 400.2930 Recreational Vehicles.
[R.O. 2009 §25-494; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §3, 6-16-2014; Ord. No. 4543 §3, 6-16-2014]
A.
Require that recreational vehicles placed on sites within all unnumbered and numbered A zones and AE zones on the community's FIRM:
1.
Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use*; or
2.
Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Division.
*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. |
Section 400.2940 Establishment of Appeal Board.
[R.O. 2009 §25-495; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The Board of Adjustment as established by the City of Brentwood, Missouri, shall hear and decide appeals and requests for variances from the flood plain management requirements of this Division.
Section 400.2950 Responsibility of Appeal Board.
[R.O. 2009 §25-496; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Where an application for a flood plain development permit or request for a variance from the flood plain management regulations is denied by the Flood Plain Administrator, the applicant may apply for such flood plain development permit or variance directly to the Appeal Board as defined in Section 400.2940.
B.
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Flood Plain Administrator in the enforcement or administration of this Division.
Section 400.2960 Further Appeals.
[R.O. 2009 §25-497; Ord. No. 3859 §1(Exh. A), 12-16-2002]
Any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by the decision of the Board of Adjustment may appeal such decision to the Circuit Court.
Section 400.2970 Flood Plain Management Variance Criteria.
[R.O. 2009 §25-498; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Division and the following criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury of others;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flood damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area;
9.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
Section 400.2980 Conditions for Approving Flood Plain Management Variances.
[R.O. 2009 §25-499; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.
C.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or Divisions.
F.
A community shall notify the applicant in writing over the signature of a community official that:
1.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and
2.
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
Section 400.2990 Conditions for Approving Variances for Accessory Structures.
[R.O. 2009 §25-500; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Sections 400.2970 and 400.2980 of this Division.
B.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
1.
Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 400.2890(D)(2) of this Division.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 400.2890(D)(1) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.2890(D)(4) of this Division.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 400.2900(3) of this Division.
6.
The accessory structures must comply with the flood plain management floodway encroachment provisions of Section 400.2920(2) of this Division. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery or other contents must be protected from any flood damage.
8.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
9.
A community shall notify the applicant in writing over the signature of a community official that
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and
b.
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
10.
Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any flood plain development permit for construction.
Section 400.3000 Penalties for Violation.
[R.O. 2009 §25-501; Ord. No. 3859 §1(Exh. A), 12-16-2002]
Violation of the provisions of this Division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute an ordinance violation. Any person who violates this Division or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties set forth in Section 100.080 of the Brentwood City Code. Nothing herein contained shall prevent the City of Brentwood or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 400.3010 Amendments.
[R.O. 2009 §25-502; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The regulations, restrictions and boundaries set forth in this Division may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Brentwood. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Division are in compliance with the National Flood Insurance Program (NFIP) regulations.
Section 400.3020 Definitions.
[R.O. 2009 §25-503; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §4, 6-16-2014]
Unless specifically defined below, words or phrases used in this Division shall be interpreted so as to give them the same meaning they have in common usage and to give this Division its most reasonable application.
See "base flood."
[Ord. No. 4543 §4, 6-16-2014]
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
[Ord. No. 4543 §4, 6-16-2014]
Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.
[Ord. No. 4543 §4, 6-16-2014]
A request for review of the Flood Plain Administrator's interpretation of any provision of this Division or a request for a variance.
A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Any area of the structure having its floor subgrade (below ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority to implement and administer laws, Divisions and regulations for that community.
Any State or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland; and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
An official map of a community on which the administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from any source. (See "FLOODING".)
The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and flood plain management regulations.
Zoning Divisions, subdivision regulations, building codes, health regulations, special purpose Divisions (such as flood plain and grading Divisions) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
The lines marking the limits of floodways on Federal, State and local flood plain maps.
A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Division.
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the flood plain management regulations adopted by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of flood plain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the sale of flood insurance.
Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
To bring the structure or other development into compliance with Federal, State or local flood plain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
[Ord. No. 4543 § 4, 6-16-2014]
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on a FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
For flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to predamaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications that have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
[Ord. No. 4543 § 4, 6-16-2014]
A grant of relief by the community from the terms of a flood plain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by this Division is presumed to be in violation until such time as that documentation is provided.
The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the flood plain.
Section 400.3030 Findings and Purpose.
[R.O. 2009 §25-504; Ord. No. 4117 §1, 3-3-2008]
A.
Whereas the Board of Aldermen of the City of Brentwood, Missouri, finds that buffers adjacent to streams provide numerous benefits including:
1.
Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources.
2.
Removing pollutants delivered in urban storm water.
3.
Reducing erosion and controlling sedimentation.
4.
Protecting and stabilizing stream banks.
5.
Providing for infiltration of storm water runoff.
6.
Maintaining base flow of streams.
7.
Contributing organic matter that is a source of food and energy for the aquatic ecosystem.
8.
Providing tree canopy to shade streams and promote desirable aquatic habitat.
9.
Providing riparian wildlife habitat.
10.
Furnishing scenic value and recreational opportunity.
11.
Providing opportunities for the protection and restoration of greenspace.
B.
The purpose of this Division is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:
Section 400.3040 Definitions.
[R.O. 2009 §25-505; Ord. No. 4117 §1, 3-3-2008]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
With respect to a stream, a natural or enhanced vegetated area (established by Section 400.3050 below) lying adjacent to the stream.
Any land area susceptible to flooding, which would have at least a one percent (1%) probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan, i.e., the regulatory flood.
Any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.
Those actions or activities which comprise, facilitate or result in land development.
Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.
Those actions or activities which comprise, facilitate or result in land disturbance.
Any plot, lot or acreage shown as a unit on the latest County tax assessment records.
The permit issued by the Department of Planning and Development required for undertaking any land development activity.
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, Commission, board, public or private institution, utility, cooperative, City, County or other political subdivision of the State, any interstate body or any other legal entity.
With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.
Belonging or related to the bank of a river, stream, lake, pond or impoundment.
With respect to a stream, the area established by Section 400.3060 extending beyond any buffer applicable to the stream.
Any stream, beginning at:
The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
The portion of a watercourse that contains the base flow of the stream.
Section 400.3050 Applicability.
[R.O. 2009 §25-506; Ord. No. 4117 §1, 3-3-2008]
A.
This Division shall apply to all land development activity on property containing a stream protection area as defined in Section 400.3040 of this Division. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or flood plain requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State Law or from other applicable local, State or Federal regulations.
1.
Grandfather provisions. This Division shall not apply to the following activities:
a.
Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Division.
b.
Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.
c.
Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this Division.
d.
Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Division.
2.
Exemptions. The following specific activities are exempt from this Division. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.
a.
Activities for the purpose of building one (1) of the following:
(1)
A stream crossing by a driveway, transportation route or utility line;
(2)
Public water supply intake or public wastewater structures or storm water outfalls;
(3)
Intrusions necessary to provide access to a property;
(4)
Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;
(5)
Public foot trails and paths;
(6)
Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.
b.
Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Section 400.3050(2)(a) above.
c.
Land development activities within a right-of-way existing at the time this Division takes effect or approved under the terms of this Division.
d.
Within an easement of any utility existing at the time this Division takes effect or approved under the terms of this Division, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures.
e.
Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the (review and permitting authority) on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the (review and permitting authority) to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
f.
Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer.
g.
Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources.
3.
After the effective date of this Division, it shall apply to new subdividing and platting activities.
4.
Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 400.3060(B) below.
Section 400.3060 Land Development Requirements.
[R.O. 2009 §25-507; Ord. No. 4117 §1, 3-3-2008]
A.
Buffer And Setback Requirements. All land development activity subject to this Division shall meet the following requirements:
1.
For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this Division, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
2.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
B.
Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:
1.
Where a parcel was platted prior to the effective date of this Division and its shape, topography or other existing physical condition prevents land development consistent with this Division and the Department of Planning and Development finds and determines that the requirements of this Division prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of the City of Brentwood, Missouri, may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.
2.
Except as provided above, the Board of Adjustment of the City of Brentwood, Missouri, shall grant no variance from any provision of this Division without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City of Brentwood, Missouri, shall give public notice of each such public hearing in a newspaper of general circulation within the City of Brentwood, Missouri. The Department of Planning and Development shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.
Variances will be considered only in the following cases:
a.
When a property's shape, topography or other physical conditions existing at the time of the adoption of this Division prevents land development unless a buffer variance is granted.
b.
Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship.
Variances will not be considered when, following adoption of this Division, actions of any property owner of a given property have created conditions of a hardship on that property. |
3.
At a minimum, a variance request shall include the following information:
a.
A site map that includes locations of all streams, wetlands, flood plain boundaries and other natural features as determined by field survey;
b.
A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
c.
A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;
d.
Documentation of unusual hardship should the buffer be maintained;
e.
At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;
f.
A calculation of the total area and length of the proposed intrusion;
g.
A storm water management site plan, if applicable; and
h.
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.
4.
The following factors will be considered in determining whether to issue a variance:
a.
The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b.
The locations of all streams on the property, including along property boundaries;
c.
The location and extent of the proposed buffer or setback intrusion;
d.
Whether alternative designs are possible which require less intrusion or no intrusion;
e.
The long-term and construction water-quality impacts of the proposed variance; and
f.
Whether issuance of the variance is at least as protective of natural resources and the environment.
Section 400.3070 Compatibility With Other Regulations and Requirements.
[R.O. 2009 §25-508; Ord. No. 4117 §1, 3-3-2008]
This Division is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law. The requirements of this Division should be considered minimum requirements and where any provision of this Division imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
Section 400.3080 Additional Information Requirements for Development on Buffer Zone Properties.
[R.O. 2009 §25-509; Ord. No. 4117 §1, 3-3-2008]
A.
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
1.
A site plan showing:
a.
The location of all streams on the property;
b.
Limits of required stream buffers and setbacks on the property;
c.
Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;
d.
Delineation of forested and open areas in the buffer zone; and
e.
Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;
2.
A description of all proposed land development within the buffer and setback; and
3.
Any other documentation that the (review and permitting authority) may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process.
All buffer and setback areas must be either recorded on a final plat or depicted on a site plan of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by this and any other applicable ordinances of the City of Brentwood." |
Section 400.3090 Responsibility.
[R.O. 2009 §25-510; Ord. No. 4117 §1, 3-3-2008]
Neither the issuance of a development permit nor compliance with the conditions thereof nor with the provisions of this Division shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Brentwood, Missouri, its officers or employees for injury or damage to persons or property.
Section 400.3100 Inspection.
[R.O. 2009 §25-511; Ord. No. 4117 §1, 3-3-2008]
A.
The Director of Planning and Development may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Director of Planning and Development in making such inspections. The City of Brentwood shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Division and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.
B.
No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.
Section 400.3110 Violations, Enforcement and Penalties.
[R.O. 2009 §25-512; Ord. No. 4117 §1, 3-3-2008]
Any action or inaction which violates the provisions of this Division or the requirements of an approved site plan or permit shall be subject to all penalties and all enforcement actions set forth in this Chapter. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties or enforcement actions described above shall be in addition to, and not in lieu of, equitable relief.