Town And Country City Zoning Code
ARTICLE XVII
Nursing Home, Assisted Living or Continuum of Care Facility NHALCCF District Regulations
Section 405.995 Purpose.
[Ord. No. 2239 §3(17000), 8-10-1998]
A.
Developments in highway corridor locations require a greater range of uses, dwelling unit types, construction methods with special soundproofing, and site development plans that include additional buffering and landscaping. The Nursing Home, Assisted Living or Continuum of Care Facility (NHALCCF) District is restricted to a lot or contiguous lots in corridor locations only that are occupied by, developed by, or under the ownership or management control of a licensed nursing home as of July 1, 1998 and for a maximum depth of eight hundred fifty (850) feet measured perpendicularly from the highway right-of-way line of the associated road. Property owned by the applicant beyond the limits of the Nursing Home, Assisted Living or Continuum of Care Facility (NHALCCF) District may be included in the development, may be used in density calculations, and may be used to satisfy greenspace, natural resource standards and setback requirements, but may not contain units.
B.
The Nursing Home, Assisted Living or Continuum of Care Facility (NHALCCF) District is intended to:
1.
Provide a building or complex of buildings for use as a skilled nursing facility (nursing home), which is licensed by the State of Missouri,
2.
Provide a building or complex of buildings for use as a residential care facility, which is licensed by the State of Missouri,
3.
Provide a building or complex of buildings that provides relatively independent elderly or infirm persons with supervision, assistance and limited health care services in a home-like atmosphere (assisted living), or
4.
Provide planned community that includes a building or complex of buildings for use as a care facility for total continuum of care including a skilled nursing facility, a residential care facility, an assisted living facility and independent living (continuum of care facility).
Section 405.1000 Application of Other Provisions of This Zoning Ordinance.
[Ord. No. 2239 §3(17010), 8-10-1998]
The regulations in this Article are supplemented by additional general regulations in other Sections of this Zoning Code. Where there is a conflict between regulations in or authorized by this Article and provisions in other Sections of this Zoning Code, the regulations in or authorized by this Article govern the Nursing Home, Assisted Living or Continuum of Care Facility District.
Section 405.1005 Procedure For Establishment of A Nursing Home, Assisted Living or Continuum of Care Facility.
[Ord. No. 2239 §3(17030), 8-10-1998]
A.
A nursing home, assisted living or continuum of care facility (NHALCCF) may be established on a tract of land undivided by a street, which tract is under single ownership or management control, provided that:
1.
An application for a change in zoning, if required, is approved by the Board of Aldermen after a report and recommendations from the Planning and Zoning Commission;
2.
A preliminary site development plan is approved by the Board of Aldermen, after a report and recommendations from the Planning and Zoning Commission; and
3.
A final site development plan is approved by the Planning Director and recorded in the office of the St. Louis County Recorder of Deeds in compliance with this Zoning Code and the enabling ordinances for the particular nursing home, assisted living or continuum of care facility.
Failure to comply with the time limits for presentation of a final site development plan or with the schedule for construction in accordance with the requirements of this Zoning Code and the specific ordinances for particular nursing home, assisted living or continuum of care facility may, at the discretion of the Board of Aldermen, result in revocation of the ordinances. |
Section 405.1010 Rezoning of Property To Nursing Home, Assisted Living or Continuum of Care Facility (NHALCCF) District.
[Ord. No. 2239 §3(17040), 8-10-1998]
A.
Requests for rezoning of property to the Nursing Home, Assisted Living or Continuum of Care Facility District may be initiated by either the owner of the subject property or its agent, in accordance with the requirements for rezoning set forth in Section 405.290 of this Zoning Code. Petitions for rezoning by the owner of the subject property or its agent must be accompanied by a preliminary site development plan reflecting the proposed use(s) of the property, in accordance with Section 405.1015 herein. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance a zoning district other than that requested in a petition for rezoning.
B.
A Nursing Home, Assisted Living or Continuum of Care Facility District may be established by ordinance of the Board of Aldermen in accordance with Section 405.290 of this Zoning Code, when the Board of Aldermen determines that particular tracts or areas should be developed as a nursing home, assisted living or continuum of care facility.
Section 405.1015 Site Development Plan For Nursing Home, Assisted Living or Continuum of Care Facility.
[Ord. No. 2239 §3(17050), 8-10-1998]
A.
Unless otherwise provided herein, Section 405.260 governs site plan review and architectural review.
B.
An application for a nursing home, assisted living or continuum of care facility must be accompanied by a preliminary site development plan complying in all respects with Section 405.260(1).
C.
A preliminary site development plan shall be reviewed by the Planning and Zoning Commission in accordance with Section 405.260, taking into consideration all general planning considerations, including consistency with good planning practice and compatibility with adjoining community developments and uses, particularly residential uses. At any time, the Planning and Zoning Commission may require that the owner or its agent submit a revised preliminary site development plan incorporating any or all of the conditions that the Planning and Zoning Commission may recommend to the Board of Aldermen. Such a revised preliminary site development plan must be presented within six (6) months of the date the request therefor is made by the Planning and Zoning Commission, or the application shall be deemed withdrawn. The Planning and Zoning Commission may lengthen this six (6) month period.
D.
A recommendation of approval of a preliminary site development plan for a nursing home, assisted living or continuum of care facility by the Planning and Zoning Commission shall include those conditions the Commission recommends be included in an ordinance authorizing the Nursing Home, Assisted Living or Continuum of Care Facility District and/or approval of a site development plan for a nursing home, assisted living or continuum of care facility. The Planning and Zoning Commission report, and any ordinance by the Board of Aldermen authorizing a nursing home, assisted living or continuum of care facility, shall include, at a minimum, regulations and/or conditions relating to:
1.
Permitted uses.
2.
Permitted incidental uses such as integrated services necessary to support the facility.
3.
Site access.
4.
Maximum floor area for each permitted use and ancillary use.
5.
Performance standards.
6.
Height limitations.
7.
Minimum buffer yards.
8.
Minimum setbacks from streets, internal drive, front, side and rear yards, parking areas, loading spaces and structures.
9.
Minimum greenspace.
10.
Landscaping requirements.
11.
Off-street parking and loading.
12.
Signs.
13.
Lighting.
14.
Fences.
15.
Stormwater and erosion control, including a provision for special assessments for stormwater and erosion control.
16.
Minimum requirements for final site development.
17.
Other required on- and off-site improvements.
18.
Time limitations for commencement, and completion of construction, and phasing of development, if appropriate.
19.
Trust indenture, if under other than single ownership. (A trust indenture is required for approval of final site development plan only. A preliminary site development plan need not be accompanied by a trust indenture for approval.)
E.
The Planning and Zoning Commission shall review a revised preliminary site development plan reflecting the conditions that the Planning and Zoning Commission may recommend to the Board of Aldermen prior to submitting a proposed nursing home, assisted living or continuum of care facility to the Board of Aldermen with the recommendation of approval. Such a revised preliminary site development plan must be presented within six (6) months of the date the request therefor is made by the Planning and Zoning Commission, or the application shall be deemed withdrawn. The Planning and Zoning Commission may lengthen this six (6) month period.
F.
After the Planning and Zoning Commission has reviewed a preliminary site development plan, it shall submit its recommendations and report to the Board of Aldermen in accordance with Section 405.260 of this Zoning Code.
G.
At any time after the Planning and Zoning Commission has submitted its recommendations and report to the Board of Aldermen, the Board of Aldermen may require that the owner or its agent who has submitted an application for a nursing home, assisted living or continuum of care facility submit a revised preliminary site development plan reflecting any or all of the conditions that the Planning and Zoning Commission has recommended or the Board of Aldermen may impose in an ordinance authorizing the nursing home, assisted living or continuum of care facility. Such a revised preliminary site development plan must be presented within six (6) months of the date the request therefor is made by the Board of Aldermen, or the application shall be deemed withdrawn. This six (6) month period may be lengthened by the Board of Aldermen.
H.
The Board of Aldermen, after receiving the recommendations of the Planning and Zoning Commission, may approve the preliminary site development plan as recommended, may approve the plan based upon a modification of the conditions, or may disapprove the plan in accordance with provisions set forth in Section 405.260 herein, except that, unless expressly required by the Board, architectural review required by Section 405.260(5) need not occur simultaneously with consideration by the Board of the preliminary site development plan. Any ordinance approving a preliminary site development plan for a nursing home, assisted living or continuum care facility shall direct the applicant to prepare a final site development plan reflecting the regulations and conditions imposed by the Board.
I.
The Board of Aldermen shall make an architectural review of a proposed nursing home, assisted living or continuum of care facility. This review will be in accordance with the standards set forth in Section 405.260(5) and may be simultaneous with consideration by the Board of Aldermen of the preliminary site development plan, or at any time thereafter, but prior to the submission of a final site development plan. A conceptual architectural approval that includes building heights, materials and architectural styles will be part of the preliminary site development plan review process.
J.
A final site development plan must be presented to the Director of Planning within twelve (12) months of the date of the ordinance approving the preliminary site development plan. Upon application, the Board of Aldermen may, in its discretion, extend the twelve (12) month period to no more than thirty-six (36) months. Failure to submit a final site development plan which reflects compliance with the conditions contained in the ordinance approving the preliminary site development plan within the time prescribed herein shall be deemed a withdrawal of the application or site plan review.
K.
The final site development plan shall be reviewed by the Director of Planning to determine whether it complies with the ordinances approving the preliminary site development plan. Upon finding compliance, the Director of Planning shall note that finding and the date thereof upon the final site development plan. The developer shall record the final site development plan and the ordinance approving the preliminary site development plan with the St. Louis County Recorder of Deeds within sixty (60) days of the date that the finding is noted on the final site development plan, and furnish a copy of the recorded documents to the Director of Planning.
L.
Site improvement permits may be issued, at the discretion of and under conditions imposed by the Director of Planning, after approval of a preliminary site development plan for a particular nursing home, assisted living or continuum of care facility.
M.
No building permits shall be issued, and no structural construction shall commence, for existing or proposed nursing homes, assisted living or continuum of care facilities, until the final site development plan is approved by the Director of Planning and recorded in the office of St. Louis County Recorder of Deeds in compliance with this Zoning Code.
Section 405.1020 Permitted Uses.
[Ord. No. 2239 §3(17060), 8-10-1998; Ord. No. 2447 §6, 3-28-2000]
Section 405.1025 Conditional Uses.
[Ord. No. 2239 §3(17070), 8-10-1998; Ord. No. 2447 §9, 3-28-2000]
A.
The following uses are permitted as conditional uses in the NHALCCF District, if approved pursuant to the regulations of this Article concerning conditional uses and in accordance with the standards and procedures set forth elsewhere in this Article.
2.
Public utility facilities.
3.
Satellite earth stations equal to or greater than two (2) meters in diameter, as provided in Section 405.225 of this Chapter.
4.
Ground-mounted solar energy systems and roof-mounted solar energy systems that are mounted either on the front of the roof or on the side of the roof facing a street.
[Ord. No. 3759 §3, 8-26-2013]
Section 405.1030 Temporary Uses.
[Ord. No. 2239 §3(17080), 8-10-1998]
A.
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240.
The following temporary uses are permitted subject to the regulations and standards set forth below and further subject to the requirements specified in this Article.
1.
Contractor's office or temporary buildings related to construction provided that such buildings:
a.
Are necessary only to the construction project on the development as a temporary building, and do not contain sleeping or cooking accommodations;
b.
Are not located closer to a rear development property line that adjoins residentially zoned property in Town and Country than twenty-two percent (22%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet, or seventy-five (75) feet to any other exterior perimeter property line;
c.
Are not located on any part of existing woodlands in specific locations where natural buffering is necessary or required between the development and existing property owners; and
d.
Are removed upon completion of the construction project.
2.
Temporary nursing home, assisted living or continuum of care facility administrative office provided that such office:
a.
Serves a new nursing home, assisted living or continuum of care facility approved in accordance with the Town and Country Zoning Regulations, and does not contain sleeping or cooking accommodations;
b.
Is not located closer to a rear development property line that adjoins residentially zoned property in Town and Country than twenty-two percent (22%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet, or seventy-five (75) feet to any other exterior perimeter property line;
c.
Are not located on any part of existing woodlands in specific locations where natural buffering is necessary or required between the development and existing property owners; and
d.
Is removed upon completion of the construction project.
3.
Temporary parking and access roads related to construction provided:
a.
Such temporary parking is incidental to a construction project on the same development and is used solely to provide parking spaces displaced during the period of construction and/or parking needed for construction itself;
b.
Is not located closer to a rear development property line that adjoins residentially zoned property in Town and Country than twenty-two percent (22%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet, or seventy-five (75) feet to any other exterior perimeter property line;
c.
Are not located on any part of existing woodlands in specific locations where natural buffering is necessary or required between the development and existing property owners;
d.
Such temporary access drives may connect only to permanent drives. Curb cuts not approved in the preliminary site development plan through public right-of-way to a street are prohibited;
e.
Within a reasonable time not to exceed sixty (60) days after completion of permanent parking displaced during construction, use of temporary parking is to be terminated, except for parking needed for construction itself; and
f.
Within a reasonable time not to exceed ninety (90) days after completion of construction, temporary parking and access drives are to be removed.
4.
Public interest events such as outdoor concerts and auctions are permitted.
Section 405.1035 Specific Prohibitions.
[Ord. No. 2239 §3(17090), 8-10-1998]
A.
No resident or employee shall park or store or allow any person to park or store any commercial vehicle, recreational vehicle, trailer or mobile home in this district except in accordance with the following conditions:
1.
Any commercial vehicle, recreational vehicle, trailer or mobile home may be parked or stored, at any time, in an enclosed garage.
2.
A recreational vehicle, trailer or mobile home may be parked in a driveway for purposes of loading and unloading, but no such parking shall exceed two (2) days in a fourteen (14) day period.
3.
A commercial vehicle may be parked in this district only while services are being provided or goods are being picked up or delivered.
4.
Commercial vehicles owned, leased, utilized, or in the custody of the occupant of the property on which it is parked shall be in an enclosed garage.
5.
Commercial vehicles owned, leased, utilized or in the custody of the management of the nursing home, assisted living or continuum care facility shall not be serviced, stored or parked within two hundred (200) feet of the rear property line and shall be screened from view by any residential area to the rear of the development. Said vehicles may not be serviced or stored within one hundred fifty (150) feet of an adjoining corridor property which is in residential use, and may only be temporarily parked within one hundred fifty (150) feet of any such residential areas when picking up or returning residents.
Section 405.1040 Minimum Landscaping and Bufferyard Standards.
[Ord. No. 2239 §3(17100), 8-10-1998]
A.
Interpretation. The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for a particular nursing home, assisted living or continuum of care facility.
B.
Bufferyard Standards.
1.
The following bufferyard standards apply depending on the location of the site or use being made thereof. The letter designations contained in the tables below refer to the bufferyard requirements and standards contained in the Table of Bufferyard Standards set forth in Section 405.320 of this Chapter. The bufferyard dimensions shall be measured from the development property lines.
DISTRICT BOUNDARY BUFFERS Adjacent Zoning District | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
E | SE | SL | SM | CO | O | POP | C | ME | H | |
E | E | E | E | C | C | C | C | C | C | |
2.
The following bufferyards are required for a nursing home, assisted living or continuum of care facility uses along the street indicated:
Major Street | Minor Street | Local Street | |
|---|---|---|---|
D | C | C |
C.
Landscaping Standards For A Nursing Home, Assisted Living Or Continuum Of Care Facility. Each acre of non-wooded landscaped surface that exists on a development in those areas not designated as parking areas or bufferyards shall contain fifteen (15) plant units, as defined in Section 405.320. An additional requirement is that one (1) plant unit be planted per each one hundred (100) feet of building perimeter.
D.
Landscaping Standards For Parking Lots. For every twenty-four (24) parking spaces a parking lot shall contain three (3) plant units, as defined in Section 405.330, in landscaped areas aggregating nine hundred seventy-two (972) square feet. Adjoining entrance drives and circulation drives shall also contain three (3) plant units, as defined in Section 405.330, in landscaped areas aggregating nine hundred seventy-two (972) square feet for every eight thousand (8,000) square feet of drive or road area.
E.
Massing Of Plant Units. As long as the number of plant units required by this Article are provided, the Planning and Zoning Commission may recommend, and the Board of Aldermen may approve, alternative collection or massing of landscaping materials.
F.
Construction Of Berms. The City may require the construction of landscaped berms at specific locations where additional buffering is necessary between the development and adjoining property owners.
G.
Preservation Of Existing Woodlands. The City may require the preservation of existing woodlands as permanent open space in specific locations where additional natural buffering is necessary between the development and adjoining property owners.
Section 405.1045 Minimum Off-Street Parking and Loading Requirements.
[Ord. No. 2239 §3(17110), 8-10-1998]
A.
The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for a particular nursing home, assisted living or continuum of care facility.
B.
All drives and parking spaces shall be located behind the appropriate setback lines unless indicated otherwise in this Article, or unless otherwise approved in the site development plan. Resident parking spaces for the assisted and independent living units shall be in enclosed garages or under the building containing the units. The visitor parking may be surface parking.
C.
All uses shall provide parking spaces as indicated below:
Use | Number of Spaces Based on Maximum Capacity | |
|---|---|---|
Nursing home | 1 per 4 beds, plus 1 per each employee per largest shift | |
Assisted living facility | 1 resident space per assisted living unit, plus 1 per 4 assisted living units for visitors, plus 1 per each employee per largest shift | |
Continuum of care facility | 1 per 4 beds in the skilled nursing facility and the residential care facility, plus 1 resident space per assisted living and independent living unit, plus 1 per 4 assisted living and independent living units for visitors, plus 1 per each employee per largest shift |
D.
Off-Street Loading Standards. Any use with a gross floor area of six thousand (6,000) square feet or more must provide off-street loading facilities in accordance with the requirements specified below.
Gross Floor Area In Square Feet | Number of Spaces Required | |
|---|---|---|
6,000 — 60,000 | 1 | |
60,000 — 200,000 | 2 | |
Over 200,000 | 3 |
E.
Section 405.340 of this Chapter contains the applicable off-street parking and loading design standards. In addition, loading and trash pickup locations shall not be located within two hundred (200) feet of the development rear property lines or within one hundred fifty (150) feet of an adjoining corridor property which is in residential use, shall be screened from view from any residential area to the rear of the development or an adjoining corridor property which is in residential use by a masonry wall and landscaping, and hours of operation shall be established as a condition in the preliminary site development plan approval. Consideration shall be given to the noise created by loading dock operations and trash pickup locations and the City may approve only such sites that will not create a nuisance to adjoining property owners.
F.
Section 405.340 of this Chapter contains the applicable off-street parking and loading design standards. In addition, loading and trash pickup locations shall not be located within two hundred (200) feet of the development rear property lines, shall be screened from view from any residential area to the rear of the development by a masonry wall and landscaping, and hours of operation shall be established as a condition in the preliminary site development plan approval. Consideration shall be given to the noise created by loading dock operations and trash pickup locations and the City may approve only such sites that will not create a nuisance to adjoining property owners.
G.
Reductions in required off-street parking spaces may be permitted as a part of site development plan approval procedures, subject to procedure and standards in Section 405.340 of this Chapter.
H.
Parking lots and circulation drives shall be lighted in accordance with the Municipal Code lighting regulations in such a way as to not result in an adverse effect on adjoining residential property. Shoe box, or other similar type fixture that shields the lamps from direct view from adjoining residential areas shall be used so as to minimize the diffusion of light into residential areas.
Section 405.1050 Lot Area and Yard Requirements.
[Ord. No. 2239 §3(17120), 8-10-1998]
A.
The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for a particular nursing home, assisted living or continuum of care facility. The lot area, development limitation and yard requirements for land uses in this district shall be as follows:
1.
Minimum lot area. A nursing home, assisted living or continuum of care facility must be on a corridor location that contains at least five (5) acres within eight hundred fifty (850) feet of the highway corridor right-of-way.
2.
Green space requirement.
a.
The minimum total green space for an entire development including all contiguous properties owned by the applicant is sixty percent (60%).
b.
The green space for any portion of the development that is outside the eight hundred fifty (850) foot zoning line of the Nursing Home, Assisted Living, Continuum of Care Facility District is one hundred percent (100%).
c.
After a review by and a report from the Planning and Zoning Commission, the Board of Aldermen may consider a green space architecturally treated and landscaped outdoor trails, plazas, gardens and fountains that are designed to provide the residents of the nursing home, assisted living or continuum of care facility with the ability to experience the environment by walking with or without walkers or using wheelchairs.
3.
Maximum number of units per acre.
a.
The maximum number of units as defined in Section 405.080 is fifteen (15) units per acre for all property within the NHALCCF Zoning District or eight hundred fifty (850) feet of the corridor highway right-of-way line.
4.
Minimum setbacks. The minimum setbacks are as follows:
a.
Minimum setback for circulation drives, parking and a building from a street is thirty (30) feet.
b.
Minimum setback from corridor highways for circulation drives, parking and buildings shall be measured from the highway right-of-way line a distance of thirty (30) feet.
c.
Minimum setback for circulation drives and parking from a rear development property line that adjoins residentially zoned property in Town and Country shall be twenty-two percent (22%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet. Minimum setback for circulation drives and parking from any adjoining non-residential land use shall be thirty (30) feet.
d.
Minimum setback from a rear development property line that adjoins residentially zoned property in Town and Country for emergency access drives that are grated from normal traffic shall be eighteen percent (18%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet.
e.
Minimum setback for buildings from a rear development property line that adjoins residentially zoned property in Town and Country shall be twenty-two percent (22%) of the depth of the property in the Nursing Home, Assisted Living and Continuum of Care Facility District, with a minimum of seventy-five (75) feet.
f.
Minimum setback for buildings from any adjoining non-residential land use shall be fifty (50) feet.
g.
Minimum setback for circulation drives, parking and buildings from an adjoining corridor property which is in residential use shall be one hundred (100) feet.
Section 405.1055 Maximum Building Height and Minimum Floor Area Per Independent Living Unit.
[Ord. No. 2239 §3(17130), 8-10-1998]
A.
The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for a particular nursing home, assisted living or continuum of care facility.
B.
The maximum height for any building elevation that faces and is adjacent to residentially zoned property along a rear development property line in Town and Country or an adjoining corridor property which is in residential use shall be two (2) stories or forty (40) feet. The maximum height for any other building elevation shall be three (3) stories or fifty (50) feet. Basement areas that are used only for parking, storage or mechanical equipment where only the parking entrance and exit is exposed to exterior view shall not be considered a story and not included in the height calculation. If unique site conditions exist, after a review by and a report from the Planning and Zoning Commission, the Board of Aldermen may approve a building elevation with a four (4) story or sixty (60) feet exposed view to the corridor highway or other corridor property.
C.
The minimum floor area per bed in the skilled care and residential care facilities shall be as prescribed by State license Statutes. The minimum floor area of the assisted living units shall be seven hundred fifty (750) square feet. The minimum floor area of the independent living units shall be nine hundred (900) square feet.
Section 405.1060 Natural Resource Protection Standards.
[Ord. No. 2239 §3(17140), 8-10-1998]
The natural resource protection standards set forth in Section 405.335 herein shall apply to nursing homes, assisted living and continuum of care facilities.
Section 405.1065 Sign Regulations.
[Ord. No. 2239 §3(17150), 8-10-1998]
Specific sign regulations shall be established in the conditions of the ordinances governing particular nursing home, assisted living or continuum of care facilities in accordance with the provisions of Chapter 420 of this Title.
Section 405.1070 Security.
[Ord. No. 2239 §3(17160), 8-10-1998]
A.
After review by and a report from the Planning and Zoning Commission, the Board of Aldermen may approve a fence, wall and/or gate proposed by the application that would otherwise be prohibited by Section 405.150 herein, upon finding that such a fence, wall and/or gate:
1.
Would adequately provide for access by Police, fire and emergency vehicles;
2.
Would buffer the site from a highway or adjoining office, commercial or other residential uses;
3.
Would be visually compatible with the development character of the site and the adjacent area;
4.
Would not be detrimental to any adjoining uses, particularly residential uses; and
5.
Would not be a chain link fence.
B.
Any gates controlling vehicular access to the facility that are permitted shall provide that:
1.
The gate mechanism permits immediate access to emergency vehicles.
2.
The gates controlling vehicular access to the facility are located no closer than twenty-five (25) feet from the pavement of the adjacent right-of-way so that waiting vehicles do not impede traffic flow.
3.
The applicant(s) file an agreement as approved by the City Attorney to indemnify, defend and hold the City harmless from any claims of liability resulting from the placement of any gate controlling vehicular access.
Section 405.1075 Guaranty of Improvements.
[Ord. No. 2239 §3(17170), 8-10-1998]
A.
Unless otherwise provided for in the conditions of the ordinances approving a particular nursing home, assisted living or continuum of care facility, no building permits, or permits authorizing the occupancy or use of any building or facility shall be issued until the required on-site and related off-site improvements are constructed, or a performance bond, escrow, or other acceptable security approved as to form by the City Attorney and in all other respects by the Director of Planning is posted guaranteeing the construction of required related on-site or off-site improvements.
B.
Temporary building permits or other authorizations may be issued by the Director of Planning to permit the completion of required on-site or related off-site improvements pursuant to this Section.
C.
Required related off-site improvements may include, but are not limited to, streets, sidewalks, sanitary and storm sewers, streetlights, and street trees. If a nursing home, assisted living or continuum of care facility is developed in phases, this requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question, even though such improvements may be located outside the area of such place.
D.
Unless otherwise specifically provided herein, the provisions of the City's subdivision regulations respecting the installation or guaranty of subdivision improvements and the inspections thereof, together with the permits and fees required thereof, shall be applicable to the installation or guaranty of improvements under this Section.
Section 405.1080 Trust Indenture Requirements.
[Ord. No. 2239 §3(17180), 8-10-1998]
A.
Whenever an applicant files an application for a nursing home, assisted living or continuum of care facility and the development is subdivided into two (2) or more lots, or units are under individual ownership, the applicant shall submit a proposed trust indenture as to all of the land within the development for approval by the Director of Planning. A nursing home, assisted living or a continuum of care facility under single ownership does not require a trust indenture. The Board of Aldermen shall not approve a final site development plan without an approved trust indenture. All trust indentures and amendments thereto must be approved by the City of Town and Country and recorded in the office of the Recorder of Deeds in St. Louis County, Missouri.
B.
Trust indentures are private agreements among the owners of property within a nursing home, assisted living or continuum of care facility to ensure proper use, development, and improvement consistent with the City ordinances, in particular, the ordinances for a particular Nursing Home, Assisted Living or Continuum of Care Facility District. The City is not responsible for the enforcement of the covenants, conditions or restrictions in said trust indentures. The covenants, conditions and restrictions set forth in the trust indenture are to run with the land, binding assigns and successors in interest.
C.
Trust indentures for a Nursing Home, Assisted Living or Continuum of Care Facility District shall provide for:
1.
Property. A trust indenture shall include a legal description of the property subject to it.
2.
Common ground. A trust indenture shall provide for property for the common use and enjoyment of the owners and/or lessees of units within a Nursing Home, Assisted Living or Continuum of Care Facility District, including but not limited to, exiting woodlands, parks, lakes, median strips, lighting, streets, pedestrian ways, sidewalks, entrance ways, drainage ways, stormwater control easements and all above and below ground facilities used in connection with those easements and landscaping.
3.
Board of Trustees.
a.
Election. A trust indenture shall provide for election of the Board of Trustees consisting of at least three (3) members elected from among the owners and lessees of units or duly authorized representatives of owners and lessees of units within a nursing home, assisted living or continuum of care facility. The process for election of trustees by owners and lessees of units within a nursing home, assisted living or continuum of care facility shall be defined in the trust indenture. Each trustee shall serve an initial term of not less than one (1) nor more than three (3) years. If authorized by trust indenture, trustees may serve successive terms.
b.
Powers. The Board of Trustees shall be charged with the duty under this Article and under such trust indenture to maintain all streets, common areas and any other areas or structures for the common use of the tenants or owners of property. The Board of Trustees is to ensure that the above described areas and structures shall be maintained in compliance with the ordinances of the City of Town and Country and in such manner that such areas and structures will remain attractive and useful to the owners and tenants of the property within such site and shall not be injurious to the health, safety and welfare of residents of surrounding areas or be detrimental to property values of land and improvements within the site or in surrounding areas. The Board of Trustees shall have the right, power, and responsibility to enforce the provisions of the trustee indenture and the ordinances pertaining to that nursing home, assisted living or continuum of care facility. Action by the Board of Trustees shall be made by majority vote. The Board of Trustees shall have the power to authorize assessments. The developer may not assess unit owners for items that are within their required initial installation of the nursing home, assisted living or continuum of care facility. No authority or power conferred on the trustees by the trust indenture to comply with the provisions of this Article may be abrogated.
c.
Interim trustees. If a trustee ceases to be an owner of a unit or duly authorized representative of an owner of a unit in the nursing home, assisted living or continuum of care facility, resigns, or becomes otherwise unavailable to act as a trustee, the owners shall elect an interim trustee to serve for the remainder of that trustee's term within thirty (30) days. If the owners fail to elect an interim trustee within thirty (30) days, the remaining trustees shall appoint an interim trustee to serve the trustee's term.
4.
Special assessment for stormwater control easements. In addition to the annual assessments authorized for the above purposes, the trustees shall make an annual special assessment in a sum prescribed by the ordinances for particular nursing home, assisted living or continuum of care facility for the purpose of repairing, operating, maintaining and establishing appropriate reserves for repairing, operating and maintaining the stormwater control easements, including all underground and above ground facilities, pipes and detention facilities used in connection therewith, and access easements to such stormwater control easements, (herein all referred to as ("stormwater control easements"). The assessment shall be levied until the earlier of the collection of a sum prescribed by the enabling ordinances for particular nursing home, assisted living or continuum of care facility or the acceptance by the Metropolitan St. Louis Sewer District of the stormwater control easement for the maintenance of stormwater improvements located herein.
D.
Approval Of Trust Indenture. Such indenture, if approved by the Director of Planning upon advice from the City Attorney, shall be recorded with the Recorder of Deeds of St. Louis County, prior to the issuance of any building permit. The indenture shall contain a provision that no change shall be made in the terms of the trust indenture without the approval of the Board of Aldermen.