Olivette City Zoning Code
ARTICLE XII
Special Permits
Section 400.1200 Intent and Purpose.
[R.O. 2008 §280.120; Ord. No. 2521 §2, 7-22-2014]
The special permit procedure provides a basis for the City to determine the suitability of certain specified uses under prescribed conditions. These uses are not permitted uses except as otherwise determined to be suitable and compatible by the Commission and City Council through the procedures prescribed herein. The City reserves the full discretion to deny any such application or to revoke any such approval based upon a finding that an established special permit usage has become unsuitable and incompatible with its surroundings or that the conditions of approval are not being observed.
Section 400.1210 Authorized Uses.
[R.O. 2008 §280.122; Ord. No. 2521 §2, 7-22-2014]
A.
An application and supporting documents may be filed for a special permit:
1.
For any use allowed in any zoning district by special permit.
2.
Temporary buildings, subject to such conditions as may be stipulated by the Council for the maintenance of minimum standards for the public health, safety and general welfare. Said special permit shall be limited to a period of six (6) months subject to renewal after reapplication.
Section 400.1220 Submission, Review and Amendment Procedures.
[R.O. 2008 §280.124; Ord. No. 1808 §1, 3-8-1994; Ord. No. 2521 §2, 7-22-2014]
A.
Submission Procedures. The submission requirements of Section 400.1080 of this Chapter shall apply to all applications for initial approval of a special use permit and for amendment or modification of a special use permit issued previously. The filing fee shall be as set forth in the City ordinances.
B.
Review Procedures. For all applications for approval of a special use permit, the review and approval procedures of this Article and Section 400.1090(D) of this Chapter shall apply.
C.
Amendment Procedures.
1.
For all applications for approval of an amendment to a special use permit or modification of one (1) or more conditions thereof, the review and approval procedures of Section 400.1090(D) shall apply, except that the review and approval procedures of Section 400.1090(B) shall apply where the Commission determines that:
a.
A proposed modification will not increase the gross floor area of an approved special use by more than twenty percent (20%); and
b.
A proposed modification will not require installation of additional parking spaces or loading spaces under Article XIV of this Chapter; and
c.
After considering the environmental impact of the proposed modification upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 of this Chapter, a proposed modification will not negatively impact the surrounding built and natural environment.
2.
Upon reaching a decision to approve or disapprove any application for a special use permit amendment or modification reviewed under procedures of Section 400.1090(B), the Planning and Community Design Commission shall promptly notify the City Council in writing of the decision and of any conditions imposed.
Section 400.1223 Standards and Conditions for Special Permit Uses.
[Ord. No. 2521 §2, 7-22-2014]
A.
This Section provides site planning and development standards for land uses that are allowed by special permit use so as to mitigate their potential adverse impacts.
B.
General Conditions For Special Permit Uses. In reviewing a petition for a special permit use, the Commission may recommend to the City Council conditions to protect the area surrounding the proposed use and to preserve the basic purpose and intent of the underlying zoning district. These conditions may include, but are not limited to, the following:
1.
The proposed land use is listed as a special permit use in the underlying zoning district;
2.
The use and location is consistent with the goals and objects of the strategic plan;
3.
The parcel in which the special permit use is proposed is suitable for the proposed use considering its size, shape, location, topography, existence of improvements and natural features;
4.
The special permit use will not alter the architectural character, traffic circulation, or site and building connectivity of the surrounding area in a manner which limits, impairs or prevents the access and use of surrounding properties for the permitted uses listed in the underlying zoning district;
5.
Efforts to mitigate any potential spillover effects generated by the special permit use, including, but not limited to:
a.
Placement, height, or size of buildings and structures;
b.
Location and number of vehicle access points;
c.
Increasing the width of any adjacent roads;
d.
The number of required off-street parking or loading spaces;
e.
The number, size, location or lighting of signs; and
f.
Noise from traffic and other activities associated with the use.
6.
The right to:
a.
Require visual buffering of buildings, parking, traffic, and other activities associated with the use in excess of the minimum fencing, screening, or landscaping required under this Code;
b.
Prescribe exterior finish for buildings or additions thereto;
c.
Designate areas and prescribing improvements for open space;
d.
Prescribe a time limit within which to fulfill any established conditions; and
e.
Consider the adequacy of public facilities and services existing or planned for the area affected by the use.
C.
Location. In addition to the standards in this section, the following uses shall have the following location restrictions.
1.
Uses.
a.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447), except those classified as 447190 Other gasoline stations, including truck stops.
b.
Limited service restaurants (NAICS 7222) and Snack and nonalcoholic beverage bars (NAICS 722213) with a drive-through window.
c.
Dry cleaning and laundry services (except coin-operated) (NAICS 81232) with a drive-through window.
d.
Stand-alone ATM or kiosk.
2.
Location restrictions.
b.
Property grounds must have either direct access or cross access to a signalized street intersecting with Olive Boulevard.
c.
Unless developed on the same property grounds, no use classified under this section shall be located less than one thousand three hundred twenty (1,320) feet (1/4 mile) from another similar use on the same side of the street unless separated by a dedicated public or private street with a minimum width of thirty (30) feet.
D.
Minimum Land Area Requirements. The following uses shall have the following minimum land area requirements:
1.
Uses.
a.
Automobile parts, accessories, and tire stores (NAICS 4413).
b.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447), except those classified as 447190 Other gasoline stations, including truck stops.
c.
Beer, wine, and liquor stores (NAICS 4453).
d.
Motion-picture theaters (except drive-ins) (NAICS 512131).
e.
Outpatient care centers (NAICS 6214), except 62142 outpatient mental health and substance abuse centers; and medical and diagnostic laboratories (NAICS 6215); and individual and family services (NAICS 6241).
f.
Nursing care facilities and community care facilities for the elderly (NAICS 6231 and 6233).
g.
Child day-care services (NAICS 6244).
h.
Amusement parks and arcades (NAICS 7131); bowling centers (NAICS 71395); and all other amusement and recreational services (NAICS 71399).
i.
Hotels (except casino hotels) and motels (NAICS 72111).
j.
Full-service restaurants (NAICS 7221).
k.
Limited service restaurants (NAICS 7222) and snack and nonalcoholic beverage bars (NAICS 722213).
l.
Drinking places (alcoholic beverages) (NAICS 7224).
m.
Automotive repair maintenance (NAICS 8111).
n.
Dry cleaning and laundry services (except coin-operated) (NAICS 81232) with a drive-through window.
o.
Any use with a drive-through window (except permitted uses under NAICS 522).
p.
Stand-alone ATM or kiosk.
2.
Minimum land area requirements.
a.
All facilities under this Section shall be located on a development area of no less than eighty thousand (80,000) square feet.
b.
Except for facilities under this Section that are standalone facilities, in no case can the combined square footage of all facilities under this Section on one (1) site exceed twenty-five percent (25%) percent of the gross leasable area of the parcel located.
E.
Access and Traffic. The following uses shall have the following access and traffic report requirements:
1.
Uses.
a.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447), except those classified as 447190 Other gasoline stations, including truck stops.
b.
Beer, wine, and liquor stores (NAICS 4453).
c.
Motion-picture theaters (except drive-ins) (NAICS 512131).
d.
Limited service restaurants (NAICS 7222) and snack and nonalcoholic beverage bars (NAICS 722213) with a drive-through window.
e.
Dry cleaning and laundry services (except coin-operated) (NAICS 81232).
f.
Any use with a drive-through window.
g.
Stand-alone ATM or kiosk.
2.
Access.
a.
Property grounds must have full access to a public or private street other than Olive Boulevard. Access to another public or private street on an adjoining property provided via a public cross access easement, with a minimum width of twenty-two (22) feet, is permitted.
b.
Property grounds must provide an internal twenty-two-foot public cross access easement to all adjacent properties, except properties zoned single-family residential.
c.
Property grounds may contain only one (1) full access point off of Olive Boulevard; all others access points to the property grounds that are along Olive Boulevard are limited to right-in, right-out only.
3.
Traffic report. A traffic report must be submitted that at a minimum includes the following:
F.
Drive-Through And Stand-alone ATM Or Kiosk.
1.
Design and layout.
a.
Drive-Through windows shall not be located on any elevation facing Olive Boulevard.
b.
Only one (1) full menu board and one (1) accessory board per drive aisle lane shall be permitted.
c.
No temporary signage shall be permitted on site.
d.
Additional landscaping and buffering shall be provided to minimize any noise activities when the drive-through window or menu boards are located within fifty (50) feet from residentially zoned property.
e.
Each menu board shall have a dedicated vehicle stacking space to accommodate no less than five (5) cars separate from any parking stalls or drive aisles.
f.
There shall be at least two (2) vehicle stacking space between the menu board and any drive-through window.
g.
There shall be at least two (2) vehicle stacking space between any drive-through windows.
3.
Placement.
a.
Each entrance to a drive aisle and the direction of traffic flow shall be clearly designated by signs and/or pavement markings.
b.
Pedestrian walkways should not intersect the drive aisles to the extent possible. Where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
c.
The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
4.
ATM and kiosk design.
a.
All construction and modifications to the exterior of the structure pertaining to the installation of the ATMs shall be completed in a manner consistent with the architectural design of the structure and in conformance with all applicable City architectural standards and guidelines.
b.
Each exterior ATM shall be provided with security.
c.
Each ATM shall be provided with receptacles sufficient in size and number to accommodate trash and smoking materials generated by users of the ATM.
G.
Additional Conditions By Special Permit Use.
1.
Automobile parts, accessories, and tire stores (NAICS 4413).
a.
No auto repair or installation of parts or accessories shall occur in conjunction with the auto parts and accessories store.
2.
Convenience stores (NAICS 44512), gasoline stations (NAICS 447), except those classified as 447190 other gasoline stations, including truck stops.
a.
The selling alcoholic beverages shall be subject to the following:
(1)
No advertisement of alcoholic beverages shall be displayed at motor vehicle fuel islands.
(2)
No illuminated advertising for alcoholic beverages shall be located on buildings, windows, doors, or freestanding signs.
(3)
No more than twenty-five (25%) percent of overall sales, excluding gasoline sales, can be alcohol related.
(4)
No more than twenty-five (25%) percent of floor area can be dedicated to alcohol displays.
b.
An automatic carwash may be incorporated as an accessory function on the site subject to the following:
(1)
Hours of operation may be limited if the property grounds abut any adjacent property use for residential purposes.
(2)
A sound study shall be provided noting the decibel levels within five-foot increments.
(3)
At the point that the sound decibel associated with the carwash exceeds seventy-five (75) dlbs, there shall be a minimum fifty (50) feet of setback from the nearest property line.
3.
Beer, wine, and liquor stores (NAICS 4453).
4.
Motion-picture theaters (except drive-ins) (NAICS 512131).
a.
Fifteen percent (15%) of required parking has to be secured off-site in the form of a legal agreement with adjacent properties.
5.
Veterinary services (NAICS 54194) and pet care (except veterinary) services (NAICS 81291).
a.
Operations.
(1)
All activities shall be conducted within a completely enclosed building.
(2)
A dedicated area of no less than six hundred (600) square feet located outside of the front yard setback or rear yard buffer for outdoor animal activities shall be provided. Said area shall be enclosed by an ornamental fence approved by the Commission.
(3)
Outdoor dog runs and training activities are permitted only when such facilities are located outside any required residential buffer.
(4)
Use of the outdoor play areas shall be limited to the hours of 8:00 A.M. to 6:00 P.M. only.
7.
Amusement parks and arcades (NAICS 7131); bowling centers (NAICS 71395); and all other amusement and recreational services (NAICS 71399).
a.
All facilities shall be accessory to any development containing a motion-picture theater (NAICS 512131), other arts and entertainment facilities, or a hotel.
8.
Drinking places (alcoholic beverages) (NAICS 7224).
a.
All facilities shall be accessory to any development containing a motion-picture theater (NAICS 512131), other arts and entertainment facilities, or a hotel.
9.
Automotive repair maintenance (NAICS 8111).
[Ord. No. 2556 §2, 8-11-2015]
b.
Operations.
(1)
All repairs shall be performed within a building.
(2)
All vehicles awaiting repair shall be screened from view by a masonry wall or approved landscape screen.
(3)
Dismantling of vehicles for purposes other than repair is prohibited.
(4)
Vehicle parking or loading and unloading shall only occur onsite and not in adjoining public streets or alleys.
(5)
Vehicles shall not be stored at the site for purposes of sale (unless the use is also approved as a vehicle sales lot).
(6)
Damaged or wrecked vehicles shall not be stored for purposes other than repair.
(7)
Any vehicle rental activities conducted on the site grounds shall be limited solely to customers being serviced on the site grounds.
(8)
All outdoor/open storage of materials shall be limited to:
(a)
In the "COR" District, a maximum area of one hundred fifty (150) square feet and shall be enclosed by a six-foot-high solid decorative masonry wall.
(b)
In the "LID" District, a maximum area not to exceed twenty percent (20%) of the lot area and shall be enclosed by a masonry wall or approved landscape screen.
(9)
Used or discarded automotive parts or equipment shall not be located outside of the main structure unless located within an approved outdoor storage area.
(10)
Driveways and service areas shall be maintained and kept free of oil, grease, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled oil, grease, and other petroleum products without washing them into the drainage, gutter, and sewer system.
(11)
Additional conditions (e.g., hours of operation, sign regulations, structure materials and design) may be imposed as deemed reasonable and necessary to protect the public health, safety, and general welfare of the community.
c.
Building and site design.
(1)
All structures shall be sufficiently soundproofed to prevent a disturbance or a nuisance to the surrounding properties.
(2)
Outdoor storage and display shall be subject to the conditions set forth under this Article.
(3)
All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting, of Chapter 428, Community Design — Olive Boulevard Corridor.
(4)
All body-damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surrounding properties of the same elevation.
(5)
A refuse storage area:
(a)
In the "COR" District, completely enclosed with a masonry wall not less than five (5) feet high with a solid gated opening, and large enough to accommodate standard sized commercial trash bins, shall be located to be accessible to refuse collection vehicles.
(b)
In the "LID" District, completely enclosed within an approved screen wall not less than five (5) feet high, and large enough to accommodate standard sized commercial trash bins, shall be located to be accessible to refuse collection vehicles.
10.
Outdoor dining.
a.
Definition. As used in this Section, an outdoor dining area consisting of ten (10) or more seats located on the public sidewalk or private property where patrons may consume food and/or beverages provided by an adjacent food service establishment. The establishments may either provide table service in the outdoor dining area or sell take-out items consumed in the outdoor dining area.
[Ord. No. 2608, 5-23-2017]
b.
The outdoor dining area shall be located directly adjacent to the food service establishment which it serves.
c.
When located immediately adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the residential use.
d.
Tables shall be placed only in the locations shown on the approved site plan.
e.
The hours and days of operation on the outdoor dining area shall be identified in the approved special permit use.
f.
Outdoor dining areas shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare.
g.
Illumination for outdoor dining areas shall be installed to prevent glare onto, or direct illumination of, any residential property or use.
h.
All outdoor dining areas shall include some landscaping. A landscape plan for the outdoor dining area may include the use of planter boxes and permanent vegetation.
i.
Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures.
j.
The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience if applicable.
k.
Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow.
l.
Amplified sound and music may be prohibited within the outdoor dining area.
m.
A sound buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area.
11.
Outdoor storage and outdoor displays.
a.
Location. The storage shall:
b.
Enclosure.
(1)
All outdoor storage areas shall be completely enclosed by a solid masonry wall and solid gate, subject to the following:
(2)
All outdoor display areas shall be subject to the following:
(a)
Kept within a defined and fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, or parking spaces;
(b)
Not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic;
(c)
Placed so as not to impede or interfere with the reasonable use of the store front windows for display purposes;
(d)
Permit no less than six (6) feet of unobstructed identifiable pedestrian perimeter; and
(e)
Dedicated display area shall be identified at the time of site plan review.
c.
Operations. All raw materials, equipment, or finished products stored shall:
(1)
Be directly related to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site.
(2)
Be limited to the hours of operation of the business and portable and removed from public view at the close of each business day.
(3)
Be managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair.
(4)
Be stored in a manner that they cannot be blown by wind from the enclosed storage area.
(5)
Not be stored above the height of the enclosing wall.
(6)
Not be placed outside the enclosed storage area, except for displays.
(7)
If abutting a residential zoning district, only be accessed between 8:00 A.M. and 10:00 P.M. to avoid being a nuisance to neighbors.
12.
Lessors of mini warehouses and self-storage units (NAICS 531130) — in the "L1" Light Industrial District..
[Ord. No. 2539 §2, 12-9-2014; Ord. No. 2608, 5-23-2017]
b.
Operations.
(1)
On-site public access shall be limited between the hours of 7:00 A.M. and 10:00 P.M.
(2)
Vehicle parking or loading and unloading shall only occur on-site and not in adjoining public streets or alleys.
(3)
All vehicles stored on site shall display a current license plate from the state in which the vehicle is registered.
(5)
No outdoor storage shall exceed a height of twenty (20) feet.
c.
Building and site design.
(1)
Mini warehouses and self-storage units may only be accessed from within a building interior.
(2)
Except for emergency egress doors, no access point to a building housing mini warehouses and self-storage units may face a public or private right-of-way.
(3)
Buildings housing mini warehouses and self-storage units must maintain a seventy-five-percent-masonry exterior finish.
(4)
All fence enclosures shall consist of ornamental iron fencing or a combination of iron fencing or masonry walls. (This means that the use of chain link or wooden finish fencing is prohibited.)
(5)
Exterior lighting controls. All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting, of Chapter 428, Community Design-Olive Boulevard Corridor.
(6)
Follows the landscape design criteria set forth in Section 428.540(A) of the Olivette Municipal Code. In the case of existing landscaping, preservation of existing and viable planting is encouraged and acceptable as stated in Section 428.530(A)(8)(a).
13.
(NAICS 531130) Lessors of miniwarehouses and self-storage units – in the "COR" Commercial/Office/Retail District:
[Ord. No. 2608, 5-23-2017]
b.
Operations:
(1)
On-site public access shall be limited between the hours of 7:00 a.m. and 10:00 p.m.
(2)
One, and no more than one, on-site residence shall be provided.
(3)
The required on-site residence shall be occupied by an individual associated with the facilities.
(4)
Loading and unloading of storage items shall take place inside the building.
(5)
No vehicles may be warehoused or stored on the exterior site grounds.
(7)
Storage of materials:
(a)
All materials, items, and storage shall be limited to items solely compliant with Storage Group S as defined under Section 307 of the 2015 International Building Code, except bulk storage of tires is prohibited.
(b)
All materials, items, and storage in the quantities classified in High Hazard Group H storage as defined under Section 307 of the 2015 International Building Code are prohibited.
c.
Building and site design:
(1)
Miniwarehouses and self-storage units may only be accessed from within a building interior.
(2)
All fence enclosures shall consist of ornamental iron fencing or a combination of iron fencing or masonry walls. (This means that the use of chain link or wooden finish fencing is prohibited.)
(3)
Exterior Lighting Controls. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Article VI, Exterior Lighting of Chapter 428, Community Design-Olive Boulevard Corridor.
(4)
Follows the Landscape Design Criteria set forth in Section 428.540(A) of the Olivette Municipal Code. In the case of existing landscaping, preservation of existing and viable planting is encouraged and acceptable as stated in Section 428.530(A)(8)(a).
14.
Food services without drive-thru service in a Shopping Center, including:
[Ord. No. 2655, 2-26-2019]
• | Full-service restaurants (NAICS 7221). |
• | Limited service restaurants (NAICS 7222) and snack and non-alcoholic beverage bars (NAICS 722213). |
A Special Permit may be authorized to permit up to twenty percent (20%) of a Shopping Center gross floor area to be used for food services subject to the following conditions: | |
• | The lot area of the Shopping Center is one hundred twenty thousand (120,000) square feet or more. |
• | The floor area of the Shopping Center is in excess of fifty thousand (50,000) square feet. |
Section 400.1225 Utility Facilities Permits and Regulations.
[Ord. No. 2349 §3, 10-23-2007]
A. DIRECTOR FACILITIES FACILITIES PERMIT PERSON SERVICE
Definitions. The following terms shall have the following meanings unless otherwise defined by context:
The City's Public Services Director or such other person designated to administer and enforce this Chapter.
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; provided however, that facilities shall not include individual service drops of one hundred (100) feet or less, temporary construction facilities or private sewer laterals.
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 stormwater 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/her discretion to be necessary and consistent with the provisions of this Chapter and to accomplish the purposes of this Chapter. 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 approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
On receipt of an application for a new or expanded facilities installation, the Director shall provide written notice of the proposed work and location to the owner of the property on which the new or expanded facilities are proposed and to the owners of all adjoining properties. The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days.
b.
Unless the application is denied pursuant to Subsection (B)(3)(e) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Chapter and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
c.
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sightlines 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.
d.
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.
e.
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 Chapter 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 requirements.
a.
Each facilities permit issued by the Director shall include:
(1)
Projected commencement and termination dates for the permitted work;
(2)
The location of any proposed and existing facilities and a description of the work to be performed;
(3)
Such conditions and requirements as are deemed reasonably necessary by the Director as provided in Section 400.1225(B)(3)(c); and
(4)
Such other information as the Director deems appropriate.
b.
Work shall be performed only in accordance with the facilities permit and in compliance with all applicable technical codes. At all times during the work, the facilities permit shall be conspicuously displayed at the work site and shall be available for inspection by the Director.
5.
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 Chapter. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Chapter;
(2)
An evasion or attempt to evade any material provision of the permit or this Chapter 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 Chapter, provided that City standards are no more stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Chapter and in lieu of revocation the Director may initiate prosecution of the applicant or the facilities owner for such violation.
6.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five (5) business days thereof. The appeal shall assert specific grounds for review and the City Manager 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 Manager 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 Manager 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 Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration.
(1)
In the event of mediation, the City Manager 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 Manager 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 Manager, 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. Sightproof 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, at least forty-eight (48) hours prior to any installation, replacement or expansion of its facilities, to the owner of the property on which the work is to be performed and to the owners of all adjoining properties. 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 Chapter or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and the Rights-of-Way Usage Code in addition to the regulations provided herein.
Section 400.1230 Group Homes.
[Ord. No. 2578 § 3, 3-8-2016]
A.
Purpose. It is the policy of the City to comply with the Fair Housing Act and the Americans with Disabilities Act. This Section provides for requests for reasonable accommodation from the City's zoning regulations by or for persons with disabilities as required by such acts.
B. ACTS AMERICANS WITH DISABILITIES ACT, OR ADA APPLICANT DIRECTOR DISABLED PERSON FAIR HOUSING ACT
Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:
Collectively, the Fair Housing Act (or FHA) and the Americans with Disabilities Act (or ADA).
Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq., and its implementing regulations, 28 C.F.R. Part 35.
A disabled person, or an individual, group, or entity on behalf of one (1) or more disabled persons, making a request for reasonable accommodation pursuant to this Section.
The City's Director of Planning and Community Development or his or her designee.
Any person who is a "qualified individual with a disability" under the ADA or who is "handicapped" under the FHA.
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., as may be amended.
C.
Requesting An Accommodation.
1.
A request for an accommodation may be made orally or in writing on a form provided by the director. If made orally, the director shall assist the applicant in reducing the request to writing on the required form. The request shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the applicant and the owner of the property, if other than the applicant;
c.
The nature of the disability that requires the reasonable accommodation. If the individuals expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the director if, when identified, the prospective residents are not within the range initially described. The director shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
d.
The specific accommodation requested by the applicant, including the number of people who are expected to be availing themselves of the accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an ongoing basis, whether the applicant requires any permit or license from any Federal, State, or local authority to operate, the anticipated impact the accommodation is likely to have on the adjoining properties and area, and any other information that would assist in determining the reasonableness of the accommodation; and
e.
Whether the accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
2.
The director may require the applicant to provide additional relevant and reasonable information deemed necessary for a complete accommodation application, and the director may reasonably supplement the application as deemed appropriate.
3.
If the information provided by the applicant to the director includes medical information of a disabled person, including records indicating the medical condition, diagnosis or medical history, the applicant may, at the time of submitting such information, request that the director, to the extent allowed by law, treat such medical information as confidential information. The director shall provide written notice to the applicant of any request for disclosure of confidential medical information. The City will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information.
D.
Determining The Reasonableness Of An Accommodation.
1.
On compilation and reduction to writing of the relevant and reasonable information deemed necessary to process the applicant's request for accommodation, the director shall make a written recommendation to the Olivette Board of Adjustment as to whether the accommodation should be granted. The director's recommendation shall be made within fifteen (15) days of the date the request is deemed complete.
2.
The Board of Adjustment shall hold a hearing on the request within thirty (30) days of its receipt of the director's recommendation. At the hearing the applicant may be represented by counsel and may present evidence on his or her behalf. The director shall also have the right to be heard, as shall any intervening party claiming to have an interest adverse to the applicant.
3.
Testimony presented at the hearing shall be sworn, and rules of evidence shall be followed, as determined by the board. All proceedings before the board shall be recorded. The applicant shall have the right to request reasonable accommodation in the hearing process.
4.
The Board of Adjustment shall have the right to require or, upon application of either party to the proceedings, shall require, the attendance of any City employee or officer and shall have the right to order the production of any City records relating to the accommodation request. The board may request additional relevant and reasonable information deemed necessary for its complete consideration of the accommodation request and may continue the hearing, for a period not to exceed thirty (30) days, for the purpose of receiving such information.
5.
At the conclusion of the hearing, and after consideration of the evidence before it, the board shall either grant the accommodation as requested, grant the accommodation as modified, or deny the accommodation. The board's determination shall be in writing and shall include these minimum findings, in addition to any other findings or conclusions deemed relevant by the board:
a.
Whether the requested accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling;
b.
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
c.
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
6.
A request for accommodation shall not be denied for any reason that violates the Acts. The board is not obligated to grant any accommodation request unless so required by the Acts or by applicable Missouri law.
7.
All findings and determinations of the board shall be made upon the affirmative vote of four (4) members and shall be final. The notice of determination shall be sent to the applicant and any other party by certified mail, return receipt requested, and by regular mail.
8.
The board's written determination shall give notice of the right to appeal. Any aggrieved party, within thirty (30) days of receipt of the board's determination, may appeal to the St. Louis County Circuit Court pursuant to Section 89.110 of the Revised Statutes of Missouri or may pursue such other judicial review as may be allowed by law.
E.
Miscellaneous.
1.
The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section. Nothing in this Section obligates the City to pay an applicant's attorney fees or costs.
2.
While an application for reasonable accommodation or appeal of a denial of said application is pending, the City will not enforce the subject zoning regulation against the applicant.
3.
The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.