University City City Zoning Code
ARTICLE V
Supplementary Regulations
Section 400.990 Intent and Purpose.
[R.O. 2011 §34-50; Ord. No. 6139 §1(Exh. A (part)), 1997]
These regulations supplement and qualify the district regulations contained elsewhere in this Chapter. Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter.
Section 400.1000 Number of Principal Buildings On A Zoning Lot.
[R.O. 2011 §34-51; Ord. No. 6139 §1(Exh. A (part)), 1997]
Except for detached single-family and two-family dwellings, more than one (1) principal building may be located on the same zoning lot provided that density and dimensional requirements of this Chapter shall be met for each principal building as though they were on individual lots.
Section 400.1010 Conformity With Dimensional and Off-Street Parking Regulations.
[R.O. 2011 §34-52; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The maintenance of yards, other open space and minimum lot area required for a structure shall be a continuing obligation of the owner of such property on which it is located as long as the structure is in existence.
B.
No required yards, other open space or minimum lot area allocated to any structure, shall be used to satisfy required yards, other open spaces or minimum lot area requirements for any other structure.
C.
There shall be no obstructions permitted in required yards except as hereinafter set forth.
Section 400.1020 Lot Area and Width Exceptions.
[R.O. 2011 §34-53; Ord. No. 6471 §1, 2003; Ord. No. 7095, 1-28-2019]
A.
Within the "SR" and "LR" districts, the minimum lot area and/or lot width for detached single-family and two-family (duplex) dwellings in subdivisions platted prior to the City of University City's first Zoning Code in 1926 shall be the prevailing pattern the subdivision in which the lot is located as specified in Table 1.
B.
For lots within "SR" and "LR" Districts that are not within subdivisions platted prior to 1926, a redaction in the minimum lot width for detached single-family and two-family (duplex) dwellings shall be granted by the Zoning Administrator if the lot area and/or width are consistent with the prevailing pattern of the subdivision. In determining the prevailing pattern, the lot area and/or width of at least ten (10) of the closest lots shall be considered or, if there are fewer than ten (10) lots, the prevailing pattern of the lots on the block frontage shall be considered.
C.
Table I. Subdivisions and their prevailing pattern dimensions for lots in subdivisions platted prior to the City's first Zoning Code in 1926.
Table 1 | |||
|---|---|---|---|
Subdivision | Minimum Area (SF) | Minimum Width (feet) | |
Alta Dena | 4600 | 45 | |
Ames Place | 5600 | 50 | |
Balson's at Olive | 3700 | 30 | |
Balson's at Shaftesbury Heights | 5100 | 50 | |
Bellemoor Park | 4200 | 40 | |
Darstdale No. 3 | 3200 | 40 | |
De Soto Place | 3200 | 30 | |
Delmar Garden | 3500 | 40 | |
Eastover | 4600 | 30 | |
Forsyth Place | 4900 | 50 | |
Gannondale | 5100 | 50 | |
Garden Heights | 4700 | 50 | |
Hefner Place | 5000 | 50 | |
Harris Place | 3000 | 45 | |
Jackson Park | 5200 | 50 | |
Kingsland Place | 3600 | 40 | |
Meridian | 5700 | 50 | |
Mount Olive | 4400 | 35 | |
Musick | 5600 | 50 | |
New Delmar | 5500 | 50 | |
North Parkview | 4000 | 40 | |
Northmoor | 5000 | 40 | |
Olivania Park | 4000 | 40 | |
Olive Heights | 3000 | 30 | |
Olive Street | 3700 | 40 | |
Partridge Heights | 5100 | 50 | |
Pearl Heights | 4000 | 40 | |
Pershing Heights | 4200 | 40 | |
Rathert Heights | 3200 | 30 | |
Richardson Washington Park | 3900 | 50 | |
Roth Grove | 4000 | 45 | |
Sadler Place | 5000 | 40 | |
Spring Avenue | 5300 | 50 | |
Sutter Estates | 4300 | 45 | |
Sutter Heights | 3400 | 30 | |
University Park: | |||
Amherst Blocks 7000-7300 | 4000 | 40 | |
Tulane and Dartmouth Blocks 7000-7100 | 4000 | 40 | |
Parcels north of and not including 728 Pennsylvania | 4000 | 40 | |
University Park No. 2 | 3800 | 40 | |
University Terrace | 4300 | 40 | |
Vernon Place | 3400 | 30 | |
West Chamberlain Park | 2900 | 25 | |
West Delmar | 5500 | 50 | |
West Lawn | 4000 | 30 | |
West Portland | 5100 | 40 | |
West University No. 3 | 4500 | 40 | |
Section 400.1030 Height Exceptions.
[R.O. 2011 §34-54; Ord. No. 6139 §1(Exh. A (part)), 1997]
Chimneys, cooling towers, elevator equipment enclosures, monuments, tanks, water towers, ornamental towers and spires, church steeples, radio, television, cellular or microwave towers, or necessary mechanical appurtenances usually required to be placed above the roof level are not subject to the height limitations contained in the district regulations, except as provided for in Division 10 with respect to amateur radio antennas and towers and parabolic reflector antennas.
Section 400.1040 General Setback Exceptions.
[R.O. 2011 §34-55.1; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6401 §1(part), 2002; Ord. No. 6741 §1, 2008]
A.
Every part of a yard between the property lines and the required building setback line shall be unoccupied and unobstructed by any structure or portion of a structure from ground level of the graded lot upward, except for:
1.
All yards.
a.
Hedges, flagpoles and other customary yard accessories, ornaments and furniture are permitted in any yard subject to location and size limitations, height limitations and requirements limiting obstruction of visibility contained in this Chapter (see Section 400.1410) or other provisions of the University City Municipal Code.
b.
Steps, ramps, or wheelchair lifts, four (4) feet or less above grade, which are necessary for access to a permitted building or structure, or for access to a zoning lot from a street or alley. Guardrails, not exceeding forty-two (42) inches above the walking surface, are permitted as well.
c.
Awnings and canopies, projecting three (3) feet or less into the required yard setback, except as provided for in Subsection (2)(c) of this Section.
d.
Ordinary projections of chimneys or other vent pipes that are suitably concealed, projecting eighteen (18) inches or less into the required yard setback.
e.
Fences, subject to the requirements of Division 7, "Fence Regulations".
2.
Front yards.
a.
Terraces three (3) feet or less above grade, provided such terraces shall not extend into the required front yard setback by more than ten (10) feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to forty-two (42) inches above the surface of such terraces.
b.
One-story bay windows projecting three (3) feet or less into the required front yard setback.
c.
Awnings, canopies and marquees in the "CC" district shall be permitted to project into the street right-of-way, subject to the requirements and limitations of the Building Code.
d.
Overhanging eaves and gutters projecting four (4) feet or less into the required front yard setback.
3.
Rear yards.
a.
Terraces, porches or decks, provided such structures are located at least five (5) feet from any property line and any part of such structures that is seven (7) feet or more above grade shall not extend into the required rear yard by more than ten (10) feet. Terraces that are three (3) feet or less above grade including guardrails not exceeding forty-two (42) inches above the walking surface shall be permitted.
b.
Accessory buildings, detached from the principal building, and located more than ten (10) feet from the principal building.
c.
Antennas and satellite dishes.
d.
Enclosed vestibule or breezeway containing not more than forty (40) square feet and projecting not more than six (6) feet into the required rear yard setback.
e.
One-story bay windows projecting three (3) feet or less into the required rear yard setback.
f.
Overhanging eaves and gutters projecting four (4) feet or less into the required rear yard setback.
g.
Children's recreational equipment.
h.
Laundry drying lines.
i.
Air-conditioning equipment.
j.
Off-Street parking areas and access drives (See Article VII, Division 2 for limitations on the location for such areas).
k.
Traffic control devices, pad-mounted transformers, service pedestals, splice boxes and similar appurtenances required for underground utility and cable systems.
l.
Decks less than eighteen (18) inches in height.
4.
Side yards.
a.
Terraces, three (3) feet or less above grade provided that such terraces shall not be located within two (2) feet of the side lot line. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to forty-two (42) inches above the surface of such terraces.
b.
Overhanging eaves and gutters projecting into the required side yard setback for a distance not to exceed twenty-four (24) inches.
c.
Air-conditioning equipment located not less than one (1) foot from the side lot line.
d.
Off-Street parking areas and access drives (See Article VII, Division 2 for limitations on the location for such areas).
e.
Traffic control devices, pad-mounted transformers, service pedestals, splice boxes and similar appurtenances required for underground utility and cable systems.
f.
Decks less than eighteen (18) inches in height.
Section 400.1050 Side Yard Setback Exception For Detached Single-Family Dwellings.
[R.O. 2011 §34-55.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Within the "SR" and "LR" districts, a reduction in the minimum side yard setback for detached single-family dwellings may be granted by the Zoning Administrator if the side yard widths are consistent with the prevailing pattern of the subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the side yards of at least ten (10) of the closest lots shall be considered or, if there are fewer than ten (10) lots, the prevailing pattern of side yards on the block frontage shall be considered. In no case shall an exception be granted which eliminates all off-street parking back of the required front building setback line and which does not meet the following minimum standards:
Section 400.1060 Setbacks Established By Recorded Subdivision Plat.
[R.O. 2011 §34-55.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
Where a recorded subdivision plat establishes a building setback line that is greater than that required by the applicable district regulations, the recorded subdivision setback requirement shall be the minimum setback. In no event shall the setback be less than the minimum established for the zoning district.
Section 400.1070 Front Yard Setbacks For Corner Lots of Record.
[R.O. 2011 §34-55.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
Where a lot of record is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the corner lot. However, in situations where the front face of an existing principal building is oriented to the narrower of the two (2) front lot lines, the required front yard building setback from the longer of the two (2) front lot lines may be reduced to a distance of fifteen (15) feet, or the established setback in the applicable recorded subdivision plat, whichever is greater.
Section 400.1080 Permitted Accessory Uses, Buildings and Structures.
[R.O. 2011 §34-56.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
A permitted accessory use is any use or structure which complies with the definition of "accessory use" contained in Article II "Definitions", including, but not limited to, the following typical uses:
1.
Garages or carports;
2.
A structure for storage or a greenhouse, subject to size limitations when accessory to a single-family or two-family dwelling (see Section 400.1040 of this Article);
3.
Antennas and satellite dishes;
4.
A child's playhouse;
5.
Private recreation facilities including outdoor swimming pools and hot tubs, or tennis courts;
6.
Statuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, fences, walls and hedges.
Section 400.1090 Dimensional Regulations.
[R.O. 2011 §34-56.2; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6401 §1(part), 2002]
A.
In addition to other dimensional regulations established elsewhere in this Article, the following dimensional standards shall apply to accessory uses, buildings and structures:
1.
Garages or carports shall not exceed the height of the dwelling or fifteen (15) feet, whichever is less, and shall comply with the required principal building setbacks, except that a garage or carport may be located from the rear lot line by a distance of not less than five (5) feet. Garages located within the rear yard setback shall be used only for the storage of vehicles and household items and shall not be converted into living quarters or any other non-garage uses such as studios or offices.
2.
Parking structures, whether attached to or detached from the principal building, shall comply with the setback requirements for said principal building.
3.
Accessory structures and uses shall be set back at least five (5) feet from the rear lot line.
4.
Accessory structures and uses shall maintain the same front and side yard setbacks as are required for the principal structure located on the zoning lot, except that off-street parking areas, fences, walls, uncovered terraces, and hedges may be located in required front or side yards, subject to the limitations contained in Division 10 of this Article.
5.
A structure for storage or a greenhouse, that is accessory to a single-family or two-family residential building, shall not exceed two hundred fifty (250) square feet in gross floor area and twelve (12) feet in height.
6.
On single-family detached or attached, and two-family dwelling lots, accessory structures may be built in the required rear yard, but not less than five (5) feet from the rear lot line. At least eight hundred (800) square feet of the required rear yard shall remain as private open space, unoccupied by such accessory structures.
7.
Private recreation facilities, including outdoor swimming pools and hot tubs, or tennis courts, shall be set back at least five (5) feet from any lot line and screened from adjacent residential property with a fence or dense planting (see Division 7 for fence regulations).
8.
An accessory building, that is detached from the principal building, shall not be located closer to the front lot line than the distance the principal building is located from the front lot line and in no instance shall an accessory building be located within a required front yard setback.
9.
An attached private garage or carport shall comply with the required front yard building setback specified in the applicable district regulations, but not project beyond the face of the principal building by more than fifteen (15) feet. For purposes of this Subsection, the front face of the principal building shall be the exterior wall facing the front yard that has the longest horizontal dimension.
10.
Accessory structures and uses shall otherwise comply with the dimensional regulations applicable to the district in which they are located.
Section 400.1100 Other Use Limitations.
[R.O. 2011 §34-56.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
B.
Accessory uses customarily incidental to residential uses, such as the use of a lot or portion thereof for a vegetable or flower garden and the keeping of domesticated animals, are permitted, but not on a commercial basis or that creates a recurrent nuisance to adjacent or nearby residents.
Section 400.1110 General.
[R.O. 2011 §34-57; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 7041 § 2, 6-12-2017]
The following standards are intended to provide for adequate daylight, open space, and privacy for occupants of town-house, attached single-family, garden-type, and elevator-type dwellings. Deviation from the strict application of these standards shall only be permitted for developments approved under the provisions of a "planned development" (see Division 11, Article IV of this Chapter).
Section 400.1120 Town-House Dwellings.
[R.O. 2011 §34-57.1; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6990 § 1, 5-26-2015; Ord. No. 7041 § 2, 6-12-2017[1]]
A.
Development Location. Within the "LR" district, town-house dwelling developments shall be located on a "major street," as specified in the motor vehicle and traffic regulations of the University City Municipal Code (Title III). At least thirty percent (30%) of the development's boundary shall be coterminous with the right-of-way of the major street.
B.
Vehicle Access.
1.
Eight (8) Or Fewer Dwelling Units. Access may be provided directly to the individual dwelling units from a public street right-of-way, except as prohibited in Subsection (B)(3) of this Section.
2.
Nine (9) Or More Dwelling Units. Access to the individual dwelling units shall be provided by internal access drives (public or private). The internal access drive(s) shall intersect with a major or secondary street, but not closer than one hundred fifty (150) feet to an existing street intersection (measured from the centerline of the existing street intersection to the centerline of the access drive).
3.
Access To Big Bend Boulevard, Delmar Boulevard, Hanley Road, And Olive Boulevard Limited. There shall be no direct access to/from individual town-house dwellings and these major streets. Only an internal access drive serving the development shall be permitted to intersect with these major streets.
C.
Density And Dimensional Regulations — When All Units Are On Same Lot.
1.
Minimum Lot Area.
b.
Minimum lot depth. One hundred (100) feet.
c.
Minimum lot width. Seventy (70) feet.
d.
Minimum unit width. Fifteen (15) feet.
e.
Minimum/maximum unit groupings. Three/eight (3/8).
f.
Minimum building setbacks.
(1)
From street right-of-way. Twenty (20) feet.
(2)
From rear property line. Twenty (20) feet.
(3)
From private drives or parking areas. Ten (10) feet.
(4)
Adjacent to "SR" zoned property. Twenty-five (25) feet.
(5)
Adjacent to "LR" zoned property. Twenty (20) feet.
(6)
Adjacent to property in the same zoning district. Five (5) feet.
(7)
Adjacent to all other properties. Ten (10) feet.
g.
Minimum distance between buildings. All buildings within the development shall be separated by a distance of not less than fifteen (15) feet.
D.
Density And Dimensional Regulations — When Each Unit Is On Its Own Individual Lot.
1.
Minimum Lot Area. Two thousand (2,000) square feet.
2.
Minimum Lot Width. Twenty (20) feet.
3.
Minimum Lot Depth. Eighty (80) feet.
4.
The same setbacks as specified in Subsection (C) above shall apply. A side yard setback of zero (0) feet shall be allowed along property lines where units are attached.
5.
Minimum Distance Between Buildings. All buildings within the development shall be separated by a distance of not less than fifteen (15) feet.
[1]
Editor’s Note: Ord. No. 7041 also changed the title of this Section from “Town House Apartments” to “Town-House Dwellings.”
Section 400.1125 Attached Single-Family Dwellings.
Section 400.1130 Garden Apartment Buildings.
[R.O. 2011 §34-57.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Development Location. Within the "LR" districts, garden apartment developments shall be located on a "major street", as specified in the motor vehicle and traffic regulations of the University City Municipal Code (Title III). At least thirty percent (30%) of the development's boundary shall be coterminous with the right-of-way of the major street.
B.
Vehicle Access. Access to a garden apartment development shall be provided by internal access drives (public or private) intersecting with a major or secondary street, but not closer than one hundred fifty (150) feet to an existing street intersection (measured from the centerline of the existing street intersection to the centerline of the access drive).
C.
Density And Dimensional Regulations.
[Ord. No. 6990 §1, 5-26-2015]
2.
Minimum lot depth. One hundred (100) feet.
5.
Maximum number of dwelling units per building. Twelve (12).
6.
Minimum building setbacks (including accessory structures).
a.
From street right-of-way. Twenty (20) feet.
b.
From rear property line. Twenty (20) feet.
c.
From private drives or parking areas. Ten (10) feet.
d.
Adjacent to "SR" zoned property. Twenty-five (25) feet.
e.
Adjacent to "LR" zoned property. Twenty-five (25) feet.
f.
Adjacent to property line of adjacent lot in the same zoning district. Five (5) feet.
g.
Adjacent to all other properties. Ten (10) feet.
7.
Minimum distance between buildings. All buildings within the development shall be separated by a distance of not less than fifteen (15) feet.
Section 400.1140 Elevator Apartment Buildings.
[R.O. 2011 §34-57.3; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6167 §1, 1998; Ord. No. 6990 §1, 5-26-2015; Ord. No. 7341, 10-23-2023]
A.
Development Location. Elevator apartment developments shall not be completely surrounded by single-family residential neighborhoods. At least ten percent (10%) of the development's boundary shall be adjacent to a major street, a commercial zoning district or a multi-family zoning district.
B.
Vehicle Access. Access to an elevator apartment development shall be provided by internal access drives (public or private) intersecting with a major street, but not closer than one hundred fifty (150) feet to an existing street intersection (measured from the centerline of the existing street intersection to the centerline of the access drive).
C.
Density And Dimensional Regulations.
1.
Minimum lot area.
a.
Per development. Twenty thousand (20,000) square feet.
b.
Average per dwelling unit. Five hundred (500) square feet.
Exception: This minimum shall not apply to the reuse of an existing elevator apartment building in the "CC" Core Commercial District; provided, the building does not exceed four (4) stories in height, all dwelling units are above the ground floor and there is no increase in the total building area used for dwelling units.
2.
Minimum lot width and depth. One hundred twenty (120) feet.
3.
4.
Minimum distance between buildings. No elevator apartment building shall be located closer than seventy-five (75) feet from any other building containing a dwelling unit and located on the same lot.
Section 400.1150 Common Open Space Requirements For Residential Developments.
[R.O. 2011 §34-57.4; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6167 §2, 1998; Ord. No. 6514 §1(part, 8-26-1985), 2004]
A.
When common open space is required in the district regulations, such common open space shall comprise at least fifteen percent (15%) of the gross area of the residential development. This standard may be decreased to as low as five percent (5%) for developments in the "HR" High Density Residential or "HRO" High Density Residential/Office District under conditional use permit review per Article XI of the Zoning Code.
B.
The amount of required common open space may be reduced by an amount equal to twice the total area of private balconies or patios. The balconies or patios shall be accessible to individual dwelling units and consist of at least sixty (60) square feet of outdoor area and have at least a horizontal dimension of six (6) or more feet. In no case shall the area devoted to common open space be less than five percent (5%) of the gross lot area.
C.
Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development.
D.
In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location and physical improvements therein.
1.
Of the required common open space, up to one-half (½) of it may be covered by water, floodplain, storm water detention/retention facilities or left in a natural state.
2.
The area of each parcel of open space shall not be less than three thousand (3,000) square feet in area nor less than thirty (30) feet in its smallest dimension, these standards may be decreased in the "HR" High Density Residential, "HRO" High Density Residential/Office District, or the "PD" Planned Development District under conditional use permit review per Article XI of the Zoning Code.
3.
To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be isolated in one (1) corner of a development, but shall be highly accessible (physically and/or visually) to the residents of the development. These standards may be waived in the "HR" High Density Residential or "HRO" High Density Residential/Office District under conditional use permit review per Article XI of the Zoning Code.
E.
Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture as required in Sections 405.360 and 405.370, University City Municipal Code.
Section 400.1160 Conversion or Change in Use of Single-Family Dwellings.
[R.O. 2011 §34-58; Ord. No. 6139 §1(Exh. A (part)), 1997]
In any district where an existing single-family dwelling is a non-conforming use, said single-family dwelling shall not be converted or changed to a permitted use without first obtaining a conditional use permit as provided in Article XI of this Chapter.
Section 400.1165 Changing Number of Dwelling Units.
[R.O. 2011 §34-59.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
It is unlawful for any person to alter, or cause to be altered, any existing structure or portion thereof to change the number of dwelling units on any parcel of land without first obtaining a building permit specifically approving the change in number of dwelling units on the parcel.
Section 400.1170 Occupancy By More Than One Family.
[R.O. 2011 §34-59.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
No dwelling unit shall be occupied by more than one (1) family, plus not more than two (2) other persons, all living together in the dwelling unit as a single housekeeping unit.
Section 400.1180 Planting Specifications.
[R.O. 2011 §34-60.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
General.
1.
Landscaping required by this Chapter shall mean living plants in a combination of trees, shrubs, and/or ground cover.
2.
Unless otherwise stated in this Chapter, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at twelve (12) inches above the ground level.
B.
Planting Types.
1.
Canopy trees. A self-supporting woody, deciduous plant having not less than a two and one-half (2½) inch caliper and reaches a mature height of not less than twenty (20) feet and a mature spread of not less than fifteen (15) feet.
2.
Ornamental trees. A self-supporting woody, deciduous plant having not less than a one and one-half (1½) inch caliper and normally attains a mature height of at least fifteen (15) feet and usually has one (1) main stem or trunk and many branches. Several species may appear to have several stems or trunks.
3.
Evergreen trees. A tree having foliage that persists and remains green throughout the year and having a height of not less than six (6) feet and maturing to a height of not less than twenty (20) feet.
4.
Shrub. A self-supporting woody, perennial plant (deciduous or evergreen) of low to medium height characterized by multiple stems and branches continuous from its base and having a height of not less than two (2) feet and normally maturing to a height of not more than ten (10) feet.
5.
Ground cover. Plants, other than turf grass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.
Section 400.1190 Screening Between Non-Residential and Residential Zoning Districts.
[R.O. 2011 §34-60.2; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 7003 §1, 12-14-2015]
A.
In situations where a non-residential use is established abutting or adjacent to residentially zoned property, the developer of the non-residential use shall provide the following screening within the required rear and/or side yard building setback areas:
1.
Within this setback, there shall be a landscaped buffer area not less than ten (10) feet in width planted with one (1) evergreen tree for every twenty (20) lineal feet of common property line. In addition, combinations of canopy trees, ornamental trees and shrubs shall be provided as approved by the Zoning Administrator, provided that such landscaping will effectively screen the non-residential uses from the view of the abutting residential zoned properties.
2.
In addition, there shall be placed at the property line a neat, clean and maintained sight-proof fence or wall having a minimum height of six (6) feet but not more than eight (8) feet. Where a loading area or access drive thereto is within thirty-five (35) feet of residentially zoned property, the fence shall be eight (8) feet in height.
Exception. The above requirements shall not apply to development within the "CC" District. |
B.
In situations where a residential subdivision (more than three (3) lots) or other multiple dwelling unit development is constructed on a site that is abutting or adjacent to commercial or an "IC" zoned lot, the developer of the residential subdivision or development shall provide the following increase in setbacks and screening:
[Ord. No. 7345, 1-8-2024]
1.
The minimum setback for the principal residential buildings shall be increased by ten (10) feet along the common property line separating the residential and commercial or "IC" Zoning District. A permanent buffer strip of a minimum of ten (10) feet shall be established adjacent to and parallel to said common property line(s). This strip shall be indicated on the approved subdivision plat and/or development plan and annotated with the following statement: "This strip is reserved for landscape screening. The placement of buildings or other structures hereon is prohibited."
2.
Within this buffer strip, there shall be a landscaped area planted with one (1) evergreen tree for every twenty (20) lineal feet of common property line. In addition, combinations of canopy trees, ornamental trees and shrubs shall be provided as approved by the Zoning Administrator, provided that such landscaping will effectively screen the non-residential uses from the view of the abutting residential zoned properties.
3.
In addition, there shall be placed at the property line a neat, clean and maintained sight-proof fence or wall having a minimum height of six (6) feet, but not more than eight (8) feet.
The setbacks and screening in this Subsection may be reduced or not required under the planned development procedure in Article IV, Division 11 of this Chapter provided the development is on Delmar Boulevard between Kingsland Avenue and the eastern municipal limits, the broadly described boundaries of the University City Loop special business district established in Section 120.900. |
C.
In situations where a multi-family residential use, including a townhouse apartment, garden apartment, or elevator apartment development, is established abutting or adjacent to a property in the "SR" or "LR" Zoning District, the developer of the multifamily residential use shall provide the following screening within the required rear and/or side yard building setback areas:
1.
Within this setback, there shall be a landscaped buffer area of not less ten (10) feet in width planted with one (1) evergreen tree for every twenty (20) lineal feet of common property line. In addition, combinations of canopy trees, ornamental trees, and shrubs shall be provided as approved by the Zoning Administrator, provided that such landscaping will effectively screen the multi-family residential uses from the view of the abutting "SR" or "LR" zoned property.
2.
In situations where the requirements set forth in Subsection (c)(1) do not effectively screen the multi-family residential uses from the adjacent residential properties, there shall be placed at the property line a neat, clean and maintained sight-proof fence or wall having a height of six (6) feet as otherwise approved by the Zoning Administrator.
Section 400.1200 Screening of Building Mechanical or Electrical Equipment.
[R.O. 2011 §34-60.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Major mechanical and electrical systems should be located within the building envelope, if possible. In situations where this is not possible, the following screening standards shall apply to all building mechanical and electrical equipment located outdoors.
Exception. Air-conditioning units associated with individual residential dwellings.
1.
Ground-mounted equipment. Exterior equipment may be located at ground level, or depressed below ground level, so that the maximum height does not exceed eight (8) feet. The equipment shall not be visible between the ground level and six (6) feet above ground level of any street adjoining the property or from adjacent properties. Screening may be achieved with a wall that is consistent with and/or complementary to the exterior material of the principal building or with dense landscaping. In no case shall ground-mounted building equipment be located between the principal building and a public right-of-way or private street.
2.
Roof-mounted equipment. All rooftop building service equipment shall not be visible between the ground level and six (6) feet above ground level of any street adjoining the property or from adjacent properties. All mechanical equipment shall be screened by an integral element of the architectural design of the building or a separate permanently installed screen which harmonizes with the building in terms of material, color, size and shape. Rooftop equipment shall be permitted, without screening, if it is of a low profile design and in a location on the roof which is not visible between the ground level and six (6) feet above ground level of any street adjoining the property or from adjacent properties.
Section 400.1210 Screening of Rubbish, Garbage and Dumpster Containers.
[R.O. 2011 §34-60.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
For all non-residential developments, outside storage of rubbish and garbage shall be in suitable, covered containers and shall be located so that such containers cannot be seen from adjacent streets or properties. Where such containers cannot be so located, the containers shall be screened from view from all four (4) sides with a masonry fence (brick, stone, or textured and pigmented concrete, with an opaque gate made of metal or wood, but excluding chain link or wire) having a minimum height of six (6) feet but not more than eight (8) feet.
B.
For all residential developments, outside storage of rubbish and garbage shall be in suitable, covered containers and shall be located so that such containers cannot be seen from adjacent streets or properties. In multi-family developments having shared outside trash storage containers, such containers shall be screened from view from all four (4) sides with a sight-proof fence or wall, consistent with the architectural character of the multi-family dwellings. Chain-link fences, with opaque slat inserts, shall not be permitted for this purpose.
Section 400.1220 Landscaping of Off-Street Parking Areas.
[R.O. 2011 §34-60.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
See Article VII.
Section 400.1230 Installation and Maintenance of Landscaping.
[R.O. 2011 §34-60.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Immediately upon planting, all trees shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.
B.
All new landscaped areas shall be installed prior to the occupancy or use of the building or premises; or if the time of the season or weather conditions are not conductive to planting, the Zoning Administrator may authorize a delay for such planting up to six (6) months after occupancy or use of the buildings or premises. Dead plant materials shall be replaced in a timely fashion with living plant material, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscaping as initially approved.
C.
All landscaping and screening shall be maintained in a healthy, neat, trimmed, clean and weed-free condition. The ground surface of landscaped areas shall be covered with either grass and/or other types of pervious ground cover located beneath and surrounding the trees and shrubs.
D.
Any required landscaped area, greater than three hundred (300) square feet in area, shall be provided with an underground irrigation system or be provided with a potable water supply within one hundred fifty (150) feet of said landscaped areas.
Section 400.1240 Height Limitations.
[R.O. 2011 §34-61.1; Ord. No. 6482 §1, 2004]
A.
In any residential district or the "HRO" district, no fence located within a required side or rear yard shall exceed six (6) feet in height above grade, except that posts may exceed the limitation by no more than six (6) inches (including decoration and/or ornament at the top of the post), unless otherwise permitted in this Article for purposes of screening, or for tennis courts, backstops or playgrounds. (Also see Section 400.1280.)
Section 400.1250 Fence Location.
[R.O. 2011 §34-61.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Residential Districts.
2.
On corner lots, a fence is permitted between the side of the residential dwelling unit and the street right-of-way line and may be located on said right-of-way line. However, the fence shall not extend beyond the front building line.
3.
In the case of through lots, fences are permitted in the yard adjacent to the right-of-way that for all intents and purposes is used as the "rear" yard.
B.
Non-Residential Districts. In non-residential districts, fences are permitted in any yard, with the following limitations:
1.
Except for the "PA" and "IC" districts, fences in the front yard shall be limited to low masonry walls. The height of such fences shall not exceed four (4) feet in height, except for columns that are integral to the fence design.
2.
Within the "PA" district, fences are allowed to extend into the front yard only as necessary to contain a playground area or for sport activity areas in parks.
Section 400.1260 Fence Materials.
[R.O. 2011 §34-61.3; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 7348, 1-22-2024]
A.
Except as otherwise provided for in Subsection (B) of this Section, fence material shall be that which is designed and intended for use in fence installations, including decorative masonry (e.g., brick, stone, or textured and pigmented concrete). All fences shall be maintained in a structurally sound condition and otherwise in a neat and clean appearance.
B.
Barbed or razor wire, or tarp or similar material, shall not constitute any part of a fence in any residential or "PA" zoning district. In all other districts, barbed or razor wire may be attached to the fence, above six (6) feet.
Section 400.1270 Fences Surrounding Swimming Pools.
[R.O. 2011 §34-61.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
Swimming pools shall be completely surrounded with a protective barrier in accordance with University City Building Code.
Section 400.1280 Tennis Court Backstop Fences.
[R.O. 2011 §34-61.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
Tennis courts may be bounded by a chain-link fence up to ten (10) feet in height, provided such a fence is setback at least twenty (20) feet from any property line abutting a residential property.
Section 400.1290 Fences At Street Intersections.
[R.O. 2011 §34-61.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
Fences, at or near street intersections or access private drives, shall comply with Section 400.1410 of this Article.
Section 400.1300 Permits Required For New and Replacement Fences.
[R.O. 2011 §34-61.7; Ord. No. 6401 §1(part), 2002]
A building permit shall be required for the erection of a new fence, a replacement fence or replacement of a section of a fence that is greater than ten (10) feet in length. Minor repairs to sections of existing fences less than ten (10) feet in length shall be considered minor repairs and shall not require permits.
Section 400.1310 Generally.
[R.O. 2011 §34-62; Ord. No. 6139 §1(Exh. A (part)), 1997]
Home occupations are permitted as an accessory use to a residential use in any district subject to the requirements of this Division.
Section 400.1320 Restrictions and Limitations.
[R.O. 2011 §34-62.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Home occupations shall be operated entirely within the principal residential dwelling and/or accessory buildings and shall not occupy more than twenty-five percent (25%) of the total floor area including basement or finished attic spaces, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.
B.
The appearance of the dwelling shall not be altered in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises or vibrations.
C.
Home occupations shall be conducted by only the residents of the dwelling unit and not more than one (1) non-resident of the dwelling unit.
D.
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
E.
No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of the residence.
F.
No equipment shall be utilized that creates a nuisance due to odor, vibration, heat, glare or noise.
Section 400.1330 Examples of Uses That Frequently Qualify As Home Occupations.
[R.O. 2011 §34-62.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:
1.
Artists, sculptors and authors or composers;
2.
Day care homes;
3.
Dressmakers, seamstresses, tailors;
4.
Home crafts, such as model-making, rug weaving and lapidary work;
5.
Ministers, rabbis, priests;
6.
Music teachers, provided that instructions shall be limited to one (1) pupil at a time, except for occasional groups (see Section 400.1340(1));
7.
Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions;
8.
Office facilities for sales representatives or manufacturers' representatives, when no sales are made or transacted on the premises (other than by telecommunications);
9.
Office facilities for contractors, cleaning services, landscapers, and other similar enterprises;
10.
Psychologists, counselors, and social workers, provided that the conduct of services be limited to one (1) client at a time, except for occasional groups (see Section 400.1340(1));
11.
Bed and breakfast facility provided that:
a.
The maximum number of guests at any one time does not exceed five (5) and in no event shall the dwelling be utilized for a number of individuals in excess of that number permitted by the property maintenance code provisions.
b.
The owner of the facility must reside on the premises at all times that a bed and breakfast facility guest is registered.
c.
Guests may not remain longer than fourteen (14) consecutive days, nor may the same guest reside within the facility more than a total of thirty (30) days per calendar year.
d.
One (1) off-street parking space shall be provided per guest room in addition to one (1) off-street parking space for the owner of the dwelling.
e.
The bed and breakfast facility shall provide meals only to its overnight guests. No food storage or preparation capabilities shall be provided in the guest rooms.
f.
The bed and breakfast facility shall appear at all times as a single-family dwelling. No identification signage shall be permitted on the premises.
The facility shall be licensed for business per Title VI of the Municipal Code. Prior to issuance of the business license and prior to each annual renewal of the business license, the premises shall be inspected and brought into compliance with the property maintenance code. |
Section 400.1340 Prohibited Home Occupations.
[R.O. 2011 §34-62.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified herein shall not be permitted as home occupations:
1.
Any home occupation that involves periodic group meetings/sessions more than four (4) times during any consecutive twelve (12) month period;
2.
Any home occupation that involves the congregation of two (2) or more non-resident employees, clients, subcontractors, or other persons engaging in business activity at a dwelling unit;
3.
Barbershops and beauty parlors;
4.
Carpentry work and cabinet or furniture making/refinishing;
5.
Dancing schools;
6.
Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, and similar professions;
7.
Motor vehicle repair or service;
8.
Painting of vehicles or large household appliances;
9.
Home occupations which negatively impacts the residential character of the neighborhood.
Section 400.1350 Temporary Use Permit Required.
[R.O. 2011 §34-63.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The Zoning Administrator is authorized to issue a permit for a temporary use, when required herein, provided it meets the requirements of this Section. The permit shall be issued for a specified period of time; shall contain health, safety and traffic provisions, as necessary; and may require such assurances or guarantees of compliance with stated provisions as is reasonable and appropriate under the circumstances.
Section 400.1360 Temporary Uses Permitted.
[R.O. 2011 §34-63.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Christmas Tree Sales. Christmas tree sales may be permitted in the "GC" and "IC" districts for a period not to exceed sixty (60) days. The site shall be cleared and cleaned within ten (10) days after the permit expires.
B.
Contractor Offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of a tract of land, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development, or after revocation of building permits, or on order by the Zoning Administrator upon a finding that said temporary structure is deemed hazardous to the public health and welfare.
C.
Real Estate Offices. Temporary real estate sales offices may be established in a display unit in a multi-lot subdivision or multi-unit condominium residential development, without a temporary use permit. Such temporary real estate sales offices shall be established only for the marketing and sale of residential properties within the development project where the sales office is located.
Section 400.1370 Temporary Commercial Structures Prohibited.
[R.O. 2011 §34-63.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
Except as provided for in Section 400.1360, no garage, cellar, basement, trailer, or temporary structure whether of a fixed or moveable nature shall be erected, altered, or moved upon and used in whole or in part for any commercial purpose whatsoever for any length of time whatsoever.
Section 400.1380 Purpose.
[Ord. No. 7094, 1-14-2019]
A.
Statement Of Purpose. The general purpose of this Division 10 ("Division") is to regulate the placement, construction, and modification of telecommunications wireless communications facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of University City. Specifically, this Division is intended to:
1.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of University City;
2.
Minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;
3.
Ensure that any new wireless communications facilities are located in an area compatible with the neighborhood or surrounding community to the extent possible; and
4.
Ensure that regulation of wireless communications facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the City.
B.
Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Division shall be applicable to all wireless communications facilities existing or installed, built or modified after the effective date of this Division to the fullest extent permitted by law. No provision of this Division shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and, furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Division is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
Section 400.1382 Definitions.
[Ord. No. 7094, 1-14-2019]
As used in this Division, the following terms shall have the meanings and usages indicated:
Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes, including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antennas less than two (2) meters in diameter [mounted within twelve (12) feet of the ground or building mounted] and any receive-only home television antenna.
A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
The Zoning Administrator or his/her designee or official acting in such capacity.
Any freestanding, man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flag poles, and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately placed and designed architectural or natural feature" shall mean:
It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
It does not contain distorted proportions, size, or other features not typically found on the type of structure or feature which it is designed to replicate;
It cannot be identified as a support structure by persons with reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments relating to the disguised support structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated; and
It is of a height, design, and type that would ordinarily occur at the location and neighborhood selected.
Any structure capable of supporting wireless communication facilities (other than a support structure) in full conformance with the design and other requirements of this Division and is:
The Federal Aviation Administration.
A fast-track small wireless facility, or "fast-track", shall mean a small wireless facility that meets the following requirements for an antenna and associated equipment:
No more than seven (7) cubic feet in volume [comprised of no more than twenty-seven (27) square feet of exterior surface area, excluding the surface width equal to the width of the existing structure or utility pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less]. Volume shall be the measure of the exterior displacement of the antenna and associated equipment;
Located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if appearance is not materially altered and the existing structure or utility pole is no more than five (5) feet taller;
Not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding forty-five (45) feet [nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet].
The Federal Communications Commission.
The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
Any use authorized herein that exists in addition to the principal use of the property.
Any addition, deletion, or change, including the addition or replacement of antenna, or any change to a structure requiring a building permit or other governmental approval.
A building for the protection and security of communications equipment associated with one (1) or more antennas and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.
An antenna and associated equipment that meets the following:
An antenna of no more than six (6) cubic feet in volume; and
All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight (28) cubic feet in volume; provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume, and no single piece of ground-mounted equipment shall exceed fifteen (15) cubic feet in volume.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennas and including guyed towers, self-supporting (lattice) towers, or monopoles, but not disguised support structures, utility poles, or buildings. The term shall also not include any support structure that includes attachments of sixty-five (65) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
A pole that is or may be used for wireline communications, lighting, traffic control, signage, or a similar function, which may also support a small wireless facility or "fast-track".
Any antenna, small wireless facility, "fast-track," cabinet, shelter, and support structure, and associated equipment.
Section 400.1385 Application Procedures; Timing.
[Ord. No. 7094, 1-14-2019]
A.
Applications. Applications for permitted, administrative, or conditional uses pursuant to this Division shall be subject to the supplementary procedures in this Division. Applications shall be submitted to the City as a complete application on forms provided by the City. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs, and information as required thereon or by the City, consistent with this Division. Applications shall be accompanied by a building permit application and other applicable forms.
B.
Proof Of Owner Consent. Applications for permitted, administrative, or conditional uses pursuant to this Division shall be required to provide proof of landlord consent, which shall minimally include:
1.
Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in street right-of-way, the right-of-way owner thereof), including when the proposed location is also in a utility easement; and
2.
Written consent to pursue the application of the owner of the structure on which such facility is to be placed, if different than the applicant.
C.
Timing. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional time requirements as may apply to the particular application.
Section 400.1387 General Requirements.
[Ord. No. 7094, 1-14-2019]
A.
Applicability. The requirements set forth in this Division shall be applicable to all wireless communications facilities within the City installed, built, or modified after the effective date of this Division to the full extent permitted by law. Such zoning review and approvals required in this Division shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, or other right-of-way permits.
1.
Principal Or Incidental Use. Towers may be either a principal or incidental use in all commercial and industrial zoning districts, subject to any applicable requirement relating to yard or setback. An incidental use subject to a leasehold interest of a person other than the lot owner may be approved for a tower only if the leasehold area separately meets all requirements for a separate subdivided lot, including dedicated access, parking, setbacks, and lot size, applicable to a primary use in the district in which the use is proposed as if it was a separate subdivided lot. No other district shall allow towers unless required by law. All other wireless facilities other than towers may be a principal or incidental use in all districts subject to the requirements herein.
2.
Building Codes, Safety Standards, And Zoning Compliance. Wireless communications facilities shall be constructed and maintained in compliance with all standards contained in applicable State and local building codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or in any way alter, a support structure, a utility pole, or antennas, including small wireless facility and fast-track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement. In addition to any other approvals required by this Division, no wireless communication facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a certificate of zoning compliance, unless otherwise required by law, and the issuance of a building permit. For sites within the City right-of-way:
a.
The most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the Official Zoning Map;
b.
No application shall be submitted for permit approval without attaching the City's consent to use the right-of-way for the specific construction application, to the extent permitted by applicable law;
c.
Wireless communications facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the right-of-way or obstruct the legal use of such right-of-way by authorities or authorized right-of-way users; and
3.
Regulatory Compliance. All wireless communications facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, State, or Federal agency with the authority to regulate wireless communications facilities, and including all required licenses, permits, and taxes applicable to such structure and/or modification. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any wireless communications facilities permitted by this Division shall be granted for any applicant having an uncured violation of this Division, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory, licensing, or tax requirement applicable to such wireless communications facilities within the City unless preempted by applicable law.
4.
Security. All wireless communications facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify wireless communications facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the City Council in the case of a conditional use permit.
5.
Lighting. Antennas small wireless facilities, fast-track, and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the antenna, small wireless facilities, fast-track, or support structure. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Director or City Council on the approved site plan.
6.
Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless communications facilities is prohibited other than identification signage or required safety signage of not greater than one (1) square foot on ground equipment.
7.
Design.
a.
Color. Subject to the requirements of the FAA or any applicable State or Federal agency, wireless communications facilities and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Director, or the City Council in the case of conditional use permits, consistent with the requirements of this Division. Unpainted galvanized steel support structures are not permitted.
b.
Ground Equipment. When authorized, equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be either placed underground, contained in a single shelter or cabinet, or wholly concealed within a building or approved walled compound.
c.
Antenna Design. Antennas attached to a disguised support structure or tower shall be contained within the disguised support structure or within or mounted flush on the surface of the tower to which they are mounted. Antennas attached to an existing building, utility pole, or structure shall be of a color identical to the surface to which they are mounted and architecturally integrated in a manner as to be visually unobtrusive. Antennas on the rooftop shall be screened or constructed and/or colored to match the structure to which they are attached and be located as far away as feasible from the edge of the building. All antennas shall be designed to be disguised and maximally concealed on or within the support structure or other structure. Exposed antennas on a crow's nest or other visible platforms or extensions are prohibited.
d.
Height. Support structures and antennas shall be no taller than necessary and shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support structures may exceed underlying zoning district height restrictions for buildings and structures only where shown to be necessary, provided that no reasonable alternative exists. To the extent permitted by applicable law, district height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval. No support structure shall be approved at a height exceeding one hundred twenty (120) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system.
e.
Monopole Design. All towers shall be of a monopole design. Lattice, guyed towers, or other non-monopole tower designs shall not be permitted.
f.
Compound Walls/Landscaping. All towers shall be surrounded by a minimum of a six-foot-high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Director, or by the City Council in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise.
g.
Setbacks. All support structures, including any portions of any wireless communications facilities thereon and associated structures, fences, and walls (except for parking associated with the wireless communications facility) shall be separated from any public right-of-way, sidewalk or street, alley, parking area, playground, or other building, and from the property line of any adjacent property at least a horizontal distance equal to the height of the support structure, including any portions of any wireless communications facilities thereon, whichever is greater. No tower shall be located within two hundred (200) feet of any property line within the "SR," "LR," "MR," "HR," "PD," "PRO" or "PA" districts or within two hundred (200) feet of a street other than a limited-access highway.
h.
Storage. Vehicle or outdoor storage on any wireless communications facilities site is prohibited, unless otherwise permitted by the zoning district.
i.
Parking. On-site parking for periodic maintenance and service shall be provided at all support structure locations consistent with the underlying zoning district and the type of antenna or support structure approval granted.
j.
Decorative Poles. In districts where there are utility poles which were specifically designed for their aesthetic nature and compatibility with the built environment of that district, as determined by the City, such utility poles shall be deemed to be decorative utility poles. Such decorative utility poles, when authorized to be replaced by an applicant for wireless communications facilities pursuant to applicable law and in compliance with this Division and Code, shall only be replaced with a substantially similar decorative utility pole which matches the aesthetics and decorative elements of the original decorative utility pole being replaced. Such replacement expenses shall be borne wholly by the applicant seeking to place wireless communications facilities on such decorative utility pole.
8.
Public Property. Wireless communications facilities located on property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Division. A license or lease with the City authorizing the location of such wireless communications facilities shall be required for each site.
9.
As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction, two (2) complete sets of plans drawn to scale and certified as accurately depicting the location of all wireless communications facilities constructed shall be furnished to the City.
10.
Historic Preservation; Thirty-Day Hearing Period. Notwithstanding any provision within Article VI of this Zoning Code, the provisions of this Section shall govern any application regarding a wireless communication facility within a historic district. To the extent permitted by law, approval shall not be issued for any wireless communications facility that the Director determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such district as a whole. For co-location of any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more public hearings on co-location to a certified historic structure are held. The City may require reasonable, technically feasible and technological neutral design and concealment measures as a condition of approval of a wireless communication facility within a historic district.
11.
Facility Maintenance. Wireless communications facilities and associated structures shall be maintained in good repair, free from trash and graffiti and other forms of vandalism, and any damage shall be repaired as soon as reasonably possible so as to minimize the occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility as soon as practicable, and in no instance more than seven (7) days from the date of notification by the City.
12.
Quiet Within Abutting Property. All wireless communication facilities shall be designed, located and operated to avoid interference with the quiet enjoyment of abutting residential, school, and park properties and, at a minimum, shall be subject to any noise standards contained in the City's Code.
B.
Administration. The Director shall have the authority to establish forms and procedures consistent with this Division and applicable Federal, State, and local law to ensure compliance and to facilitate prompt review and administration of applications.
Section 400.1390 Permitted Use.
[Ord. No. 7094, 1-14-2019]
A.
Permitted Use. The placement of wireless communications facilities fully conforming with the general requirements in this Division are permitted in all zoning districts only as follows:
1.
Collocations On Existing Support Structures. The attachment of additional or replacement complying antennas or equipment to any existing fully conforming support structure or as otherwise authorized by State or Federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes, including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 400.1387.
2.
Antennas On High-Voltage Towers. The mounting of antennas on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet, provided that all requirements of this Division and the underlying zoning ordinance are met, except minimum setbacks provided in this Division shall not apply.
3.
Antennas On Existing Buildings/Structures. In all districts, except not on single-family residential or two-family dwellings, the mounting of antennas on any existing and conforming building or structure (other than a support structure or utility pole) provided that the presence of the antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached, and further provided that all requirements of this Division and the underlying zoning ordinance are met.
4.
Collocation Of Small Wireless Facilities On Utility Poles. In accordance with Section 67.5112, RSMo., a wireless provider may collocate small wireless facilities and install, maintain, modify, operate, and replace utility poles, at heights below the height limitations outlined in this Subsection, which shall be a permitted use in all districts except single-family residential and historic districts, provided the proposed installation does not:
a.
Materially interfere with the safe operation of traffic and control equipment or City-owned communications equipment;
b.
Materially interfere with compliance with the American Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;
c.
Materially obstruct or hinder the usual travel or public safety on the rights-of-way;
d.
Materially obstruct the legal use of the rights-of-way by the City, utility, or other third party;
e.
Fail to comply with the spacing requirements within Section 505.220(O);
f.
Fail to comply with applicable national safety codes, including recognized engineering standards for utility poles or support structures;
g.
Fail to comply with the decorative pole replacement requirements herein;
h.
Fail to comply with undergrounding requirements within Section 505.220(O); or
i.
Interfere or impair the operation of existing utility facilities, or City or third-party attachments.
5.
New, replacement, or modification of utility poles under the following circumstances shall not be considered a permitted use under this Section:
B.
Application Procedure. Application for a permitted use under this Section shall require submission of an application with proof of owner consent as required by Section 400.1385 and an application fee of five hundred dollars ($500.00) as required to partly cover the City's actual costs, but not to exceed such amounts as may be limited by law. If the applicant is not a wireless services provider, then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a wireless services provider within one (1) year of the permit's issuance date. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this Division and pursuant to applicable law. The applicant shall also submit a certified structural analysis as required in the general requirements of this Division. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a permitted use within the time frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
Section 400.1392 Administrative Approval.
[Ord. No. 7094, 1-14-2019]
A.
Administrative Approval. The placement of wireless communications facilities fully conforming with the general requirements in this Division are permitted in all zoning districts by administrative permit approved by the Director only as follows:
1.
Disguised Support Structures. The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure. Equipment may be placed in an appropriately concealed cabinet if the disguised support structure is incidental to an industrial, commercial, or other non-residential use and fits with the natural built environment or the disguised support structure. Any disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the property that runs with the land to the benefit of the City on behalf of the public, prohibiting modifications to the disguised support structure that eliminate or are materially detrimental to the disguise, unless such proposed modification is approved by a duly authorized zoning or conditional use approval approved. If the applicant does not wish to have such a covenant, the application shall not qualify for administrative permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently eliminated or materially detrimentally altered. A disguised support structure proposed to be located within a public or private right-of-way may be exempted from the general requirements of this Division relating to parking/access and setbacks, unless determined by the Director as applicable to the specific location for safety or other application reasons.
2.
"Fast-Track" Small Wireless Facilities. An application for a "fast-track" small wireless facility may be approved administratively by the Director, subject to meeting the following requirements:
a.
General Requirements. The following requirements shall generally apply to all "fast-track" small wireless facilities located within the City:
(1)
The "fast-track" shall substantially match any current aesthetic or ornamental elements of the existing structure or utility pole, or otherwise be designed to maximally blend in to the built environment, with attention to the current uses within the district at the proposed site;
(2)
Any portion above the existing structure or utility pole shall be concealed and of the same dimensions and appearance so as to appear to be a natural extension of the existing structure or utility pole in lieu of an enclosure or concealment;
(3)
The "fast-track" equipment shall not emit noise audible from the building line of any residentially zoned or used property; and
(4)
Location, placement, and orientation of the "fast-track" shall, to the extent feasible, minimize the obstruction to, or visibility from, the closest adjacent properties unless otherwise required by the City for safety reasons.
b.
Additional Requirements When Sited Near Pedestrian And Vehicle Ways. When a "fast-track" is proposed to be located on an existing structure or utility pole on or adjacent to public or private streets, sidewalks, or other pedestrian or vehicle ways:
(1)
Only one "fast-track" shall be permitted per structure or utility pole in the Rights-of-Way;
(2)
The height of all portions of the "fast-track" shall be located at least eight (8) feet above ground level;
(3)
No ground equipment shall be permitted; and
(4)
No portions of the "fast-track" shall extend horizontally from the surface of the utility pole or existing structure more than sixteen (16) inches.
c.
Waiver For Good Cause Shown.
(1)
Additionally, the Director may for good cause shown increase any one (1) or more of the maximum volumetric specifications from the definition of a "fast-track" by up to fifty percent (50%) if the applicant demonstrates that it:
(2)
The Director may further waive one (1) or more of the requirements found in the definition of "fast-track," or from Subsection (A)(2)(a), General Requirements, or Subsection (A)(2)(b), Additional Requirements When Sited Near Pedestrian Or Vehicle Ways, of this Section, upon good cause shown by the applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Division. The burden of proof for any waiver shall be wholly on the applicant and must be shown by clear and convincing evidence.
B.
Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the Director consistent with the requirements of this Division. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
1.
General Application Requirements. The applicant shall submit along with its completed application form:
a.
An application fee of five hundred dollars ($500.00) as required to partly cover the City's actual costs, but not to exceed such amounts as may be limited by law; any amount not used by the City shall be refunded to the applicant upon written request after a final decision;
b.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating the exact location of the facility, all dimensions and orientations of the facility and associated equipment, in addition to all existing and proposed improvements, including buildings, drives, walkways, parking areas, and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the utility pole, or existing structure, if applicable;
c.
Specifications, dimensions, photos, or drawings of the completed installation;
e.
Certified structural analysis as required in the general requirements of this Division;
f.
If the applicant is not a wireless services provider, then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a wireless services provider within one (1) year of the permit's issuance date; and
g.
All other information necessary to show compliance with the applicable requirements of this Division.
2.
"Fast-Track"-Specific Application Requirements. In addition to the above general application requirements, applications for a "fast-track" shall include the following:
a.
An attestation that the proposed "fast-track" meets the volumetric and other requirements to meet the definition of "fast-track" provided in this Division; and
b.
Information demonstrating that the applicant's proposed plans are in compliance with § 67.5113.3(9), RSMo., to the satisfaction of the City.
3.
Review. The application shall be reviewed by the Director to determine compliance with the above standards, including specifically design, location, safety, and appearance requirements and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.
4.
Additional Information May Be Required. In reviewing an application, the Director may require the applicant to provide additional information, including technical studies, to the extent permitted by applicable law. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.
5.
Decisions; Denials Required In Writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens and property values consistent with and to effect the purposes of this Division. The Director may consider the purposes of this Division and the factors established herein for granting a conditional use permit as well as any other considerations consistent with the Division. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
Section 400.1395 Conditional Use Permit Required.
[Ord. No. 7094, 1-14-2019]
A.
Conditional Use Permit Required. All proposals to construct or modify a wireless communications facility not permitted by Section 400.1390 (Permitted Use) or Section 400.1392 (Administrative Approval) or not fully complying with the general requirements of this Division shall be permitted only upon the approval of a conditional use permit authorized consistent with Article XI of this Zoning Code, subject to the following additional requirements, procedures, and limitations:
1.
Applications. Applications for conditional use permits shall be filed on such forms required by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for conditional use permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific wireless communications facility. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Except as otherwise provided by law, no application for a conditional use permit under this Section shall be deemed complete until the applicant has paid all fees and deposits required under this Division, submitted certified engineering plans, and provided proof of owner consent as required by Section 400.1385. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
2.
Decision And Findings Required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with, the application or thereafter or presented during the public hearing by the applicant or others.
3.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of wireless communications facilities pursuant to Section 400.1390 (Permitted Use) or Section 400.1392 (Administrative Approval) of this Division is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
4.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of Article XI of this Zoning Code for the consideration of conditional use permits, no conditional use permit shall be approved by the City Council unless findings in the affirmative are made that the following conditions exist:
a.
That the design of the wireless communications facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Division;
b.
That the design is visually compatible with the area, will not distract from the view of the surrounding area, is maximally concealed or blended in with the environment, and will not adversely affect property values;
c.
That such conditional use shall not be inconsistent or adversely affect the regular permitted uses in the district in which the same is located; and
d.
That the proposal fully complies with applicable law, including the general requirements herein; provided, that an exception to the general requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.
Section 400.1397 Commercial Operation Of Unlawful Wireless Communications Facilities.
[Ord. No. 7094, 1-14-2019]
Notwithstanding any right that may exist for a governmental entity to operate or construct wireless communications facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any wireless communications facilities in violation of any provision of this Division, regardless of whether such wireless communications facilities are located on land owned by a governmental entity.
Section 400.1400 Removal Of Support Structure.
[Ord. No. 7094, 1-14-2019]
Any wireless communications facility or portion thereof that is no longer in use for its original communications purpose shall be removed at the owner's expense. In the case of multiple operators sharing use of a single support structure, this provision shall not become effective until all users cease operations.
Section 400.1402 Violations And Penalties.
[Ord. No. 7094, 1-14-2019]
Except as may otherwise be provided by law, any person violating any provision in this Division shall be subject to the penalties within Section 100.190.
Section 400.1405 Appeals.
[Ord. No. 7094, 1-14-2019]
The procedures of Article XII of Chapter 400 shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the City Council that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Article XII of Chapter 400 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.
Section 400.1410 Visibility At Intersections.
[R.O. 2011 §34-65; Ord. No. 6139 §1(Exh. A (part)), 1997]
On any corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially obstruct or impede vision between a height of two and one-half (2½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twelve (12) feet from the point of intersection.
Section 400.1420 Purpose and Intent.
[R.O. 2011 §34-66.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The following performance standards are established for the purpose of minimizing any negative impacts caused by a land use on adjacent land uses.
Section 400.1430 Applicability.
[R.O. 2011 §34-66.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
Any use, whether existing or hereafter established in University City shall comply with the performance standards of this Section.
Section 400.1440 Performance Standards.
[R.O. 2011 §34-66.3; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6142 §1(part), 1997]
A.
Hazardous Conditions. Every use shall be so operated as to comply with the applicable standards and enforcement provisions contained in the most current Building Code and Fire Prevention Code as adopted by the City of University City.
B.
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot lines of the property on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711 of the St. Louis County Revised Ordinances, may exceed these limitations.
C.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Chapter 625 of the St. Louis County Revised Ordinances.
D.
Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Ordinances.
E.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Ordinances.
F.
Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceeds the emission levels, of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Ordinances.
G.
Emission Of Dirt, Dust, Fly Ash And Other Forms Of Particulate Matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Ordinances.
H.
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
I.
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
J.
Exterior Lighting. Lighting within any property that unnecessarily illuminates another property and interferes with the use and enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on a lot shall be so arranged or designed using cut-off lenses as necessary to direct light away from adjoining properties or streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties and streets.
K.
Any addition, modification or change in any regulation, code, ordinance or other standard referred to above shall become a part of these regulations.
Section 400.1450 Enforcement of Performance Standards.
[R.O. 2011 §34-66.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Whenever, in the opinion of the Zoning Administrator, there is a reasonable probability that any use or occupancy violates these performance standards, he or she is authorized to employ qualified professionals or technicians to perform whatever investigations and analyses in order to make a determination on whether or not a violation exists.
B.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the professionals and/or technicians employed to perform such investigations and analyses only if the violator has been given reasonable notice of the pending investigation and informed of the violator's liability for the costs of such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Article IX, Division 5, Sections 400.2560 et seq. of this Chapter.
Section 400.1460 Location Restrictions.
[R.O. 2011 §34-67.1; Ord. No. 6393 §2, 2002; Ord. No. 7010 §3, 3-14-2016]
A.
No adult business shall be located within three hundred (300) feet of any school, public or private (excluding trade, technical or business schools), place of worship, day care center, public library, public or private not-for-profit park or playground, or property zoned or used for residential purposes, which uses are located within the City limits.
1.
Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line on which the adult business is to be located to the nearest point on the property line of any such school, place of worship, day care center, library, park or playground, or property zoned or used for residential purposes.
2.
Property zoned for residential purposes means property zoned “SR,” “LR,” “MR” or “HR,” but does not include any residentially zoned property developed under a conditional use permit for a wholly non-residential use and does not include any public street or alley right-of-way.
B.
No adult business shall be located within five hundred (500) feet of any other adult business, regardless of whether such businesses are located on the same property or separate properties.
1.
Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line at which an adult business is to be located to the nearest point on the property line of such other adult business located within the City.
Section 400.1470 Definitions.
[R.O. 2011 §34-68.1; Ord. No. 6721 §1(part), 2008]
The following terms shall have the following meanings unless otherwise defined by context:
The City's Planning Director or such other person designated to administer and enforce this Division.
A network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances, or other equipment; provided however, that facilities shall not include individual service drops of fifty (50) feet or less, temporary construction facilities, or private sewer laterals.
A permit granted by the City for placement of facilities on private property.
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation, or other entity, or any lawful successor thereto or transferee thereof.
Providing or delivering an economic good or an article of commerce, including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one (1) or more persons located within or outside of the City using facilities located within the City.
Section 400.1480 Facilities Permits.
[R.O. 2011 §34-68.2; Ord. No. 6721 §1(part), 2008]
A.
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit, in addition to any other building permit, license, easement, franchise, or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Division and to accomplish the purposes of this Division. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
1.
The name of the person on whose behalf the facilities are to be installed and the name, address, and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day, seven (7) days per week) concerning the facilities;
2.
A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions, and description of the facilities, their location (including an identification of the interest of the applicant or the facilities owner in the property where the facilities are proposed to be located), and their proximity to other facilities that may be affected by their installation.
B.
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.
C.
Application Review And Determination.
1.
On receipt of an application for a new or expanded facilities installation, the Director shall provide written notice of the proposed work and location to the owner of the property on which the new or expanded facilities are proposed. The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days.
2.
Unless the application is denied pursuant to Subsection (C)(5) of this Section, the Director shall issue a facilities permit upon determining that the applicant:
a.
Has submitted all necessary information;
b.
Has paid the appropriate fees; and
c.
Is in full compliance with this Division and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
3.
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sight lines, or degrade the aesthetics of the adjoining properties or neighborhood, and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section. To accomplish such purposes, the Director may impose conditions on facilities permits, including alternative landscaping, designs, or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality, and are competitively neutral and non-discriminatory.
4.
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
5.
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
a.
Delinquent fees, costs or expenses owed by the applicant;
b.
Failure to provide required information;
c.
The applicant being in violation of the provisions of this Division or other City ordinances;
d.
For reasons of environmental, historic or cultural sensitivity, as defined by applicable Federal, State or local law;
e.
For the applicant's refusal to comply with reasonable conditions required by the Director; and
f.
For any other reason to protect the public health, safety and welfare, provided that such denial does not fall within the exclusive authority of the Missouri Public Service Commission and is imposed on a competitively neutral and non-discriminatory basis.
D.
Permit Revocation And Ordinance Violations.
1.
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Division. Prior to revocation, the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
a.
A material violation of the facilities permit or this Division;
b.
An evasion or attempt to evade any material provision of the permit or this Division, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
c.
A material misrepresentation of fact in the permit application;
d.
A failure to complete facilities installation by the date specified in the permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the applicant's control; and
e.
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards, or the City's pertinent and applicable ordinances, including, but not limited to, this Division, provided that City standards are no more stringent than those of a national safety ordinance.
2.
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Division, and in lieu of revocation, the Director may initiate prosecution of the applicant or the facilities owner for such violation.
E.
Appeals And Alternative Dispute Resolution.
1.
Any person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five (5) business days thereof. The appeal shall assert specific grounds for review, and the City Manager shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The City Manager may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the City Manager may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Manager's final determination.
2.
On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration.
a.
In the event of mediation, the City Manager and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties, and each party shall pay its own costs, disbursements and attorney fees.
b.
In the event of arbitration, the City Manager and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the City Manager, one (1) arbitrator selected by the applicant or facilities owner, and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.
Section 400.1490 Facilities Regulations.
[R.O. 2011 §34-68.3; Ord. No. 6721 §1(part), 2008]
A.
The following general regulations apply to the placement and appearance of facilities:
1.
Facilities shall be placed underground, except when other similar facilities exist above ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible, as determined by the City, and when in the City's judgment the above ground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
2.
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are:
3.
Facilities shall be a neutral color and shall not be bright, reflective, or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sight-proof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair, or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
4.
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code, and all other applicable Federal, State, or local laws and regulations.
5.
No person shall place or cause to be placed any sort of signs, advertisements, or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
6.
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
B.
Any person installing, repairing, maintaining, removing, or operating facilities, and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property, or private property disturbed or damaged during the work shall be repaired or replaced, and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
C.
The applicant shall provide written notice to all property owners within one hundred eighty-five (185) feet of the site at least five (5) days prior to the date of any installation, replacement or expansion of its facilities. Notice shall include a reasonably detailed description of work to be done, the location of work, and the time and duration of the work.
D.
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate, or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation, or maintenance of streets or other public works or to protect the ROW or the public health, safety, or welfare.
E.
If a person installs facilities without having complied with the requirements of this Division or abandons the facilities, said person shall remove the facilities, and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
F.
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code, including, but not limited to, building codes, zoning requirements and the rights-of-way usage code in addition to the regulations provided herein.
Section 400.1495 Standards For Cultivation, Dispensary, Infused Product Manufacturing, Testing And Warehouse Facilities.
[Ord. No. 7102, 5-28-2019; Ord. No. 7218, 2-27-2023]
A.
Standards for Marijuana Dispensary Facility. No building shall be constructed, altered, or used for a marijuana dispensary facility without complying with the following regulations:
1.
[1] Buffer Requirement. No marijuana dispensary facility shall be located within five hundred (500) feet of an existing elementary or secondary school, licensed child day care center, or church. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[1]
Editor’s Note: Ord. No. 7218 provided that the buffer requirement in Section 400.1495(A)(1) shall not apply to any medical marijuana dispensary lawfully operating under a conditional use permit as of the effective date of this ordinance and any such facility may convert to a comprehensive marijuana dispensary facility at the same location if the facility meets all other requirements of this ordinance.
2.
Residential Zoning Buffer Requirement. No marijuana dispensary facility shall be located within one hundred fifty (150) feet of a residential zoning district. Measurements shall be made in a straight line, without regard to intervening structures, from the main public entrance of the marijuana dispensary facility to the nearest property line of the residential zoning district.
3.
Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
4.
Hours of Operation. All marijuana dispensary facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M.
5.
Display of License Required. The marijuana dispensary facility license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
6.
Residential Dwelling Units Prohibited. No marijuana dispensary facility shall be located in a building that contains a residence.
7.
Ventilation Required. All marijuana dispensary facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the marijuana dispensary facility is located.
B.
Standards for Marijuana Cultivation, Infused Product Manufacturing, Testing and Warehouse Facilities. No building shall be constructed, altered, or used for a marijuana cultivation, infused product manufacturing, testing for warehouse facility without complying with the following regulations:
1.
Buffer Requirement. No marijuana cultivation, infused product manufacturing, testing or warehouse facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day care center, or church. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
2.
Residential Zoning Buffer Requirement. No marijuana cultivation, infused product manufacturing, testing or warehouse facility shall be located within one thousand (1,000) feet of a residential zoning district. Measurements between the facility and the residential zoning district shall be measured from the property line of the facility to the closest point of the property line of the residential zoning district. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
3.
Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
4.
Hours of Operation. All marijuana cultivation, infused product manufacturing, testing or warehouse facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M.
5.
Display of License Required. The marijuana cultivation, infused product manufacturing, testing or warehouse license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
6.
Residential Dwelling Units Prohibited. No marijuana cultivation, infused product manufacturing, testing or warehouse facility shall be located in a building that contains a residence.
7.
Ventilation Required. All marijuana cultivation, infused product manufacturing, testing or warehouse facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.