St Peters City Zoning Code
ARTICLE VI
Supplementary Regulations
Section 405.270 Accessory Buildings Or Structures, Alterations And Additions. [1]
[R.O. 2007 § 405.270; Ord. No. 1523 § 6.0100, 5-11-1989Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3781 § 1, 2-20-2003; Ord. No. 5132 § 11, 1-8-2009; Ord. No. 5339 § 12, 2-25-2010; Ord. No. 5742 § 12, 4-30-2012; Ord. No. 6722 § 3, 3-23-2017; Ord. No. 7458, 6-24-2021; Ord. No. 7839, 7-27-2023; Ord. No. 8080, 12-19-2024]
A.
All accessory structures shall be permitted with the following provisions and requirements:
1.
Any attached building or structure shall be considered as a part of the principal or main building and conform to all regulations applicable to said principal building.
2.
In residential zoning districts, accessory buildings or structures, shall include, but not be limited to, the following: greenhouses, swimming pools, detached garages and similar uses.
3.
The minimum distance of an accessory building or structure, including playground equipment, play courts/basketball courts, and batting cages, from any side or rear property line shall be six (6) feet. No accessory building or structure, including deer stands, portable restrooms and other temporary structures, are permitted within the front or side building setback area except on through lots where accessory structures shall be permitted to extend past the front building line that is parallel to the rear of the house. However, a minimum setback from the property line of six (6) feet shall be maintained. Portable restrooms may be approved by the Administrative Officer in the front yard during construction if no other location is practical. In non-residential zoning districts, accessory buildings and trash enclosures shall be located as approved on the site development plan.
4.
No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.
5.
An accessory building or structure in a residential district shall not exceed one-half (1/2) of the ground floor area of the principal building.
6.
All accessory buildings shall be ancillary to the main building and use on the subject property; no accessory building may be used for a separate business or use.
7.
Clothing drop boxes shall be permitted on commercially and industrially zoned properties and properties used for institutional purposes including, but not limited to, churches, schools, day care centers, libraries, government buildings, and other public facilities. The location of all clothing drop boxes shall be as approved by the Planning Department, and shall be located on the side or rear of primary buildings unless otherwise approved on the site development plan. Also, clothing drop boxes shall not be located so as to block visibility or parking spaces. All clothing drop boxes shall be located on a paved pad and shall be accessed by a paved parking or driving area.
Section 405.280 Animals.
[R.O. 2007 § 405.280; Ord. No. 1523 § 6.0200, 5-11-1989; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 6249 § 14, 10-23-2014; Ord. No. 7514, 10-14-2021; Ord. No. 7710, 9-22-2022; Ord. No. 7840, 7-27-2023; Ord. No. 7870, 10-26-2023; Ord. No. 8116, 4-10-2025]
A.
In all residential zoning districts, domestic pets (cats, dogs) may be kept by the occupant of a dwelling unit. These animals may not be used or kept for commercial purposes, or so as to cause a public nuisance (see Section 405.100, Definitions and Rules of Construction, "residential pet facility"). Hens may be kept in residential zoning districts as indicated in Subsection (F) below.
B.
Animals (horses, chickens, including roosters, cattle, and ducks) may be kept in conjunction with a farming operation or riding stable. No stable or shed providing shelter for said animals shall be closer than fifty (50) feet to any property line. In no case shall a horse or pony be kept on a lot of less than three (3) acres.
C.
No person shall keep any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This shall not be construed to apply to zoological parks, performing exhibitions or circuses. No person shall keep or permit to be kept any wild animal as a pet (see Health Regulations set out in Chapter 230 for special requirements).
D.
Bees may be kept in a residentially zoned district under the following conditions:
1.
A minimum lot size of ten thousand (10,000) square feet.
2.
The maximum number of colonies shall be limited to three (3) hives.
3.
The hive(s) location shall not be visible where possible, and behind a sight-proof fence which is six (6) feet in height; a fresh water supply shall be located within five (5) feet of the hive.
4.
An apiary of one (1) or more hives shall be located at least twenty (20) feet from the property line or public right-of-way, with the hive opening directed towards the most distant property line.
E.
Other domestic animals, as defined by the City Code and including, but not limited to, potbellied pigs, ferrets, hedgehogs, and rodents, shall be permitted as pets in residential districts in accordance with the City Code, Section 205.070.
F.
Chickens (hens) shall be permitted in residential zoning districts on lots of one (1) acre or more in accordance with the following regulations:
1.
Roosters may not be raised or housed in any chicken coop or pen on a residential property; only hens shall be permitted on residential properties.
2.
The keeping of up to eight (8) hens in total shall be permitted as provided in this Section only in single-family residences and only if a permit has been issued by the Health Manager, or his or her designee. A Hen Permit may be issued if all of the following conditions are satisfied:
a.
The hens shall be adequately confined within a coop and pen surrounded by wire netting or other fence materials to prevent their escape therefrom and kept in good repair and free of peeling paint, untreated or rotted wood and rust. Coop/pen materials shall be uniform and treated or painted in a uniform manner. A maximum of one (1) coop or pen shall be allowed per lot.
b.
The pen shall be maintained in a ventilated, safe and sanitary condition, which has adequate space for humane treatment and shall be designed to effectively prohibit accessibility from predators.
c.
Hen coops and pens shall only be kept in the rear yard.
d.
Hen coops shall be constructed to include a minimum of four (4) square feet of space inside the coop per hen. Hen pens shall be constructed to include a minimum of ten (10) square feet of outdoor space per hen not to exceed (80) square feet in size. Coops may not exceed fourteen (14) feet in height.
f.
Coops and pens shall be buffered from view from any adjacent right-of-way and any neighboring properties, when viewed at ground level, by the use of a sight-proof fence, landscaping or other structure as approved by the Planning Department. Buffering of standard residential sheds shall not be required.
g.
Food for hens shall not be stored in a way that may create a public nuisance.
h.
Both the fenced enclosure and the coop shall be maintained as to not pose a threat to the public health, safety or welfare or to cause a public nuisance. No material from the confinement area or coop shall run off onto adjoining property.
i.
Any manure or other waste from the hens shall be collected and properly removed from the premises or tilled into the soil on the premises every forty-eight (48) hours to prevent the spreading of offensive smells or diseases.
j.
No slaughtering of any hens shall be permitted.
k.
No person shall keep hens in any manner so as to create a nuisance as defined in Chapter 215 of the City Code.
l.
Hens shall not be permitted to run at large in or upon the public streets, open lots or private properties of the City, other than that of the owner.
m.
Eggs shall not be sold on the premises.
n.
Fighting or aggressive hens shall not be kept.
o.
The applicant must reside on the property subject to the application.
p.
Hen Permits granted under this Section may not be transferred to a new owner.
q.
No person shall be permitted to keep or harbor any dangerous animal in a dwelling or on a lot subject to a permit issued pursuant to this Section.
r.
The applicant must at all times remain compliant with the provisions of this Chapter.
3.
A Hen Permit may be issued after submittal of the appropriate application and sketch plan, and payment of the required non-refundable permit fee of one hundred dollars ($100.00) as required in Section 205.106. The application and sketch plan shall include:
a.
Application.
(1)
The name, home address and telephone number of the applicant.
(2)
A list of the names and addresses of all property owners within seventy-five (75) feet of the applicant's property line.
(3)
A copy of the letter sent pursuant to Subparagraph (F)(4) of this Section and certified mail receipts for each letter.
b.
Sketch Plan.
(1)
The location of the residence and any accessory buildings on the subject property.
(2)
The proposed location of the pen and coop.
(3)
The proposed pen and coop dimensions.
(4)
Dimensioned setbacks from all property lines and all adjacent residences.
(5)
An attached drawing, photo, or specifications of the proposed pen or coop.
c.
Written verification from an applicable Homeowners Association that the association has been advised of the applicant's intent to keep hens. If there is no applicable Homeowners Association, the applicant must provide a statement to the City indicating that there is no Homeowners Association.
d.
The applicant shall mail to all owners of real property located with an area determined by lines drawn parallel to and seventy-five (75) feet distant from the boundaries of the property subject to the application, by United States certified mail return receipt requested, informing them of the applicant's intent to obtain a Hen Permit. If the applicant is a tenant or lessee of the property subject to the permit, a copy of the letter must also be provided to the owner of the property subject to the application.
e.
The applicant must submit to inspection of the property subject to the application and any hens located thereon by a City Health Official. An inspection may occur more than once per year or as a result of a complaint. Failure to consent to reasonable inspections or failure to maintain the property, including the coop and pen, per the requirements of this and any other applicable Section of the City Code, shall be cause for revocation of a permit issued pursuant to this Section.
Section 405.290 Annexation Of New Territories.
[R.O. 2007 § 405.290; Ord. No. 1523 §§ 6.0300 — 6.0302, 5-11-1989; Ord. No. 4398 § 1, 12-15-2005]
A.
All new territories which may hereafter be annexed to the City shall be reclassified to a zoning classification according to the following procedure(s).
B.
Administration. Within ninety (90) days following the date of annexation, the Planning and Zoning Commission shall recommend a zoning classification for all new territories to the Board of Aldermen. The Board, within one hundred twenty (120) days following the date of annexation shall establish zoning for all newly annexed territories. All property owners within the territories in question will be contacted by the City and be given a reasonable opportunity to request a specific zoning classification. In any case, the Board of Aldermen shall be the final authority regarding the determination of all zoning classifications and may consider, but not be limited to the following criteria:
C.
Public Hearing. In order to give the general public reasonable voice in the reclassification procedure, the City must hold a public hearing on each territory in question. At least seven (7) days' notice of the time and place of such hearing shall be published in an official newspaper or a paper of general circulation.
Section 405.300 Building Structures For Temporary Or Emergency Use.
[R.O. 2007 § 405.300; Ord. No. 1523 § 6.0400, 5-11-1989; Ord. No. 7192, 8-22-2019]
A.
No temporary structure (including trailers, mobile or modular homes) shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this Chapter. However, the City Building Commissioner may allow a temporary office or shelter incidental to new development. Occupancy of structures for emergency conditions such as fire, explosion or disaster shall be allowed until conditions are abated.
B.
"Temporary" for the purpose of this Section shall refer to a period not to exceed one (1) year. The Building Commissioner may extend the period where a need can be demonstrated.
C.
Seasonal buildings, activities or developments shall include buildings, enclosures or other structures to be installed for more than eighteen (18) months. Seasonal buildings shall be shown on a Site Development Plan and Building Elevations as approved by the Planning and Zoning Commission.
1.
The Planning and Zoning Commission may approve or deny the proposed seasonal building, activity or development with or without contingencies. Contingencies may, include, but not be limited to, length of time, hours of operation, design, and building materials.
Section 405.310 Building, Maximum Height And Exceptions.
[R.O. 2007 § 405.310; Ord. No. 1523 § 6.0500, 5-11-1989]
The height limitations of this Chapter shall not apply to church spires, domes or skylights, ventilators, water tanks, parapet walls, or necessary mechanical appurtenances usually carried above the roof level.
Section 405.320 Building, One Principal Or Main Building Per Lot.
[R.O. 2007 § 405.320; Ord. No. 1523 § 6.0600, 5-11-1989]
Except as otherwise specifically provided for in this Chapter only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage or yard for another lot, building or use.
Section 405.330 Building Grades.
[R.O. 2007 § 405.330; Ord. No. 1523 § 6.0700, 5-11-1989]
A.
Any building site shall have a sloping grade and shall be maintained to cause the flow of surface water to flow away from the walls of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance.
B.
When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the new building and the yard around the new building shall be graded in such a manner as not to alter the natural flow of water across adjacent properties.
Section 405.340 Corner Visibility.
[R.O. 2007 § 405.340; Ord. No. 1523 § 6.0800, 5-11-1989; Ord. No. 1988 § 1, 3-25-1993; Ord. No. 3216 § 1, 3-23-2000; Ord. No. 3451 § 1, 5-24-2001; Ord. No. 3961 § 1, 1-20-2004; Ord. No. 7192, 8-22-2019]
Within the sight distance area of a comer lot, no sign, telephone booth, planting, or other obstruction to vision shall be erected, planted or maintained so as to substantially obstruct the view of traffic at an intersection. The sight distance area shall be determined per the standards established in the St. Louis County Department of Highways and Traffic Design Criteria, Section 40.25, except comer lots along residential streets and minor collector streets which shall have a sight distance area that extends thirty (30) feet from the point of intersection of the two (2) property lines adjacent to the comer lot.
Section 405.350 Child Care Facilities - Licensing Process.
[R.O. 2007 § 405.350; Ord. No. 1523 § 6.0900, 5-11-1989]
Any organization or person planning to offer day care for five (5) or more children, except those coming under the exception of the law, shall apply for a license and meet the licensing rules before accepting more than four (4) unrelated children for care.
Section 405.355 Regulations For Group Home Providers.
[Ord. No. 5956 § 7, 7-25-2013]
A.
Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas provided that, in furtherance of the goals of de-institutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.
1.
In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within five hundred (500) feet of another group home, measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; or
2.
The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.
3.
In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Planning Department on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.
Section 405.360 Fence Requirements.
[R.O. 2007 § 405.360; Ord. No. 1523 §§ 6.1000 — 6.1004, 5-11-1989; Ord. No. 1720 § 1, 2-14-1991; Ord. No. 2516 § 1, 8-8-1996; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3781 § 1, 2-20-2003; Ord. No. 3961 § 1, 1-20-2004; Ord. No. 3962 § 1, 1-20-2004; Ord. No. 4300 § 1, 6-23-2005; Ord. No. 5132 § 12, 1-8-2009; Ord. No. 5742 § 13, 4-30-2012]
A. FENCE SIGHT-PROOF FENCE
Definitions. For the purposes of this Section the following terms shall be deemed to have the meaning indicated below:
A structure and/or materials consisting of wood (rails or stakes), wire, masonry, vegetation (hedge) or other similar materials erected so as to provide a barrier or enclosure along the boundaries of a yard or lot or within a yard or lot. Such fence may or may not have openings for sidewalks and driveways within its vertical surface depending on its construction and use.
[Ord. No. 7458, 6-24-2021]
Any fence which substantially reduces the sight-distance for adjacent properties or the traveling public. These fence types include, but are not limited to, wood stockade fence, masonry fence, shadow-box fence or thick vegetation (hedges).
B.
The following general fence provisions shall apply to all zoning districts:
1.
No permit shall be required for the erection, installation or alteration of any fence within the City of St. Peters except as otherwise required in this Section.
[Ord. No. 6722 § 4, 3-23-2017]
2.
No fence, wall, shrub, or hedge shall be constructed or altered to exceed six (6) feet in height except as indicated in the specific district regulations as follows.
3.
It shall be unlawful for any person to paste, stick or put upon any fence or wall within the City any indecent, obscene, immoral or grossly written words or painted advertisement, poster or circular.
4.
No person shall erect, or cause to be erected, maintain, or cause to be maintained, any fence or enclosure of which any part is charged with or designed to be charged with the electrical current except as specified by applicable Missouri Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
5.
In the case of fences constructed over dedicated utility easements, the City shall not be responsible for the replacement of said fence due to its removal. It is required that the property owner contact the City Engineer or developer for location of above-mentioned easements.
6.
In no case shall a fence be erected so as to enclose or block a stormwater catch basin, culvert, or other stormwater structure in any development. It shall be the responsibility of the City Engineer to inspect such violations and make a written report to the Administrative Officer.
8.
All fencing must be maintained in good condition at all times. "Good condition" is hereby defined to include, but shall not be limited to, replacement of damaged boards, staining or painting of surfaces and removal of rust.
9.
Fence completion shall occur within six (6) months from the start of construction.
10.
When a fence is adjacent a public street, the improved side of the fence shall be oriented to the outside.
11.
Fences shall be designed to appear as one (1) unit; patched or extended fences that do not match the original fence design and/or materials shall not be permitted.
[Ord. No. 7555, 12-16-2021; Ord. No. 7709, 9-22-2022]
C.
Fence Regulations For "A-1" Agricultural District. Electrified and barbed wire fences shall be permitted in the "A-1" Agricultural District as specified by applicable Missouri Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
D.
Fence Regulations For "R" (Residential) Districts.
1.
The use of barbed wire, hardware cloth, or any other similar material shall not be permitted as fencing in residential districts.
2.
Residential fences shall not exceed six (6) feet in height.
3.
The owners of residential properties shall be responsible for maintaining said fences and to remove any fence if it becomes unsightly or a menace to public safety, health or welfare.
4.
On a comer lot, a fence shall not extend beyond the front building line, as platted, which is parallel to the front of the house. Along other front building lines as platted on a comer lot, the fence may extend ten (10) feet beyond the front building line as platted and shall not extend into the sight distance area as defined in Section 405.340 of this Chapter. If the rear property lines of comer lots abut each other, the front yard fence setback along the sides of the structures may be located along the property line.
[Ord. No. 6249 § 15, 10-23-2014; Ord. No. 7458, 6-24-2021]
5.
On a through-lot, a fence is permitted to extend to, and along, the property line opposite the front of the structure. No fence shall be permitted to extend beyond the building line at the front of the structure or any property line.
[Ord. No. 6249 § 15, 10-23-2014]
6.
On any interior lot other than a through-lot, a fence shall not extend beyond the front building line nor shall any fence extend beyond the side and rear property lines.
[Ord. No. 6249 § 15, 10-23-2014; Ord. No. 7458, 6-24-2021]
7.
A front yard shall not be enclosed by a fence other than as provided for a through-lot or when installed as a physical security measure. However, physical security measures in the front yard may not include fences that completely block the view of a front yard, prevent access to the public right-of-way, sidewalk, or utility easement, or negatively impact the drainage of the subject property. Decorative fence sections and trash enclosures shall not be considered a fence and may be placed in front yards.
[Ord. No. 7458, 6-24-2021; Ord. No. 7709, 9-22-2022]
8.
Temporary fences may be erected in conjunction with "display homes" in subdivisions so long as the fences are removed within thirty (30) days following the sale or transfer of ownership of the home.
9.
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
10.
Fences shall be erected around swimming pools according to the adopted Building Codes of the City of St. Peters.
11.
There shall be no fences consisting of one (1) or more strand wires constructed in residential districts.
12.
Fence Materials.
[Ord. No. 7192, 8-22-2019]
a.
Fences which are four (4) feet or less in height may be constructed of wood, masonry, vinyl materials, metal in the appearance of wrought iron, or chain link materials. Vinyl materials shall be considered slats or planks; vinyl coated chain link fencing or metal shall not be considered vinyl fencing.
b.
Fences which are greater than four (4) feet in height shall be constructed of wood, metal in the appearance of wrought iron, or vinyl materials. Vinyl materials shall be considered slats or planks; vinyl coated chain link fencing or other vinyl coated metal fencing shall not be considered vinyl fencing.
(1)
Chain link and masonry may be used if approved by the Administrative Officer after substantial evidence has been provided indicating that other materials are not practical and that such fencing will not create an aesthetic problem.
13.
Electrified fences shall be permitted for a non-residential use in a residential zoning district as allowed by applicable Missouri Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
E.
Fence Regulations For All "C" (Commercial) And "I" (Industrial) Districts.
1.
The following may be approved by the Administrative Officer:
a.
Requests stating the reason must be made in writing to and approved by the Administrative Officer prior to construction or erection.
b.
Fences higher than six (6) feet may be permitted for security and/or screening purposes. Also, barbed wire or razor wire shall be permitted only if the lowest strand is at least seven (7) feet above grade, and when used for security purposes in addition to a regular fence.
2.
Fences are permitted on any lot or paved area so long as they do not extend beyond the front building line unless otherwise approved by the Planning and Zoning Commission.
3.
Where a fence is constructed to comply with a screening requirement, all fencing regulations regarding maintenance, materials and height shall apply.
4.
Fences erected to screen waste receptacles shall be the regulations of the applicable zoning district and Section 405.395.
5.
All fences installed in commercial zoning districts and industrial zoning districts that abut residential properties that are used for the purpose of screening between districts shall be masonry, wood composite, or vinyl.
6.
Fences constructed of chain link that are located within commercial and industrial zoning districts shall be coated with vinyl.
[Ord. No. 6249 § 15, 10-23-2014]
7.
All other general provisions previously stated shall apply.
8.
All areas approved for outside seating at restaurants and taverns shall be enclosed with a fence a minimum of thirty-six (36) inches in height. The fence materials shall be as approved by the Planning Department.
9.
A fence or rail shall be installed on all retaining walls that exceed four (4) feet in height that are located in commercial zoning districts or within a commercial development in an industrial zoning district. The fence or rail shall be a minimum of thirty-six (36) inches in height.
[Ord. No. 6249 § 15, 10-23-2014]
10.
Electrified fences shall be permitted in a commercial or industrial zoning district as allowed by applicable Missouri Statutes, including Sections 67.301 and 67.494, RSMo.
[Ord. No. 7555, 12-16-2021]
F.
Fence Permit In All "R-3", "C" (Commercial) And "I" (Industrial) Districts.
1.
For all fences installed within an "R-3(A)", "R-3(8)", a multiple-family development within a Planned Urban District (PUD), "C", or "I" District, a building permit, not to exceed fifty dollars ($50.00), shall be obtained prior to installation of the fence. However, building permits shall not be required for electric fences, per Missouri Statute Section 67.301, but electric fences must comply with City regulations related to aesthetics, access to the public right-of-way, sidewalks or utility easements, structural soundness, and impacts on drainage of a property.
[Ord No. 6722 § 4, 3-23-2017; Ord. No. 7514, 10-14-2021; Ord. No. 7555, 12-16-2021]
Section 405.370 Floodplain Areas.
[R.O. 2007 § 405.370; Ord. No. 1523 § 6.1100, 5-11-1989; Ord. No. 2312 § 1, 6-8-1995; Ord. No. 2770 § 1, 11-13-1997]
A.
Notwithstanding the regulations contained in any part of this Chapter, no use other than an agricultural use, public park or parkway and public street or highway will be permitted in any zoning district on the Zoning District Map which is subject to flood hazard unless adequate flood protection measures are taken as specified in Chapter 410. This Chapter shall apply to all areas of special flood hazards as identified by the Federal Insurance Administration through the report entitled, "The Flood Insurance Study for the City of St. Peters, with accompanying "Flood Insurance Rate Maps (FIRM)" and "Flood Hazard Boundary Maps (FHBM)". If property is elevated above the base flood elevation, the developer shall obtain a letter of map revision or amendment as appropriate as follows:
Section 405.380 Home-Based Work.
[R.O. 2007 § 405.380; Ord. No. 1523 §§ 6.1200 — 6.1205, 5-11-1989; Ord. No. 1988 § 1, 3-25-1993; Ord. No. 2120 § 1, 3-10-1994; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3622 § 1, 3-14-2002; Ord. No. 3701 § 1, 9-12-2002; Ord. No. 5742 § 14, 4-30-2012; Ord. No. 6249 § 16, 10-23-2014; Ord. No. 6865, 11-9-2017; Ord. No. 7192, 8-22-2019; Ord. No. 7514, 10-14-2021; Ord. No. 7710, 9-22-2022]
A.
Home-based work permitted pursuant to the provisions of this Chapter is subject to, the following:
1.
Home-based work may only be performed by the owner or a tenant of the dwelling unit within which the home-based work is being performed.
2.
The total number of employees and clients on-site at one (1) time in a dwelling unit may not exceed the occupancy limit for the dwelling unit.
3.
The use of the dwelling unit for home-based work shall not cause a substantial increase in traffic in the area of the dwelling unit.
4.
The activities of the home-based work shall not be visible from any adjoining street.
5.
In no way shall the appearance of the structure of the residence be altered or constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
6.
Such home-based work shall be conducted entirely within the residence.
7.
No storage or display of materials, goods, supplies, or equipment related to the performance of home-based work shall be visible from the outside of any structure located on the premises of the dwelling unit.
8.
The performance of any home-based work, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking.
9.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.
10.
A minimum of two (2) off-street parking spaces shall be provided on the premises for said home-based work.
11.
No commercial vehicles, as defined (see Section 405.100, Definitions And Rules Of Construction, "commercial vehicles") by this Chapter, shall be displayed or stored outside of a structure on the property;
12.
No home-based business shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the residence and the home-based work exceeds the average for residences in the neighborhood.
13.
The business activity performed by the owner or tenant of the dwelling unit shall be compliant with all State and Federal laws and ordinances of the City.
14.
All residences used for short- and mid-term non-owner-occupied residency shall be subject to an annual inspection by the City of St. Peters. The inspection shall be conducted after each annual business license renewal and shall address health and safety conditions typically considered in the review of non-owner-occupied structures.
[Ord. No. 7870, 10-26-2023]
Section 405.385 Garage Sales.
[Ord. No. 5132 § 13, 1-8-2009]
In all residential districts, a maximum of one (1) garage sale may be conducted at each residence during any month. A garage sale may include two (2) days of consecutive or non-consecutive sales within a seven (7) day period. A maximum of six (6) garage sales may be conducted at each residence during any calendar year.
Section 405.390 Landscaping And Screening.
[R.O. 2007 § 405.390; Ord. No. 1523 §§ 6.1300 — 6.1303, 5-11-1989; Ord. No. 1720 § 1, 2-14-1991; Ord. No. 2120 § 1, 3-10-1994; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3216 § 1, 3-23-2000; Ord. No. 5096 § 1, 10-23-2008; Ord. No. 5132 § 14, 1-8-2009; Ord. No. 6865, 11-9-2017; Ord. No. 7458, 6-24-2021; Ord. No. 7605, 4-14-2022; Ord. No. 7839, 7-27-2023; Ord. No. 8025, 9-12-2024; Ord. No. 8080, 12-19-2024]
A.
Residential Districts. It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:
1.
No tree or ground cover shall be planted of a type of species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer, or other public improvements. Grass clippings, leaves and other landscape waste shall not be discarded into the public right-of-way, including, but not limited to, sidewalks, curbs, streets, streams, creeks, drainage ways and storm sewers. The property owner shall contact the City prior to landscaping within any street right-of-way or utility easement.
2.
Vines of climbing plants growing over street signs, fire hydrants, or other public property shall be removed by the property owner.
3.
On a corner lot, no planting or other obstruction to vision extending to a height in excess of twenty-four (24) inches above the established street grade shall be erected, planted or maintained within the sight distance as established per Section 405.340.
4.
All landscaping shall be properly maintained according to City ordinances presently in effect. A minimum of fifty percent (50%) of the entire yard, exclusive of any pool, paved surface or sidewalk, shall be comprised of turf grass. Notwithstanding the same, no less than seventy percent (70%) of a front yard, exclusive of any paved surface or sidewalk, shall be comprised of turf grass. Plants, flowers, or agricultural crops grown in a yard, including any incidental turf grass located between such plants, flowers, or agricultural crops, shall not be considered comprised of turf grass for the measurements required herein. Agricultural crops shall not be planted in the front yard of any lot, except that agricultural crops, except corn, may be planted, grown and maintained in an area of the front yard consisting of up to twenty-five (25) square feet or ten percent (10%) of the area of the front yard, whichever is less. Trees shall not be planted within six (6) feet of a property line in the side and rear yard. The property owner shall be responsible for maintenance of all landscaping.
5.
For all multiple-family zoning districts, "R-3(A)" and "R-3(B)", a landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the Planning and Zoning Commission's review and approval of said landscape plan. The landscape plan shall contain size, type and location of plantings. All "R-2" Two-Family Residential Zoning Districts shall be required to have a landscape plan which may be approved by the Planning and Development Department or forwarded to the Planning and Zoning Commission for its review and approval at the discretion of the Administrative Officer. Landscaping to be completed prior to the issuance of a final occupancy permit for the structure(s).
6.
In all residential zoning districts, above-ground fuel storage tanks shall be thoroughly (0 screened with appropriate materials or landscaping to conceal their visibility from the right-of-way and neighboring properties.
7.
All trees shall be planted so as to maintain a minimum fifteen (15) foot setback from all levees.
B.
Non-Residential Districts (Commercial/Industrial). In "C" (Commercial) and "I" Districts, the landscaping/screening requirements are as follows:
1.
Screening Requirements.
a.
All screening and buffering requirements previously set forth in the individual districts, special use permit, or Planned Urban Development (PUD) agreement shall be the responsibility of the lot owner or developer to install and maintain.
b.
When off-street parking areas for six (6) or more vehicles are located within or adjacent to a residential district, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with minimum height of six (6) feet shall be provided between the parking area and the said lot or residential district. Such screen shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the Administrative Officer.
c.
Protective Screening. When off-street loading areas are located within or adjacent to a residential district, and where such loading areas are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight (8) feet shall be provided between the loading area and the said lot or residential district. Such screen shall consist of a solid fence or a masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the Administrative Officer.
2.
Landscaping Requirements.
a.
A landscape plan shall accompany, or be a part of, each site plan, and no site plan for new development shall be approved without the Planning and Zoning Commission's approval of said landscape plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings, and similar landscape features. The majority of white pines or other evergreen species as approved on the Site Development Plan shall be a minimum of six (6) feet in height; deciduous trees shall be a minimum caliper of one and one-half (1.5) inches.
b.
Where off-street parking spaces are provided, a minimum of ten (10) square feet of landscaping shall be provided for each space within the parking area or lot, or as approved by the Commission. While no specific tree species or plantings are given in this Chapter, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earth berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.
3.
All trees shall be planted so as to maintain a minimum fifteen (15) foot setback from all levees.
C.
Screening And Landscaping. All off-street parking facilities, with the exception of a single-family detached dwelling or a two-family dwelling, shall be screened and landscaped in accordance with the following design standards.
1.
Planting Strip Along Property Lines.
a.
Along each property line of the zoning lot, a planting strip of four (4) feet minimum width shall be provided between said property line and the off-street parking facilities. Where parking facilities for non-residential uses abut a residential district, a sight-proof fence or hedge of not less than six (6) feet in height shall be provided along the perimeter of the off-street parking facility within the planting strip herein described.
b.
In the case of a common/shared driveway entrance/exit the requirement for a four (4) feet minimum width planting strip will be waived. However, the remainder of the site shall contain sufficient additional landscaped areas to compensate for the loss of the planting strip or a portion thereof.
2.
All off-street parking facilities shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the facility. Such planting strips or islands shall be satisfactorily landscaped with trees or other suitable vegetation and shall constitute no less than five percent (5%) of the total area of the off-street parking facility excluding the four (4) foot planting strip previously mentioned.
3.
The selection of trees, hedges and other planting materials shall be approved by the Commission on recommendation by the Administrative Officer.
4.
All screening and landscaping shall be installed in conformance with the "Corner Visibility" restrictions of this Chapter, Section 405.340.
5.
The selection of trees, hedges, and other planting materials shall be as approved on the landscape plan. Minor modifications to the landscape plan may be approved by the Administrative Officer. Substantial modifications shall be reviewed and approved by the Planning Commission.
D.
Prior to issuance of a final occupancy permit, all landscaping indicated on the approved site development plan shall be installed. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the Administrative Officer and shall otherwise be submitted in compliance with the process established in Section 405.585. Upon installation of the landscape materials, the escrow shall be released by the City.
Section 405.395 Exterior Waste Container Enclosure Requirements.
[R.O. 2007 § 405.395; Ord. No. 3961 § 2, 1-20-2004; Ord. No. 4582 § 1, 7-27-2006; Ord. No. 5132 § 15, 1-8-2009]
A.
Trash containers shall be enclosed and screened per the requirements of each zoning district. Recycling containers are not required to be screened unless otherwise approved on the site development plan. A trash enclosure is required in all non-residential and multiple-family developments unless otherwise waived by the Planning Commission; where required, the following conditions shall be required:
[Ord. No. 7458, 6-24-2021]
1.
All exterior waste containers shall be located on a paved surface. If a floor drain is installed outside the waste container to serve the waste container, the pad shall not exceed three (3) feet on any side of the actual dumpster. The pad shall be sloped towards the floor drain which shall be directed to the sanitary sewer system through the grease interceptor structure. Drainage beyond the waste container area shall be directed towards the storm sewer system.
2.
Reinforced concrete approaches shall be provided in front of the access doors to the screened area; the approaches shall be a minimum of twenty (20) feet in length and at least as wide as the screened area.
3.
Unless otherwise specified in the specific zoning district requirements, all screening of waste containers shall be masonry or vinyl fence material. All doors on waste container enclosure areas shall be vinyl.
4.
All trash enclosures shall be designed and constructed to City specifications as directed by the Department of Health and Environmental Services.
Section 405.400 Lot, Corner And Through.
[R.O. 2007 § 405.400; Ord. No. 1523 § 6.1400, 5-11-1989; Ord. No. 3318 § 1, 10-12-2000]
For any through lot, both frontages shall comply with the front yard requirement of the district in which it is located. Swimming pools, decks, and open-air porches shall comply with the setback requirements of the underlying zoning district. In addition, fences shall comply with Section 405.360, Fence Requirements.
Section 405.405 Compliance With Chapter 535, Tree And Landscape Chapter.
Section 405.410 Lot Consolidation.
[R.O. 2007 § 405.410; Ord. No. 1523 § 6.1500, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord. No. 2770 § 1, 11-13-1997]
A.
When the recorded owner of two (2) or more contiguous lots desires to consolidate lots, the owner shall indicate the proposed consolidation in writing to the Administrative Officer. No amended record plats are needed as long as the external boundary in question shall be used as one (1) lot. However, an exhibit including the following information shall be provided:
B.
The letter requesting consolidation and the exhibit shall be approved by the Planning Department and recorded with the St. Charles County Recorder of Deeds. A recorded copy of the letter and exhibit shall be returned to the Planning Department.
Section 405.420 Non-Conforming Use.
[R.O. 2007 § 405.420; Ord. No. 1523 §§ 6.1600 — 6.1603, 5-11-1989; Ord. No. 2516 § 1, 8-8-1996]
A.
A non-conforming use is a land or buildings within the City of St. Peters that does not conform to this Chapter. A non-conforming use may often have a detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking spaces, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values. These regulations are intended to minimize the existing and/or potential problems created by non-conforming uses.
B.
Continuance Of A Non-Conforming Use.
1.
Any lawful building, structure, or use existing at the time of the enactment of this Chapter may be continued even though such building, structure, or use does not conform to the provisions of this Chapter for the district in which it is located and whenever a district shall be changed hereafter then the existing lawful use may be continued, subject to the provisions of this Chapter.
2.
Any legal non-conforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs.
3.
Any building for which a permit has been lawfully granted prior to the effective date of this Chapter or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within one (1) year.
4.
A building or lot containing a non-conforming use may not be enlarged, extended, expanded, reconstructed, or altered unless such use is made to conform to the regulations of the district in which it is located. However, in the case of evident hardship, a building containing a non-conforming use or a site with a non-conforming feature may be enlarged an amount not greater than twenty-five percent (25%) of its present ground floor area or square footage by approval of the Administrative Officer when the modification or maintenance is completed by the existing owner. If a non-conforming building or site is sold or transferred, the building or site modification must be directed by the City within five (5) years of the sale/transfer.
[Ord. No. 7839, 7-27-2023]
C.
Repairs, Maintenance And Alteration Of Non-Conforming Use/Building.
1.
Ordinary repairs and maintenance of a non-conforming building shall not be deemed an extension of such non-conforming building and shall be permitted.
2.
No structural alteration shall be made in a building or other structure containing a non-conforming use except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in elimination of the non-conforming use.
c.
A building containing a non-conforming use may be altered in a way to improve livability and/or appearance provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.
D.
Abandonment Or Discontinuance.
1.
When any non-conforming use has discontinued for a period of twelve (12) consecutive months, such use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this Chapter, provided that, such non-conforming use may be resumed when the owner during the period of discontinuance, has been actively attempting to continue such non-conforming use.
2.
Proof of fact in writing must be furnished to the Administrative Officer by the applicant to establish intent not to abandon.
Section 405.430 Park And Open Space Requirements For All Zoning Districts.
[R.O. 2007 § 405.430; Ord. No. 1523 §§ 6.1700 — 6.1702, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997]
A.
Amount Of Land/Recreational Facilities To Be Provided. Prior to the issuance of any building permits, the developer of any residential, commercial, or industrial areas shall comply with the City's current Comprehensive Plan and Future Land Use Map in providing jogging/bicycle trails, or other park land pursuant to the Comprehensive Plan. During the site plan review process the developer will provide reasonable measures to retain existing trees and vegetation and is encouraged to participate in the City's park development program.
B.
Application. The provisions of this Chapter shall apply to all residential, commercial, or industrial developments within the corporate limits of St. Peters, Missouri. In submitting a preliminary plat or site plan, the developer shall ensure that said plat or plan contains sufficient detail so as to distinguish open space, playground, bike trails or recreational related facilities. The developer shall also indicate on said preliminary plat or site plan the land and/or facilities which are to be dedicated as park, bike trail or open space to the City or dedicated to private or common ownership for park purposes. All plats and plans shall be reviewed by the City for conformity with the City's then current Comprehensive Plan and Future Land Use Map.
C.
Any development which generates hazardous waste or hazardous materials as defined by the Missouri Department of Natural Resources shall be prohibited within (2,500) feet of a City well.
[Ord. No. 6249 § 17, 10-23-2014]
Section 405.440 Right-Of-Way - Street Or Highway, Structures Prohibited.
Section 405.450 Sidewalks And Bicycle Paths.
[R.O. 2007 § 405.460; Ord. No. 1523 §§ 6.2000 — 6.2004, 5-11-1989; Ord. No. 2312 § 1, 6-8-1995; Ord. No. 2516 § 1, 8-8-1996; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3318 § 1, 10-12-2000]
A.
The intent of this provision is to provide pedestrians with safe and convenient access to schools, recreational, and retail areas, and places of employment. In general, sidewalks should be located in the public right-of-way parallel to the street pavement. However, when a sidewalk can be integrated into a linear park system, consideration should be given to combination pedestrian/bicycle paths. In any event, the purpose of sidewalks shall be to connect people with specific destinations within the City. The following specifications shall apply:
3.
Minor (local), Dead-End, And Cul-De-Sac Streets (right-Of-Way — Fifty (50) Feet).
a.
A sidewalk shall be required on one (1) side of all primary subdivision roadways. A primary subdivision roadway shall be defined as any entrance/exit roadway or connection thereto to its termination or connection with any secondary entrance/exit of the subdivision.
b.
A minimum of a four (4) foot wide sidewalk with appropriate easement shall be provided to facilitate access and connection to community facilities and adjacent subdivisions.
4.
Sidewalks for pedestrian/bikeway movement shall be a minimum of six (6) feet in width. Property easements for such purpose shall be a minimum of ten (10) feet. The Planning and Zoning Commission shall require additional easement where necessary.
Section 405.460 Site Plan Review.
[R.O. 2007 § 405.470; Ord. No. 1523 §§ 6.2100 — 6.2105, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord. No. 1720 § 1, 2-14-1991; Ord. No. 1988 § 1, 3-25-1993; Ord. No. 2312 § 1, 6-8-1995; Ord. No. 2516 § 1, 8-8-1996; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 2868 § 1(6.2102, 6.2105), 7-9-1998; Ord. No. 3143 § 1, 11-18-1999; Ord. No. 3171 § 1, 1-13-2000; Ord. No. 3280 § 1, 8-10-2000; Ord. No. 3370 § 1, 1-11-2001; Ord. No. 3530 § 1, 9-27-2001; Ord. No. 3558 § 1, 11-15-2001; Ord. No. 3580 § 1, 1-10-2002; Ord. No. 3648 § 1, 5-9-2002; Ord. No. 3775 § 1, 1-27-2003; Ord. No. 3781 § 1, 2-20-2003; Ord. No. 3963 § 1, 1-20-2004; Ord. No. 4300 § 1, 6-23-2005; Ord. No. 4345 § 1, 9-22-2005; Ord. No. 4398 § 1, 12-15-2005; Ord. No. 4723 § 1, 1-26-2007; Ord. No. 5466 § 9, 8-26-2010; Ord. No. 5629 § 1, 8-11-2011; Ord. No. 5742 § 15, 4-30-2012; Ord. No. 7231, 11-14-2019; Ord. No. 7458, 6-24-2021; Ord. No. 7514, 10-14-2021; Ord. No. 7514, 10-14-2021; Ord. No. 8080, 12-19-2024; Ord. No. 8107, 3-27-2025]
A.
In planning and developing a subdivision, lot or tract, the applicant shall comply with the general principles of design and minimum requirements for the layout of subdivision concerning required improvements, and in every case shall pursue the following procedures.
B.
Preapplication Proceedings. Prior to the preparation of the preliminary plat and/or site plan, the applicant shall consult with the designated Administrative Officer in order to become familiar with the standards established in these regulations and the provisions of the Comprehensive Plan affecting the land proposed to be subdivided.
C.
Process Of Submission Of Preliminary Plat Or Site Plan.
1.
The applicant, after the advisory meetings, may then initiate a request for formal review of the preliminary plat, site plan, or record plat. The applicant shall submit said plat or plan in accordance with the established scheduled meeting of the Planning and Zoning Commission at which action is desired. After review of plat or plan by City staff, and subsequent notification of deficiencies/problems, the developer/owner shall resubmit the corrected plat or plan prior to the Planning and Zoning Commission meeting. Resubmitted plats or plans containing more than six (6) contingencies shall not be submitted to the Planning and Zoning Commission for review.
2.
All preliminary plats or site plans shall be prepared and sealed by a qualified and registered professional engineer or surveyor. Licensed architects shall be permitted to seal site plans or amended site plans that do not include site grading or utility construction or modifications.
3.
The applicant shall submit the site plan through the City's online portal as required by the Administrative Officer for all staff reviews. The applicant shall submit the required prints or an online submittal for review by the Planning and Zoning Commission as directed by the Administrative Officer.
4.
(Reserved)
5.
All preliminary plats and site plans shall be acted on by the Planning and Zoning Commission within one hundred twenty (120) days of plat/plan submittal to the City.
6.
A traffic study may be required by the City Engineer if deemed necessary for the analysis of a development project by the Planning and Zoning Commission.
D.
Information Required On A Preliminary Plat Or Site Plan.
1.
The plat or site plan shall be drawn to scale of not greater than one hundred (100) feet to the inch and shall contain the following information:
b.
North arrow and scale and property address from the applicable fire protection district.
c.
Title Block.
(1)
The proposed name of the subdivision or development.
(2)
Names and addresses of property owners including phone number.
(3)
Names and addresses of architect, land planner, engineer, designer or surveyor.
(4)
Date prepared.
(5)
Tract designation or legal (metes and bounds) description.
(6)
Address of site (if available).
d.
Boundary Line. Showing bearings and distances.
e.
Adjacent Properties Information — Existing And Proposed. Ownership and use of land, zoning classifications. (Ownership of lots in residential subdivision not required.)
f.
Utilities And Easements.
(1)
Indicate name and phone number of the company or jurisdiction providing the following services: water, sanitary sewer, electric, telephone, gas.
(2)
Identify size and location of existing water lines, sewer lines, electric service and other existing utilities. Show the location of hydrants, water meters, manholes, inlets and other utility markers. Show the location of future water and sewer lines and electric service.
(3)
Indicate existing easements on plat or plan including perimeter utility easement.
(4)
Indicate the location of future mailboxes or mailbox groupings.
g.
Lot Dimensions.
(1)
(a)
On residential lots indicate approximate square footage of each lot. Provide notes reflecting minimum side, rear, and front dimensions exclusive of public right-of-way.
(b)
Indicate minimum lot width at the building line on irregular shaped lots or lots having a measurement less than the required lot width at the building line.
(2)
On non-residential lots, indicate gross acreage for each lot to be reviewed exclusive of public right-of-way.
(3)
Indicate building dimensions and square footage of the same.
(4)
Indicate building lines and indicate the dimension of the building to the property lines if the dimension is less than thirty (30) feet.
h.
Public And Private Streets And Curb Cuts.
(1)
Show all proposed streets and improvements to existing streets. Indicate whether public or private, width of pavement, width of right-of-way and name of streets. (A letter from the St. Charles County Planning Office indicating approval of street names must be supplied to the City.)
(2)
Dimension curb cuts on all non-residential development.
(3)
Show adjacent or connecting streets and their names.
(4)
Show all street lighting.
(5)
Comply with segment of regulations which specifies information to be supplied at the time of filing of the preliminary plan or development plan as it relates to stormwater management planning. (Refer to Chapter 550, "Storm Sewer And Drainage Facility Guidelines".)
(6)
Indicate basic soil erosion control plan to be utilized during site development.
(7)
Other information as may be required by the Planning and Zoning Commission.
i.
Physical Characteristics And Stormwater Management.
(1)
On-site plans provide existing contours at two (2) foot intervals and one (1) foot intervals for proposed. On preliminary plats, provide existing and proposed contours at intervals of five (5) feet or less.
(2)
Indicate natural features to be left undisturbed including natural watercourses. The development shall leave as much of the natural topography and tree growth as reasonably possible to facilitate erosion control and aesthetic considerations.
j.
Parks/open Space, Recreational Areas And Common Ground.
(1)
Parks and open space land shall be shown on plan if required in City's Comprehensive Plan.
(2)
Recreational area, if proposed, shall delineate type of facilities and who will be responsible for operation and maintenance of same.
(3)
All common ground areas shall be shown with an appropriate note provided regarding administration of same.
k.
Setback And Yards. Setback and appropriate yards shall be at least those specified for the applicable district.
m.
Additional Information Required For Non-Residential Site Plan Development. Refer to specific zoning district for details.
(1)
Protective screening for properties abutting residential zoning districts.
(2)
Trash Containers. Show location and indicate that screening shall be six (6) feet in height and compatible with the building style.
(3)
Street Lighting. Show location.
(4)
Landscape Plan. No site plan shall be approved without an acceptable landscape plan. Information on location of plantings, species, numbers, and size is appropriate.
(5)
Building Outline And Floor Area. Dimension floor area and identify building usage. If multiple use, provide appropriate floor area breakdown. Provide other information including building entrances as required by the Planning and Zoning Commission.
(6)
Parking And Off-Street Loading.
(a)
All parking shall be based upon building use(s) in accordance with parking requirements provided in these regulations. Handicapped spaces shall be provided. Appropriate dimensions shall be given for all parking spaces and access aisles. Handicapped parking space signs and ramps shall be indicated where applicable. Off-street loading shall be provided as specified in these regulations and shall be appropriately dimensioned.
(b)
Indicate curb and gutter on all parking lots.
(7)
In order to insure architectural compatibility within non-residential and certain residential zoned areas of the City, the Commission shall require architectural drawings and profiles to accompany site plans.
2.
Upon approval of preliminary plat/site plan, the revised plat/plan incorporating appropriate contingencies shall be submitted to the Planning Department prior to issuance of a building permit.
3.
If the site work approved through the site plan approval process has not been substantially begun within twelve (12) months after site plan approval by the Planning and Zoning Commission, the site plans shall become null and void unless reapproved by the Commission. An applicant must refile the appropriate information when said site plan has been voided.
E.
Architectural Review For Structures In All Zoning Districts Except "R-1" Single-Family Residential District.
1.
Purpose. The intent of this Subsection (E) is to assure the mutual compatibility and appearance of buildings and their surroundings in the City of St. Peters.
2.
Application Review Responsibility.
a.
The criteria shall apply to all new building construction excluding single-family residential dwellings. The Commission, prior to issuance of a building permit by the City, shall have the responsibility to review renderings except as provided for hereinafter. Where building additions or alterations are considered, including substantial painting of a building that will alter the appearance of the building, the Administrative Officer shall review amended elevations for consistency with original renderings and elevations and for Code compliance. The Administrative Officer may refer amended building elevations to the Planning Commission for review.
b.
At the time of occupancy and/or use change, the Administrative Officer may require modifications to the building exterior to improve the appearance of the building. For substantial remodeling or renovation of a building, a revised rendering or elevation drawing shall be submitted to the Planning Commission for review. If there are no changes to the site plan, a key map or sketch plan may be required to indicate the location of the building.
3.
Submission Guidelines/requirements.
a.
An elevation drawing of all sides of the building detailing the building's profiles must be submitted for Commission review along with the site plan. The elevation drawing must identify all building materials and colors in a readable manner. The elevations shall be drawn on a twenty-four (24) inch by thirty (30) inch (minimum size) sheet of paper at a scale no smaller than twenty (20) feet to the inch. The building elevation drawings shall be submitted to the Planning Department within seventeen (17) days of the initial plan submittal date. Where multiple buildings are proposed and they will differ architecturally, the site plan applicant is expected to supply all appropriate renderings. Material samples must be provided at the Planning and Zoning Commission meeting when the project is under review.
b.
Twelve (12) file copies (8.5" x 11", 8.5" x 14", or 11" x 17" or similar) of the elevation drawing must also be submitted to the Planning Department by the final submittal date of the site plans. Plans submitted for review with a building permit application shall essentially be in accord with the elevation drawing or the permit will be denied.
c.
Where deed or subdivision documents contain architectural standards, applicant shall supply a copy of same to the Planning Department.
d.
If the building elevation drawings do not comply with these submittal requirements, the building elevation drawings and related site plan shall not be placed on the Planning Commission agenda until all submittal requirements are addressed.
4.
Criteria.
a.
(1)
All buildings shall be architecturally treated on all sides of the building to create a consistent and attractive building appearance. All new buildings shall be designed so as to match or complement existing buildings in the vicinity. All buildings within the "C-1" Neighborhood District shall be designed to be compatible with surrounding residential areas and shall include an appropriate and limited amount of window glass.
(2)
Architectural materials shall be as approved on the architectural renderings. All new buildings shall consist predominantly of masonry/brick; stucco, wood, metal or EFIS type material shall be considered as accent material. The Planning Commission may approve other materials that provide similar or equal architectural treatments and are deemed to have the same durability as masonry.
b.
Roof top utilities such as, but not limited to, cooling towers and heating and cooling equipment installed in conjunction with any buildings or installed on any building heretofore erected shall be screened/enclosed with walls of brick, wood, or other similar architectural material extending to the height of the highest projection of such equipment from all sides.
c.
Exterior walls of buildings exposed as the result of demolition or removal of an adjacent building, unless such walls are in good condition and architecturally compatible with other walls and surrounding buildings, shall be renovated or improved, as required by the Planning and Zoning Commission, to provide such compatibility.
d.
Retaining walls and similar walls shall be of a decorative treatment as approved by the Planning Department. Exemption from this requirement shall be as approved by the Administrative Officer. Guardrails or fences shall be required when safety concerns are evident and shall be of a material approved on the site plan by the Planning Department.
F.
Public Improvements Installed Or Guaranteed In All Zoning Districts.
1.
Improvement Guarantee Required. After the site plan has been approved and all inspection fees paid, but before the issuance of any grading or building permits or the approval of the record plat, the developer shall guarantee the completion of all improvements required by the approved site plan together with the cost of restoration of any site in case of failure of the developer to complete the improvements so approved once land disturbance has commenced, and shall guarantee maintenance of such improvements as required herein. Except as provided in Subsection (F)(2) below, the developer shall either:
a.
Complete and dedicate the improvements in accordance with the approved site plan under the observation and inspection of the City Engineer, and establish a maintenance agreement and provide a deposit to guarantee maintenance of such improvements as required herein; or
b.
Establish a deposit under a deposit agreement with the City of St. Peters guaranteeing the construction, completion, and installation of the improvements ("construction deposit"), and establish a separate deposit for maintenance obligations as required herein for the improvements shown on the approved site plan ("maintenance deposit"), within an improvement completion period approved by the City Engineer, which period shall not exceed two (2) years and which maintenance deposit shall be established prior to the final construction deposit release.
2.
Exceptions. The City Engineer may require any specific improvement to be installed prior to approval of the record plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.
3.
Deposit Options. Deposits required by this Section shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:
a.
Cash deposited with the Treasurer of the City to be held in an interest-bearing account dedicated for that purpose, with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits; or
b.
An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City's Attorney and the City Engineer. The letter of credit may not be drawn on any financial institution where the developer or a related person, directly or indirectly, voluntarily or involuntarily, owns, operates, controls through stock ownership or otherwise, or becomes employed by, advises, consults with or represents in any capacity such financial institution; provided however, nothing contained herein shall be construed to prohibit the developer from: (i) investing in any such financial institution, so long as he does not own or control ten percent (10%) or more of such financial institution's ownership interests, or ten percent (10%) or more of any class of securities of such financial institution, when the developer is a financial institution, it may issue its own letter of credit. The letter of credit shall provide that the issuing institution will pay, on demand, to the City such amounts as the City may require to fulfill the developer obligations herein, as the same may be reduced from time to time in writing by the City Engineer. The letter of credit shall be irrevocable for least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the Treasurer of the City, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City with submission of a letter of credit and one hundred dollars ($100.00) for any amendment or extension thereto to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.
c.
Due to the costs of administering deposit agreements and the compliance with State regulations relating thereto, any developer that elects to use a deposit agreement in lieu of completing the improvements as otherwise provided for in this Chapter and Section 89.410, RSMo., shall deposit an additional fee of five hundred dollars ($500.00) that shall be used by the City to defray costs of administration, legal review, procedural changes, and other costs not otherwise reimbursed to the City resulting from the City's acceptance of such deposit agreements. The developer shall be obligated to reimburse the City for any additional costs, including, but not limited to, reasonable attorneys fees, above such deposit amount arising in any way from the City's acceptance of a deposit agreement in lieu of completion of improvements prior to recording the record plat. The developer may request a refund of principal amounts, if any, of any initial or supplemental deposit of the costs attributable to the improvements during the period of the deposit agreement by written request made to the City Engineer within thirty (30) days after the developer has received the City Engineer's approval of any category of improvements subject to such deposit agreement.
4.
Amount Of Deposit. The amount of the deposit required by this Section shall be calculated as follows:
a.
Construction Deposit. The deposit required of a developer establishing a deposit agreement pursuant to Subsection (F)(1)(b) shall be, in addition to the separate maintenance deposit sum, in the amount of one hundred percent (100%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements, plus a sum for grading and restoration based on the estimated costs of construction on all residential sites or a restoration sum for construction on all non-residential sites calculated as follows: for sites of 0 — 1 acre — $5,000; 1 — 3 acres — $15,000; 3 — 5 acres — $25,000; 5 — 10 acres or more — $50,000. The developer shall submit a list of quantities and unit costs for materials and labor to construct the improvements in order to facilitate the City Engineer's estimation of the cost of such improvements. The unit costs shall be taken from the most current edition of the St. Louis County Department of Highway and Traffic's Design Criteria Manual, Schedule of Unit Prices. Any items not listed within the Schedule of Unit Prices shall be submitted by the developer's engineer.
b.
Maintenance Deposit. The deposit required of a developer pursuant to Subsections (F)(1)(a) and (F)(1)(b) for maintenance obligations shall be in the amount of fifteen percent (15%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements, plus one hundred percent (100%) of the restoration sum. The maintenance deposit shall be established by cash sum or submission of a separate letter of credit.
5.
Deposit Agreement — Releases. The deposit agreement entered into with the City of St. Peters shall require the developer to agree to fulfill the obligations imposed by this Section, and shall have such other terms as the City's Attorney may require consistent with this Section. The deposit agreement shall authorize the City Engineer to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection and approval by the City Engineer of all required improvements within a category of improvements, or may occur from time to time as work on specific improvements is completed, inspected and approved, provided however, that:
a.
Releases — General. The City Engineer shall release the cash or release the letter of credit as to all or any part of the developer's obligation only after construction, completion, and installation of some phase of work on the improvements as indicated on the approved site plan and receipt of requisite written notification from the City Engineer, but only in the amounts permitted herein.
Closed circuit TV (CCTV) inspections for sanitary and storm sewer mains to be dedicated to the City shall be required prior to the initial release of any deposit agreement related thereto. The CCTV inspection shall be conducted by the City at a cost to the developer of one dollar ($1.00) per lineal foot of sewer main. Said fee must be paid prior to inspection of the mains. The developer may elect to conduct the CCTV inspection itself, in which case the developer shall provide the City with a videotape and written report prepared by an inspection company or engineer approved by the City. The CCTV videotape and inspection report shall be prepared in the format required by the City, and shall describe the slope, location and type of deficiencies found. After correction of any deficiencies, such deficiencies shall be reinspected by the City at the above cited cost to the developer. No release of the deposited funds for such improvements shall be made until the deficiencies found have been corrected and dedicated.
b.
Extension Of Completion Period. If, at the end of the required improvement completion period, all of the improvements shown on the approved site plan have not been completed, the developer may request and the City Administrator may grant an extension to the improvement completion period for a period of up to two (2) additional years if after review by the City Engineer such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities or requirements so long as all deposit agreements are extended and approved by the City's Attorney; provided, further, that the City Engineer may require as a condition of the extension execution of a new deposit agreement, recalculation of deposit amounts, or satisfaction of new code requirements or other reasonable conditions as may be needed to ensure that the extended deposit agreement fully complies with the terms of this Section.
c.
Construction Deposit Releases. After an inspection of any specific improvement, the City Engineer may, in the City Engineer's discretion, release no more than ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvement. Irrespective of any discretionary prior releases that may be authorized by the City Engineer, after completion and dedication of any component of the guaranteed improvements (i.e., less than all of the improvements in a given category), the remaining amount held for any category of improvements shall be released within thirty (30) days of completion and dedication of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion and dedication of all improvements for the site. The City Engineer shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components, and line items shall in no way modify or reduce the developer's deposit agreement as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item. All improvements in a category shall be deemed complete only when:
(1)
Each and every component and line item within a category for the entire site has been constructed and completed as required,
(2)
The developer has notified the City Engineer in writing of the completion of all components of the category, provided all necessary or requested documentation, including a signed instrument of dedication therefor and requests an inspection,
(3)
The developer is not in default or in breach of any obligation to the City under this Section, including, but not limited to, the City Engineer's demand for maintenance or for deposit of additional sums required for the improvements, and
(4)
The inspection has been completed and the results of the inspection have been approved by the City Engineer. Releases of the maintenance deposit amounts shall be as provided elsewhere in this Section for maintenance deposits.
d.
Effect Of Release — Continuing Obligations. The developer shall continue to be responsible for defects, deficiencies, damage to and maintenance of required improvements during development of the site. No inspection, approval or partial release of funds from the construction deposit as to any component or category shall be deemed to be the City's final approval of an improvement or otherwise release the developer of its obligation relating to the completion of all the improvements until the final construction deposit release is made on all improvements declaring that all improvements have in fact been constructed as required. No such final inspection, approval and construction deposit release, or any partial releases with respect to any portion of the required improvements, shall constitute dedication and acceptance of the improvement by the City as a public improvement of the City for which the City shall bear any responsibility or be deemed to have accepted for maintenance.
e.
Deficient Improvements. No approval of required improvements shall be granted for improvements that fail to meet the specifications established by City ordinance or otherwise adopted by the City Engineer.
f.
Final Construction Deposit Release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit shall be released; provided, that no such funds shall be released on a final inspection until the development of the site is complete, as determined by the City Engineer.
g.
Appeals. If the developer believes that a release or certificate of completion has been improperly denied, including, but not limited to, under Subsections (F)(5) or (F)(6) hereof, an appeal shall be filed pursuant to Article XI of this Chapter, and no such denial shall be deemed final until such appeal procedure has been exhausted.
h.
Inspections. The City Engineer shall inspect each category of improvement within twenty (20) business days after a request for such inspection has been filed with the City Engineer by the developer, and no inspection shall be required until such request is received by the City Engineer. For purposes of this Section, an "inspection request" shall constitute and occur only on a completed written request form that shall include:
(1)
The category of improvement reflected in the deposit agreement that is requested to be inspected;
(2)
A certification from a professional engineer registered in the State of Missouri that the category of improvement has been installed and is being maintained in conformance with the final approved site plan and all applicable requirements thereto, and is therefore ready for inspection; and
(3)
A verified statement from a representative officer of the developer attesting that the information in the inspection request is true and accurate.
Nothing herein shall preclude the City Engineer from completing additional inspections at his or her discretion or as a courtesy to the developer. |
6.
Maintenance Guarantee.
a.
Scope And Duration. Upon commencement of installation of the required improvements within the subject site, the developer shall be responsible for the maintenance of the improvements, including undeveloped lots, streets, sidewalks, common areas, and storm and drainage facilities, until the sooner of:
(1)
The expiration of twelve (12) months after final release of the construction deposit by the City, or
(2)
Expiration of twelve (12) months after occupancy permits have been issued on ninety-five percent (95%) of all of the lots in the subdivision plat(s) subject to the deposit agreement, whichever is earlier.
Maintenance shall include repair or replacement of all defects, deficiencies and damage to the improvements that may exist or arise, abatement of nuisances caused by such improvements, removal of mud and debris from construction, erosion control, grass cutting, removal of construction materials (except materials to be used for construction on the lot or as permitted by site plan), and street deicing and snow removal. All repairs and replacement shall comply with City specifications and standards. The maintenance obligation for required improvements to existing public roads or other existing public infrastructure already maintained by a public governmental entity shall terminate on and after the date such improvements have been inspected, and dedication and maintenance of the improvements has been accepted by the Board of Aldermen. Irrespective of other continuing obligations, the developer's street deicing and snow removal obligations shall terminate on the date a street is accepted by the City for public maintenance.
b.
Maintenance Deposit — Amount — Use.
(1)
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection (F)(7) and other remedies of this Code, shall be subject to the immediate order of the City Engineer to defray or reimburse any cost to the City of maintenance or repair of improvements related to the site or subdivision which the developer fails or refuses to perform. Such costs shall include off-site damage caused by deficiencies in the improvements or failure of maintenance. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the City Engineer shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City. The City Engineer shall have the authority to require the maintenance deposit to be replaced or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.
(2)
In determining the amount of maintenance deposit that shall continue to be held, portions of the deposit amount that were attributable to improvements that have been accepted by any third party governmental entity or utility legally responsible for the maintenance of the improvement may be released upon such acceptance of the improvement by that entity.
c.
Final Maintenance Deposit Release. Upon expiration of the maintenance obligations established herein, the City Engineer shall cause a final inspection to be made of the required improvements. Funds shall then be released if there are no defects or deficiencies found and all other obligations are shown to be satisfied on inspection thereof, or at such time thereafter as any defects or deficiencies are cured with the permission of, and within the time allowed by, the City Engineer. This release shall in no way be construed to indemnify or release any person from any civil liability that may exist for defects or damages caused by any construction, improvement or development for which any deposit has been released.
7.
Failure To Complete Improvements. The obligation and rights of the developer to construct, complete, install and maintain the required improvements indicated on the approved site plan and provide for their maintenance shall not cease until the developer shall be finally released by the City Engineer, nor shall any deposit agreements or obligations hereunder be assignable or transferable by developer. Furthermore, in the event of a default, abandonment, or failure of the developer to complete the improvements, no other person, firm, entity shall acquire (whether by contract, judicial foreclosure or other means) any rights to the remaining deposited funds as a developer without entering into a separate deposit agreement with the City. If, after the initial improvement completion period or after a later period as extended pursuant to this Section, the improvements indicated on the approved site plan are not constructed, completed, installed, accepted and maintained as required, or if the developer shall violate any provision of the deposit agreement, the City Engineer may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision or for the site during any period in which the developer is in violation of the deposit agreement or Article VIII of this Chapter relating to the subdivision or site. If the developer fails to cure any default or present compelling reason why no default should be declared, the City Engineer shall declare the developer in default and may take any one (1) or more of the following acts:
a.
Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be then placed in an appropriate trust and agency account subject to the order of the City Engineer for such purposes as letting contracts to bring about the completion or maintenance of the improvements required on the approved site plan or other appropriate purposes in the interest of the public safety, health and welfare; or
b.
Require the developer, letter of credit provider or surety to pay to the City the balance of the sum not theretofore released; or
c.
Require the developer to submit an additional sum sufficient to guarantee the completion or maintenance of the improvements indicated on the approved site plan after recalculation in order to allow for any inflated or increased costs of constructing or maintaining the improvements.
The failure of a developer to complete the improvement obligations within the time provided by the deposit agreement (or any extension granted by the City), including the payment of funds to the City due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, and no right to any extension shall exist or be assumed. |
8.
Other Remedies For Default. If the developer, letter of credit provider or surety fails to comply with the City Engineer's requirements for payment as described above or fails to complete the improvements as required or otherwise violates the deposit agreement provisions, and there is a risk that development will continue in the subdivision or on the site without the timely prior completion of required improvements or compliance with any deposit agreement provisions, the City Engineer may, with the City Administrator's approval, in addition or alternatively to other remedies:
a.
Suspend the right of anyone to build or construct on the site or any undeveloped portion of a subdivision. For the purpose of this Subsection the "undeveloped portion" of a subdivision means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The City Engineer shall give the developer ten (10) days' written notice of an order under this Subsection, with copies to all letter of credit providers or sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the site or subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the City Engineer shall order construction suspended on the site or the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the letter of credit or surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City Engineer at the site or subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the City Engineer.
(1)
If said notice is for a site or subdivision:
THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. PETERS CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH TIME AS THE CITY OF ST. PETERS CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. PETERS CITY CODE.
(2)
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. PETERS CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. PETERS CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. PETERS CITY CODE.
The City shall not thereafter authorize construction to take place contrary to the City Engineer's order. The suspension shall be rescinded in whole or in part only when the City Engineer is convinced that completion of the improvements is adequately assured in all or an appropriate part of the site or subdivision and a guarantee of maintenance provided; or |
b.
Suspend the rights of the developer, or any related entity, to construct structures in any development platted after the effective date of such suspension throughout City of St. Peters. The City Engineer shall give the developer ten (10) days' written notice of an order under this clause, with a copy to letter of credit providers or sureties known to the City Engineer who have obligations outstanding on behalf of the developer or related entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that completion and maintenance of the improvements is adequately assured as provided herein, the City Engineer shall order construction suspended. The order shall be served upon the developer, with a copy to the letter of credit provider or surety as appropriate, and a copy recorded with the Recorder of Deeds. The City shall not thereafter authorize construction to take place contrary to the City Engineer's order. The suspension shall be rescinded only when the City Engineer is convinced that completion and maintenance of the improvements is adequately assured.
9.
Suspension Of Development Rights. From and after the effective date of this Section, if a developer, or any related entity, has a subdivision deposit agreement or guarantee that is in default, as determined by the City Engineer, including any escrow or bond under any prior version of this Section:
a.
The City Engineer shall be authorized, but not be limited to, thereafter pursue the remedies of Subsection (F)(8) of this Section; and
b.
The rights of the developer, or any related entity, to receive site plan approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development in the City, shall be suspended. The suspension shall be rescinded only when the City Engineer is convinced that completion and maintenance of the improvements is adequately assured.
10.
Additional Remedies. If any party fails to comply with any obligation of this Section, the City Engineer may, with the City Administrator's approval, recommend that the City's Attorney take appropriate legal action and may also withhold any building or occupancy permits to a developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by set-off of any funds or assets otherwise held by the City of the developer to the maximum extent permitted by law. Such set-off shall occur upon written notice of such event by the City Engineer to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter that the developer shall pay the City's costs, including reasonable attorney's fees, of enforcing such agreement in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under Article XI of this Chapter.
a.
If a surety fails to perform on any bond or any other party fails to comply with any provision of this Section, the City Engineer may take such other and additional legal action as he or she deems appropriate.
b.
No surety shall be eligible to provide a bond required herein, nor shall any financial institution be eligible to provide a letter of credit, unless approved in advance by the City Engineer on such terms and criteria as may be established by the City Administrator.
c.
Escrow.
(1)
Escrow agreements and surety bonds approved and provided prior to February 1, 2012, shall continue to be governed in accordance with their terms and the provisions of the St. Peters City Code in effect at the time of their approval; provided however, anything to the contrary contained therein or herein, the same shall be subject to the remedies provided in this Section 405.460(F) in the event of a default as hereinabove described or as set forth in such escrow agreement or surety bond.
(2)
Escrow agreements and surety bonds approved and provided prior to February 1, 2012, for which the required period of completion of improvements has not yet lapsed may be submitted to the City Engineer for extension or replacement only in accordance with the terms of this Section, as amended.
(3)
Notwithstanding any other provisions of the St. Peters City Code to the contrary with respect to an escrow agreement or surety bond delivered to the City prior to February 1, 2012, the City Engineer may approve a replacement escrow agreement or surety bond only in accordance with the terms of this Section, as amended.
11.
Related Entities. For purposes of this Section, "related entity" has the following meaning: a developer is a "related entity" of another person:
a.
If either has a controlling interest in the other, or
b.
If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has controlling interest in the other.
The identification of related entities may be supported by documentation from the Missouri Secretary of State's Office, Jefferson City, Missouri. |
Section 405.470 Street Naming (New Street).
[R.O. 2007 § 405.480; Ord. No. 1523 § 6.2200, 5-11-1989; Ord. No. 7717, 10-27-2022]
Before a street name can be assigned as part of the site plan or established on a record plat, the City must have received written approval from St. Charles County.
Section 405.480 Street Name Change (Existing Street).
[R.O. 2007 § 405.490; Ord. No. 1523 §§ 6.2300 — 6.2304, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 5742 § 16, 4-30-2012]
A.
In order to petition for the change of a street name, the procedures set forth in this Section shall be followed.
1.
A street name change may be initiated by any owner of property that is located and has an address on the street subject to the proposed name change.
2.
The petitioner shall submit the proposed street name change(s) to the City of St. Peters Planning Department. The Planning Department will coordinate with St. Charles County and the applicable fire protection district regarding the street name.
[Ord. No. 7839, 7-27-2023]
3.
After approval of the new street name by St. Charles County and the applicable fire protection district, an owner of property located and with an address on the street subject to the proposed name change shall submit a petition proposing a change of a name for a street to the Administrative Officer for consideration. The petition shall be submitted on a form provided by the City and shall include signatures of at least seventy-five percent (75%) of the owners of properties located on the applicable street unless initiated by the City. The applicable fee shall be paid (see Appendix A to this Title IV) at the time the petition is submitted to the City.
4.
After verification of the sufficiency of the petition by the Administrative Officer, the Administrative Officer may place said petitioned change(s) on the Planning Commission agenda.
5.
A property owner included on the petition and representing the petition must appear before the Planning and Zoning Commission; the Commission shall take final action on the proposed street name.
6.
Upon the Planning Commission’s approval, the City Clerk will provide the County Recorder's and Assessor's office with copies of the affidavit approving said street name change(s). The Planning Department will inform the appropriate fire protection district and post office of the name change and coordinate the necessary corrections to the official maps of the City of St. Peters.
Section 405.490 Street Vacation.
[R.O. 2007 § 405.500; Ord. No. 1523 §§ 6.2400 — 6.2404, 5-11-1989; Ord. No. 6249 § 18, 10-23-2014]
A.
To vacate a street right-of-way, person(s) must follow the procedures outlined below:
1.
Persons requesting to vacate a street right-of-way must make a formal written request to the City. Such request(s) must be considered by both the Planning and Zoning Commission and the Board of Aldermen. In addition, the request must be accompanied by the following:
2.
All street vacation requests must be reviewed by the Planning and Zoning Commission. Although no formal public hearing is required, an advertisement will be published in a newspaper of general circulation notifying the public of the proposed vacation for one (1) week prior to the regular meeting. The fee for the advertisement shall be paid by the person(s) requesting said street vacation.
3.
Upon recommendation by the Commission, the Board of Aldermen may act on said vacation request(s). If the Board approves of the vacation, an appropriate ordinance will be prepared.
4.
Following approval of the aforementioned ordinance, the City Clerk will provide the St. Charles County Recorder's and Assessor's office with the appropriate document.
Section 405.500 Hunting Of Wildlife Within City. [1]
[Ord. No. 6598 § 6, 8-25-2016]
A.
Certain Hunting Permitted.
1.
Upon first obtaining a special use permit to hunt on certain property within the City, the following hunting activities may be permitted:
a.
Hunting With Projectile Weapons. Hunting of wildlife with a projectile weapon on property consisting of at least five (5) contiguous acres.
b.
Hunting With Shotguns. Hunting of wildlife on property consisting of at least forty (40) contiguous acres with shotguns loaded with a self-contained cartridge containing multiple, spherical projectiles commonly referred to as "shot."
B.
Specific Action Prohibited/Required.
1.
All hunters must complete a hunter safety course prior to hunting in the City.
2.
The holder of a special use permit to hunt wildlife must annually provide the City with a certificate of insurance providing evidence of a policy of general liability insurance in an amount of not less than one million dollars ($1,000,000.00) per occurrence, and two million dollars ($2,000,000.00) in the aggregate.
3.
All hunters must carry a valid Missouri hunting permit and any necessary tags on their person at all times, and must otherwise comply with the State of Missouri Wildlife Code, Federal hunting regulations, and City ordinances.
4.
It shall be unlawful for any person to discharge any firearm or projectile weapon from, towards or across any public roadway or sidewalk.
5.
It shall be unlawful for any person to discharge a firearm or projectile weapon within two hundred fifty (250) yards of any church, school, or playground.
6.
It shall be unlawful for any person to discharge any firearm or projectile weapon at or in the direction of another person, any vehicle, dwelling unit, church, school, playground or building that is within the range of discharge plus two hundred fifty (250) feet.
7.
It shall be unlawful for any person to discharge a firearm or projectile weapon within two hundred fifty (250) feet of any vehicle, dwelling unit, or building, unless the hunter is the owner of such vehicle, dwelling unit, or building, or unless the hunter has previously received express authority from such owner to discharge the shotgun, firearm or projectile weapon within two hundred fifty (250) feet of such vehicle, dwelling unit, or building.
8.
It shall be unlawful for any person to knowingly discharge a firearm or projectile weapon while on the property of another without first having obtained permission from the owner, lessee, or person in lawful possession of such property.
C.
Violations. Any person determined to be in violation of any of the provisions of this Section shall, upon conviction, be subject to a fine of up to five hundred dollars ($500.00) and up to ninety (90) days in the St. Charles County Jail, or to both such fine and imprisonment. Each incident or day of such violation shall constitute a separate offense.
[1]
Editor’s Note: Former Section 405.500, Structures Required, Spacing Requirement, Lot Widths – Service Stations – Restroom Facilities, adopted and amended R.O. 2007 § 405.505; Ord. No. 1523 § 6.2500, 5-11-1989; Ord. No. 3622 § 1, 3-14-2002; Ord. No. 3781 § 1, 2-20-2003, was repealed 10-23-2014 by § 19 of Ord. No. 6249.
Section 405.510 Yard And Court Encroachments.
[R.O. 2007 § 405.510; Ord. No. 1523 §§ 6.2600 — 6.2603, 5-11-1989; Ord. No. 1617 § 1, 4-12-1990; Ord. No. 3318 § 1, 10-12-2000; Ord. No. 4723 § 1, 1-26-2007; Ord. No. 6249 § 20, 10-23-2014; Ord. No. 7192, 8-22-2019; Ord. No. 8080, 12-19-2024]
A.
General. A part of any building or structure shall not extend into side courts, inner courts or yards required for light and ventilation of habitable and occupiable rooms or by the zoning law or other Statutes controlling building construction, except as hereinafter provided.
B.
Steps, Architectural Features And Roof Eaves. Steps, window sills, belt courses, and similar architectural features and rain leaders, chimneys, and roof eaves shall project not more than two (2) feet beyond any building line.
C.
Exterior Stairways And Fire Escapes. Outside stairways, smoke proof tower balconies, fire escapes, window wells or other required elements of a means of egress shall not project more than four (4) feet beyond the face of the wall.
Section 405.515 Exterior Treatment Of Exposed Foundations.
[R.O. 2007 § 405.515; Ord. No. 1523 § 6.2700, 5-11-1989; Ord. No. 1988 § 1, 3-25-1993; Ord. No. 3795 § 1, 3-13-2003]
Any exposed foundation wall on any new structure as defined in this Chapter shall be treated with an appropriate substance to complement the appearance of the structure. The following examples would be permitted as treatment of exposed foundations: continuance of siding treatment down to within one (1) foot of grade, or a brick masonry unit, or stone, of a complementary or matching color.
Section 405.520 Vehicle Repair Or Dismantling.
[R.O. 2007 § 405.520; Ord. No. 1523 § 6.2800, 5-11-1989; Ord. No. 2120 § 1, 3-10-1994]
A. MINOR REPAIRS SUBSTANTIAL REPAIRS
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
Repairs such as changing oil; spark plugs, tires or air/oil filters; adjusting brakes; replacing carburetors; repairing or switching tires; replacing the alternator; and repairs of a similar nature.
All repairs other than minor parts.
B.
No person shall make substantial repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially or commercially zoned district unless said repairs or dismantling is conducted in an enclosed area, the interior of which cannot be viewed from any surrounding residential property.
C.
Any repairs or dismantling as authorized in Subsection (B) shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.
D.
Nothing herein shall prohibit minor repairs be performed on a vehicle owned by a member of the household. Such minor repairs can be conducted in an enclosed area or if performed outside must be completed within a six (6) hour period.
E.
The repair of vehicle under this Section shall not create a nuisance by excessive noise, early or late work or debris accumulation.
Section 405.525 Wireless Communications Services.
[R.O. 2007 § 405.525; Ord. No. 1523 § 6.2900, 5-11-1989; Ord. No. 2516 § 1, 8-8-1996; Ord. No. 4723 § 1, 1-26-2007; Ord. No. 5638 § 1, 8-25-2011; Ord. No. 5742 § 17, 4-30-2012; Ord. No. 6184 § 3, 7-24-2014; Ord. No. 6195 § 7, 8-14-2014]
A. APPLICANT APPLICATION BUILDING PERMIT
Definitions. For purposes of Sections 405.525 through 405.528 only, the following terms shall have the meanings hereinafter subscribed to such terms:
Any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct a new wireless support structure, for the substantial modification of a wireless support structure, or for an eligible facilities request.
A permit issued by the Administrative Officer prior to commencement of work on the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies Chapter 505 of the Municipal Code of the City of St. Peters.
B.
Wireless support structures shall not exceed one hundred (100) feet unless otherwise set forth in the special use permit in accordance with the provisions of Section 405.526(D).
C.
No wireless support structure shall be located within one thousand (1,000) feet of another wireless support structure. The distance shall be calculated from the center of the base of the wireless support structure.
D.
All wireless support structures shall be constructed to allow for collocation of wireless communications services as detailed in the applicable special use permit.
[Ord. No. 6865, 11-9-2017]
E.
No more than one (1) wireless support structure shall be constructed on any single lot.
F.
Wireless support structures shall be set back at least fifty (50) feet from any public right-of-way unless otherwise set forth in the special use permit in accordance with the provisions of Section 405.526(D).
G.
The design of a wireless support structure, equipment compound, or base station shall maximize the use of building materials, colors, textures, screening, and landscaping that effectively blend the wireless support structure, equipment compound, or base station within the surrounding structures and the natural setting. Antennas on structures, including signage, shall be painted or designed to match the structure to which they are attached.
H.
Landscaping and/or sight-proof fencing shall be installed around the base of all wireless support structures, equipment compounds, and base stations as approved by the Administrative Officer on a site plan. Landscaping shall be installed to effectively screen equipment compounds and base stations from adjacent residences and roadways.
I.
The construction, maintenance and operation of wireless support structures, wireless facilities, base stations and equipment compound shall comply with all federal, State and City regulations. In addition, the Board of Aldermen may impose reasonable restrictions and conditions to the issuance of any such special use permit.
J.
Any wireless support structure, wireless facilities, base station or equipment compound that is no longer in use for any wireless communications service shall be removed at the property owner's expense. The property owner shall provide the City with a copy of the notice to the Federal Communications Commission of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove such wireless support structure, wireless facilities, base station or equipment compound.
Section 405.526 Special Use Permits For New Wireless Support Structures Or Substantial Modification Of Wireless Support Structure.
[Ord. No. 6184 § 4, 7-24-2014; Ord. No. 6195 § 8, 8-14-2014]
A.
Notwithstanding the provisions of Section 405.780 to the contrary, an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be subject to the provisions of this Section.
B.
Filing Of Application And Fees.
1.
An application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Administrative Officer. Each application shall be filed with the Administrative Officer and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Administrative Officer. The application shall be accompanied by the fee set forth in the Schedule of Permits, Inspections and Plan Review Fees, as set forth in Appendix A to Title IV, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
2.
An application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be submitted to the Administrative Officer and shall contain or be submitted concurrently with the following information:
a.
A legal description of the real property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be affected;
c.
A scaled map of such property, correlated with the legal description and clearly showing the real property's location;
d.
The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application;
f.
Date of filing with the Administrative Officer;
g.
The present zoning for the real property;
h.
The existing use(s) and the proposed use(s) of such real property;
i.
The notarized signature(s) of the applicant(s), fee owner(s) and agents of the fee owner(s), if any, certifying the accuracy of the required information. If the applicant(s) or fee owner(s) of the real property are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, trust agreement, operating agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan;
l.
Photographs or other pictorial representations of the new wireless support structure, or the substantial modification of a wireless support structure, as viewed from neighboring properties to demonstrate if the wireless support structure is harmonious with the appearance and character of the neighborhood;
m.
Documentation evaluating how the wireless support structure will be landscaped or how views of the wireless support structure will be screened;
n.
The type of wireless facilities, infrastructure or technology to be used by the applicant; and
o.
Solely with respect to an application for a new wireless support structure, a statement by the applicant that it conducted an analysis of available collocation opportunities on existing wireless support structures within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.
C.
Procedure.
1.
Hearing And Consideration By The Planning And Zoning Commission. Within sixty (60) calendar days of receiving an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, or within such additional time as may be mutually agreed to by an applicant and the Administrative Officer, the Planning and Zoning Commission shall:
a.
Conduct a hearing and review the application in light of its conformity with this Section 405.526:
(1)
An application is deemed to be complete unless the Administrative Officer notifies the applicant in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete.
(2)
Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within said period of thirty (30) calendar days, the application shall be reviewed and processed by both the Planning and Zoning Commission and the Board of Aldermen within one hundred twenty (120) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the one-hundred-twenty-calendar-day deadline for the City to review the application, make the final decision, and advise the applicant in writing of its final decision, shall be extended by the same period of time.
b.
Determine whether or not the standards described in Sections 405.525 and 405.526 have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met. Thereafter, the Planning and Zoning Commission shall either:
(1)
Postpone consideration of the application because the application is incomplete;
(2)
Recommend approval of the application to the Board of Aldermen;
(3)
Recommend approval of the application with conditions to the Board of Aldermen; or
(4)
Recommended denial of the application to the Board of Aldermen.
If the Planning and Zoning Commission fails to act on an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within its sixty-calendar-day review period, or within such additional time as may be mutually agreed to by an applicant and the Administrative Officer, the Planning and Zoning Commission shall be deemed to have recommended approval of the application to the Board of Aldermen. |
2.
Notice Of Hearings. The Administrative Officer shall send, via regular mail, to the applicant(s), all the fee owners of the real property to be affected and their agents, if any, notice of each hearing to be conducted by the Planning and Zoning Commission and the Board of Aldermen. Such notice shall be mailed at least ten (10) days prior to the date of the hearing and contain the name of the applicant, the application number and the time and place of the hearing.
3.
Hearing And Consideration By The Board Of Aldermen. Upon receipt of a recommendation from the Planning and Zoning Commission, and after providing notice pursuant to this Section, within one hundred twenty (120) calendar days of the Planning and Zoning Commission's receipt of an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, or within such additional time as may be mutually agreed to by an applicant and the Administrative Officer, the Board of Aldermen shall conduct a hearing, on the record, on the application and it shall:
4.
The special use permit under consideration by the Board of Aldermen shall be in the form of an ordinance. Such ordinance shall include findings of fact as well as such terms, conditions, safeguards and restrictions upon the special use as deemed necessary by the Board of Aldermen.
5.
If the Board of Aldermen fails to act on an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within the one-hundred-twenty-calendar-day review period, or within such additional time as may be mutually agreed to by an applicant and the Administrative Officer, the application shall be deemed approved.
D.
Standards. When deciding whether to approve or deny a special use permit for a wireless support structure or substantial modification of a wireless support structure, the Planning and Zoning Commission and the Board of Aldermen shall consider the following:
1.
Whether the proposed special use complies with all applicable provisions of the Municipal Code of the City of St. Peters, including intensity of use regulations, setback regulations and use limitations;
2.
Whether the proposed special use will contribute to and promote the general, welfare, health, safety and convenience of the public;
4.
Whether denial of the special use permit will prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II);
5.
Whether the proposed use will adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will adversely affect the immediate neighborhood, consideration shall be given to:
a.
The location, nature and height of buildings, structures, walls and fences on the real property;
b.
The nature and extent of proposed landscaping and screening on the real property; and
c.
The nature of the zoning district and the uses permitted in such district.
Photographs or other pictorial representations of the wireless support structure or wireless facility, as viewed from neighboring properties, shall be considered when determining if the wireless support structure, or substantial modification to a wireless support structure, will adversely effect the immediate neighborhood; and |
6.
Any other relevant impact of the proposed use.
Section 405.527 Wireless Facilities Permit.
[Ord. No. 6184 § 5, 7-24-2014; Ord. No. 6195 § 9, 8-14-2014]
A.
Intent And Purpose. Any person making an eligible facilities request for a modification of an existing wireless support structure or base station that is not a substantial modification of such wireless support structure or base station must apply to the Administrative Officer for a wireless facilities permit. An application for a wireless facilities permit shall be made on an application form provided by the Administrative Officer. The Administrative Officer may not deny, and shall approve, such wireless facilities permits.
B.
Procedure. All applications for a wireless facilities permit shall comply with the procedures set forth in this Subsection (B).
1.
An applicant for a wireless facilities permit shall submit the application and all attachments to the Administrative Officer on an application form provided by the Administrative Officer. The application shall be accompanied by the fee set forth in the Schedule of Permits, Inspections and Plan Review Fees, as set forth in Appendix A to Title IV, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
2.
Each application shall include the following:
a.
A legal description of the real property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be affected;
c.
A scaled map of such property, correlated with the legal description and clearly showing the real property's location;
d.
The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application;
f.
Date of filing with the Administrative Officer;
g.
The present zoning for the real property;
h.
The existing use(s) of such real property;
i.
The notarized signature(s) of the applicant(s), fee owner(s) and agents of the fee owner(s), if any, certifying the accuracy of the required information. If the applicant(s) or fee owner(s) of the real property are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, trust agreement, operating agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan; and
l.
The type of wireless facilities or technology to be used by the applicant.
3.
Applications for a wireless facilities permit are not subject to the City's zoning or land use requirements, including design or placement requirements, or public hearing review, except as provided in Subsection (B)(7).
4.
Except as provided in Subsection (B)(7), within forty-five (45) calendar days of receiving an application for a wireless facilities permit, the Administrative Officer shall:
a.
Review the application in light of its conformity with building permit requirements in Title V of the Municipal Code of the City of St. Peters, Chapter 510 of the Municipal Code of the City of St. Peters, recognized industry standards for structural safety, capacity, reliability, and engineering, and consistency with Sections 67.5090 to 67.5103, RSMo.
(1)
An application is deemed to be complete unless the Administrative Officer notifies the applicant in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete.
(2)
Upon receipt of a timely written notice that an application is deficient, an applicant may take fifteen (15) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within said period of fifteen (15) calendar days, the application shall be reviewed and processed within forty-five (45) calendar days from the initial date the application was received. If the applicant requires a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five-calendar-day deadline for the City to review the application shall be extended by the same period of time.
(3)
The Administrative Officer may impose conditions on the wireless facilities permit to insure that the application conforms to building permit requirements in Title V of the Municipal Code of the City of St. Peters, Chapter 510 of the Municipal Code of the City of St. Peters, recognized industry standards for structural safety, capacity, reliability, and engineering, and is consistent with Sections 67.5090 to 67.5103, RSMo.
b.
Make its final decision to approve or disapprove the application; and
c.
Advise the applicant in writing of its final decision.
6.
A party aggrieved by the final action of the Administrative Officer, either by the Administrative Officer affirmatively denying an application under the provisions of this Section 405.527 or by the Administrative Officer's inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.
7.
For any collocation to any certified historic structure as defined in Section 253.545, RSMo., as amended from time to time, the Administrative Officer shall have seventy-five (75) calendar days from the date of receipt of such an application to review the application in accordance with Subsection (B)(3), (4) and (5), except that the Administrative Officer shall hold a public hearing on the application.
a.
The Administrative Officer shall send, via regular mail, to the applicant(s), all the fee owners of the real property to be affected and their agents, if any, notice of such hearing. Such notice shall be mailed at least ten (10) days prior to the date of the hearing and contain the name of the applicant, the application number and the time and place of the hearing.
Section 405.528 Variance For Wireless Support Structures Or Wireless Facilities.
[Ord. No. 6184 § 6, 7-24-2014; Ord. No. 6195 § 10, 8-14-2014]
A.
A Request For A Variance.
1.
Notwithstanding the provisions of Article XI of Chapter 405 to the contrary, when an applicant requests some variation in the requirements of Chapter 405 of the Municipal Code of the City of St. Peters in order to construct a new wireless support structure or for a substantial modification of a wireless support structure, and where the strict application of Chapter 405 would involve undue hardship, the applicant may request a variance pursuant to this Section 405.528.
2.
In reviewing a requested variance under this Section 405.528, the Board of Adjustment may consider, but is not limited to, the following questions:
a.
If the petitioner complied with the provisions of this Zoning Code (does not obtain the variance he/she is requesting), will he/she not be able to get a reasonable return from, or make reasonable use of the property?
b.
Does the hardship result from the strict application of these regulations?
c.
Is the hardship suffered by the property in question?
d.
Is the hardship the result of the applicant's own action?
e.
Is the requested variance in harmony with the general purpose and intent of the zoning regulations and does it preserve the spirit?
f.
If the variance is granted, will the public safety and welfare have been assured and will substantial justice have been done?
g.
If denial of the variance will prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II)?
B.
New Wireless Support Structure Or Substantial Modification Of A Wireless Support Structure. An application for some variation in the requirements of Chapter 405 of the Municipal Code of the City of St. Peters to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Administrative Officer. Each application shall be filed with the Administrative Officer and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Board of Adjustment. The application shall be accompanied by the fee set forth in the Schedule of Permits, Inspections and Plan Review Fees, as set forth in Appendix A to Title IV, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
1.
An application for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be submitted to the Administrative Officer and shall contain or be submitted concurrently with the following information:
a.
A legal description of the real property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;
b.
Acreage of the real property to be affected;
c.
A scaled map of such property, correlated with the legal description and clearly showing the real property's location;
d.
The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;
e.
A copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application;
f.
Date of filing with the Administrative Officer;
g.
The present zoning for the real property;
h.
The existing use(s) and the proposed use(s) of such real property;
i.
The notarized signature(s) of the applicant(s), fee owner(s) and agents of the fee owner(s), if any, certifying the accuracy of the required information. If the applicant(s) or fee owner(s) of the real property are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, trust agreement, operating agreement, or other legally appropriate means;
j.
k.
A site plan in compliance with Section 405.460(D) may be submitted in lieu of a concept plan;
l.
Photographs or other pictorial representations of the new wireless support structure, or the substantial modification of a wireless support structure, as viewed from neighboring properties to demonstrate if the wireless support structure is harmonious with the appearance and character of the neighborhood;
m.
Documentation evaluating how the wireless support structure will be landscaped or how views of the wireless support structure will be screened;
n.
The type of wireless facilities, infrastructure or technology to be used by the applicant; and
o.
Solely with respect to an application for a new wireless support structure, a statement by the applicant that it conducted an analysis of available collocation opportunities on existing wireless support structures within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.
C.
Procedure.
1.
Within one hundred twenty (120) calendar days of receiving an application for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure, or within such additional time as may be mutually agreed to by an applicant and the Board of Adjustment, the Board of Adjustment shall:
a.
Review the application in light of its conformity with this Section 405.528:
(1)
An application is deemed to be complete unless the Administrative Officer notifies the applicant in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete.
(2)
Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within said period of thirty (30) calendar days, the application shall be reviewed and processed by the Board of Adjustment within one hundred twenty (120) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the one-hundred-twenty-calendar-day deadline for the Board of Adjustment to review the application, make the final decision, and advise the applicant in writing of its final decision, shall be extended by the same period of time.
b.
Make its final decision to approve or disapprove the application;
c.
Make findings of fact as to whether or not the standards described this Section 405.528 have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Board of Adjustment shall either:
d.
And; advise the applicant in writing of its final decision.
2.
If the Board of Adjustment fails to act on an application for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within the one-hundred-twenty-calendar-day review period, or within such additional time as may be mutually agreed to by an applicant and the Board of Adjustment, the variance shall be deemed approved.
3.
The Administrative Officer shall cause notice of a hearing before the Board of Adjustment to be published in a newspaper of general circulation in the City at least one (1) week prior to the hearing. The Administrative Officer shall post notice on the property involved for a period of one (1) week prior to the hearing and shall send three (3) notices of the public hearing by regular mail to the property owners within two hundred (200) feet of the property involved in the variance.
Section 405.530 Adult-Oriented Businesses.
[R.O. 2007 § 405.530; Ord. No. 1523 § 6.3000, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 5563 § 10, 3-24-2011]
A.
Adult-oriented businesses, including businesses limited to twenty-five percent (25%) of the general sales area, shall be limited to the following:
1.
Such businesses shall not be located within one thousand (1,000) feet of a residential use, churches, schools, day care facility, public library, public park or another adult-oriented business. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the adult-oriented business to the closest portion of the parcel containing the pre-existing primary or secondary school, house of worship, State-licensed day care facility, public library, public park, residence, or other adult-oriented business.
2.
Such business shall be subject to occasional inspections to ensure compliance with ordinance standards.
Section 405.535 Crime Prevention Through Environmental Design (CPTED).
[R.O. 2007 § 405.535; Ord. No. 1523 § 6.3100, 5-11-1989; Ord. No. 2770 § 1, 11-13-1997; Ord. No. 3775 § 1, 1-27-2003]
A.
Site plan and building design shall incorporate standard CPTED design principles to improve the overall safety of the built environment and discourage potential criminal activity. Such design elements shall be balanced with other site/building plan design factors such as aesthetics and conflict with standard Engineering/Building Codes.
B.
Design features shall include, but not be limited to, creating natural surveillance, controlling access, and territorial reinforcements. Such goals shall be accomplished through property building/structure location and orientations, parking lot placement, general lighting, landscaping, fencing, security cameras and other applicable site design features.
Section 405.536 Renewable Energy.
[Ord. No. 5756 § 15, 5-24-2012]
A.
Purpose. The purpose of this Section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City of St. Peters finds these regulations are necessary to ensure that renewable energy systems are appropriately designed, sited, and installed.
B.
Solar Panel General Requirements. The provisions of this Section shall apply to the construction and/or installation of all roof and ground mounted solar panels:
1.
All accessory solar panel installations shall provide documentation to the Planning Department verifying compliance with the renewable energy requirements.
2.
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways per Section 405.550(C)(2)(3) of the City Code.
3.
All power transmission lines from a structure or ground mounted solar energy system to any building, structure, or utility pole/line shall be located underground.
4.
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided that the signage is not for advertising purposes.
5.
If a renewable energy system has been abandoned (meaning not having been in operation for a period of ninety (90) days) or is defective or is deemed to be unsafe by the Building Code Official), the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within ninety (90) days. If the owner fails to remove or repair the defective or abandoned solar energy system, the City may pursue a legal action to have the system removed at the owner's expense.
C.
Solar Panel Accessory Use.
1.
Roof-mounted solar panels are permitted in all zoning districts as an accessory use to the principal use of the property.
a.
Solar panels shall be permitted on any pitched roof if the panels are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface.
b.
No part of the solar panel shall extend beyond the edge of the roof, unless approved by the Planning Department as an architectural feature such as, but not limited to, an awning feature that is integrated and compatible with the design of the building.
c.
A solar panel shall be permitted to project away from a flat roof if the solar panels are screened on all four (4) sides from all adjacent streets or properties with a material that matches or complements the architecture of the building.
d.
Building-integrated solar panels may be incorporated into any structure subject to the architectural review criteria of the City Code.
2.
Ground-mounted solar panels are permitted in all zoning districts as an accessory use to the principal use of the property.
a.
Ground-mounted solar panels and associated mechanical or electrical equipment shall comply with all building setback and lot coverage requirements for the zoning district in which the property is located.
b.
Ground-mounted solar panels may not exceed three (3) feet in height.
c.
The area underneath the ground-mounted solar panels shall be well maintained with the installation of mulch, landscaping rocks, or other attractive materials.
d.
If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.
D.
Wind Turbine Systems — General Requirements. The provisions of this Section shall apply to the construction and/or installation of all wind turbine systems:
1.
Wind turbines shall comply with all building setback and lot coverage requirements for the zoning district in which the property is located. Setback and height limitations shall be as set forth in the required special use permit.
2.
Building-mounted wind turbines are not permitted.
3.
Wind turbine towers shall be a monopole design unless otherwise approved by the Planning and Zoning Commission.
4.
All power transmission lines from a wind turbine system to any building, structure, or utility pole/line shall be located underground.
5.
All wind turbines shall be constructed, operated, and maintained according to best management practices including, but not limited to, an internal governor or braking device which engages at a manufacturer-specified wind speed intended to ensure the safe operation of the system in all wind conditions.
6.
Wind turbines shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration or other Federal, State, or local regulations.
7.
Wind turbines shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the area in which it is located.
8.
Noise emitted from a wind turbine shall not exceed the noise standards as established by City Code except wind turbines adjacent to property used or zoned residential shall not exceed thirty-five (35) dBA at the property line.
9.
Wind turbines shall be sited in a manner that does not result in significant shadow flicker impacts. "Significant shadow flicker" shall be defined as more than thirty (30) hours per year on abutting occupied building.
10.
Wind turbines shall not interfere with off-site electronic devices such as, but not limited to, radio, television, and communication devices.
11.
A wind turbine shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided that the signage is not for advertising purposes.
12.
The minimum distance between the ground and any part of the rotor blade system shall be a minimum of fifteen (15) feet, unless otherwise approved by the Planning Department.
13.
Wind turbines shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the surrounding grade or such step bolts or ladder is protected from access by a locked panel.
14.
If a renewable energy system has been abandoned (meaning not having been in operation for a period of ninety (90) days) or is defective or is deemed to be unsafe by the Building Code Official, the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within ninety (90) days. If the owner fails to remove or repair the defective or abandoned solar energy system, the City may pursue a legal action to have the system removed at the owner's expense.