Valley Park City Zoning Code
ARTICLE X
Special Procedures and Regulations
Section 405.600 Special Procedures and Regulations Explained.
[Ord. No. 1914 §1(405.600), 5-6-2013]
In order to provide for uses that require particular consideration in each case because of the nature of the use and its effect on its surroundings or the City, and in order to provide the maximum flexibility in the site planning uses and reasonable modification in uses in appropriate circumstances, all consistent with the public health, safety, and general welfare of the City of Valley Park and good planning practice, the following procedures are established.
Section 405.610 Conditional Use Permit Procedure.
[Ord. No. 1914 §1(405.610), 5-6-2013; Ord. No. 2059, 7-20-2020; Ord. No. 2159, 9-30-2024]
A.
Purpose.
1.
Conditional uses are those types of uses which are considered by the City to be essentially desirable, necessary, or convenient to the community, but which by their nature or in their operation have:
a.
A tendency to generate excessive traffic,
b.
A potential for attracting a large number of persons to the area of the use, thus creating noise or other pollutants,
c.
A detrimental effect upon the value or potential development of other properties in the neighborhood, or
d.
An extraordinary potential for accidents or danger to public health or safety.
2.
It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. Such land uses and developments are identified in each particular zoning district under conditional land use and development permits issued by the Commission.
B.
Procedures. The granting of a conditional use permit may be initiated by a verified application of one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by a resolution of intention by the Planning and Zoning Commission or the Board of Aldermen. Procedures for application, review, and approval of a conditional use permit shall be as follows:
1.
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning Commission and filed with the City Clerk. The application shall be filed on forms prescribed for that purpose by the Planning Commission and be accompanied by the following:
2.
Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Article XII, Amendments, except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the City Clerk that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning and Zoning Commission or the Board of Aldermen.
3.
Burden of proof. In presenting any application for a conditional use permit to the Planning Commission for review and approval, the burden of proof shall rest with the applicant to provide any necessary evidence required by the Commission to clearly indicate that the proposed conditional use shall meet the following criteria:
a.
The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.
b.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
d.
The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
e.
Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities have been or will be provided.
g.
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
If the facts in the case do not establish that the findings and standards set forth in this Chapter will apply to the proposed use, the Planning Commission shall deny the conditional use permit. |
4.
Approval or denial of application. Subsequent to public hearing, the Planning and Zoning Commission shall file a report with the Board of Aldermen in which the Commission shall grant or deny each application for a conditional use permit and state the reasons therefore. The Planning and Zoning Commission may permit those developments and uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Valley Park. In approving such conditional uses, the Planning and Zoning Commission shall impose such conditions as it determines necessary. Said conditions shall include, but not be limited to, the following:
a.
Permitted uses, including maximum floor area.
b.
Performance standards.
c.
Height limitations.
d.
Minimum yard requirements.
e.
Off-street parking and loading requirements.
f.
Sign regulations.
g.
Minimum requirements for site development plans.
h.
Time limitations for duration of the use or subsequent review.
i.
Architectural elevations of any proposed structures.
j.
All proposed landscaping.
These, and any other conditions deemed necessary by the Commission, may be made more restrictive than the minimum requirements of the respective zoning district within which the conditional use will be located. |
5.
Permit effective, when. Unless the Board of Aldermen exercises its power of review, or a duly filed protest is received by the City Clerk, a conditional use permit, or an amendment thereto, shall become effective following a public hearing pursuant to Section 405.920 and the regularly scheduled meeting of the Board of Aldermen at which the report of the Planning and Zoning Commission concerning the proposed conditional use permit is received. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
6.
Effect of denial. Upon denial by the Planning and Zoning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the Board of Aldermen does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning and Zoning Commission or the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time.
C.
Appeal, Protest, Or Board Review Of Planning Commission Decision.
1.
Appeal by petitioner from decision. Upon a decision being reached by the Planning and Zoning Commission concerning an application for a conditional use permit, the applicant may file an appeal with the Board of Aldermen requesting a determination from that body. A notice of appeal shall be filed within ten (10) days following the Commissions' decision, be in writing, filed with the City Clerk in duplicate, and accompanied by a fee of two hundred dollars ($200.00). The appeal shall specifically state how the application as initially filed, or subsequently modified, meets the applicable criteria set forth in this Chapter.
2.
Protest by nearby property owners to decision. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
3.
Board of Aldermen review of decision. The Board of Aldermen may exercise the power of review of any Planning and Zoning Commission decision on an application for a conditional use permit, or an amendment thereto, upon motion adopted by a majority vote at the regularly scheduled meeting of the Board at which the report of the Planning and Zoning Commission on the application is received.
4.
Public hearing by the Board of Aldermen. Before acting on any appeal or protest the Board of Aldermen shall set the matter for hearing. The Board of Aldermen shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning and Zoning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing. In addition, any other person or persons whom, in the discretion of the Board of Aldermen, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.
5.
Board of Aldermen decision. Following the hearing by the Board of Aldermen on an appealed or protested application, the Board of Aldermen may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative vote of three-fourths (¾) of the members of the whole Board of Aldermen shall be required to reverse or modify any determination of the Planning and Zoning Commission.
D.
Procedure To Amend Approved Conditional Use Permit. In order to amend an existing conditional use permit, the application procedures, required materials, approval process, and appeal process shall be the same as for a new permit.
E.
Recording. Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved conditional use permit, including all attached conditions. The approved site plan, legal description of the property, and outboundary survey, along with any subsequent amendments, shall be recorded with the St. Louis County Recorder of Deeds.
F.
Time Limit Of Conditional Use Permits. Conditional use permits shall be valid for an unlimited period subject to the requirements of this Chapter unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Board of Aldermen, which may extend it for an unlimited period or for a specified additional period of years.
G.
Failure To Commence Construction Or Operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or operation of the conditional use where construction is not required shall commence within six (6) months of the effective date of the permit unless such time period is extended through appeal to and approval by the Board of Aldermen. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six (6) month period.
H.
Revocation Of Conditional Use Permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use or basic changes within the general neighborhood, the Planning and Zoning Commission and Board of Aldermen reserve full authority to revoke the approval at anytime.
I.
Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant. Should the business or use for which the conditional use permit was sought be transferred to a different ownership, a renewal of the original conditional use permit shall be automatically required.
J.
Authority To Deny. The Board of Aldermen reserves full authority to deny any request for a conditional use.
Section 405.615 Intent.
[Ord. No. 1914 §1(405.615(A)), 5-6-2013]
The intent of this Division is to establish a zoning district for the purpose of regulating adult-oriented businesses which, because of their very nature, may have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult-oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult-oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult-oriented businesses. It is neither the intent nor effect of this Division to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this Division to restrict or deny access by adults to sexually-oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult-oriented business to their intended market. Nothing in this Division is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any Statute of the State of Missouri regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
Section 405.620 Location and Spatial Separation Regulations.
[Ord. No. 1914 §1(405.615(B)), 5-6-2013]
A.
Adult-oriented businesses (as defined in Section 405.625, Definitions, are declared to be regulated uses according to their location and spatial separation and shall be governed as follows:
1.
Location and spatial regulations.
a.
Adult-oriented businesses, as defined in Section 405.625, Definitions, "adult-oriented business", may be located upon any property zoned "C-2" Commercial District (Section 405.165), "I-1" Light Industrial District (Section 405.170), or upon any property included as part of a "PD-I" Planned Development — Industrial District (Section 405.180) zoned property, but not within one thousand two hundred (1,200) feet of any residentially zoned property;
b.
No adult-oriented business (as described in Subsection (1)(a) above) shall be allowed to locate or expand within one thousand (1,000) feet of any other adult-oriented business or of any business licensed to sell or serve alcoholic beverages as defined by this Code whether or not the business is also an adult-oriented business as defined in this Chapter; and
2.
Measurement of distance.
a.
The distance between any two (2) adult-oriented businesses or between any adult-oriented business and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
b.
The distance between any adult-oriented business and any religious institution, school or public park or any property zoned for residential use shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school or public park or the property zoned for residential use.
Section 405.625 Definitions.
[Ord. No. 1914 §1(405.615(C)), 5-6-2013]
As used in this Division, the following terms shall have these prescribed meanings:
Any establishment, which as a regular and substantial course of conduct displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See definition for "adult-oriented business" for definition of regular and substantial portion of its business.)
A nightclub, bar, lounge, restaurant, coffee shop, "juice bar" or similar establishment or concern which features, as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree.
Any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Any business establishment or concern which as a regular and substantial course of conduct operates or performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel/hotel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually-oriented merchandise or sexually-oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. For the purposes of this Section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one (1) or more of the following conditions exist:
The area devoted to sexually-oriented merchandise and/or sexually-oriented material exceeds more than twenty-five percent (25%) of the total display or floor space area open to the public;
The business establishment or concern presents any type of live entertainment that is characterized by an emphasis on specified sexual activity or specified anatomical parts at least four (4) times in any month;
The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts.
A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Any natural person who dances, models, acts, entertains, performs and/or engages in any live entertainment showing, displaying or exposing specified anatomical parts and/or depicting or involving specified sexual activities, or who performs in or wears attire commonly referred to as pasties or a G-string or any other opaque covering, over the nipple and areola of the female breast, and while covering the natal cleft and pubic area covers less than one (1) inch on either side of the entire length of the natal cleft and two (2) inches across the pubic area.
Any act, play, burlesque show, revue, pantomime, cabaret, modeling fashion or style show, scene, dance, song, song and dance act, or instrumental music performed, engaged in, presented or participated in at an adult-oriented business by one (1) or more live entertainers for or in view of any patron.
Any area of an adult-oriented business such as a booth, cubicle or stall designed for occupancy of one (1) person for the purpose of viewing live performances, pictures, movies, videos or other presentations.
Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four (24) hours in advance of participation in the class.
Any customer, client, guest or invitee of an adult-oriented business.
Any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.
Sexually-oriented implements and paraphernalia, such as, but not limited to, dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophiha, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or
Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation; or
The presence of any person who performs or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and G-strings or any other opaque covering over the nipple and areola of the female breast, and while covering the natal cleft and pubic area covers less than one (1) inch on either side of the entire length of the natal cleft and two (2) inches across the pubic area.
Section 405.630 Application Requirements.
[Ord. No. 1914 §1(405.615(D)(1 — 2)), 5-6-2013]
A.
Permit Required. No person or entity shall establish, operate, conduct or maintain any adult-oriented business in the City, unless such person or entity has first obtained a permit pursuant to this Chapter. No person or entity shall continue to operate, conduct or maintain any adult-oriented business after its adult-oriented business permit has been suspended (for the duration of the suspension), revoked or not renewed.
B.
Application Submittal. The property owner, or authorized agent of the property owner, is eligible to request an adult-oriented business permit. Applications shall be submitted to the City Clerk. The following information is required at the time an adult-oriented business permit application is submitted:
1.
A completed adult-oriented business permit application signed by the property owner or authorized representative;
2.
A non-refundable fee of five hundred dollars ($500.00);
5.
Signed statement that the applicant and/or the applicant's officers, partners or investors have not had an adult-oriented business permit revoked within the previous two (2) years;
6.
All other information as required by the City of Valley Park adult-oriented business permit application form.
Section 405.635 Determination of Completeness.
[Ord. No. 1914 §1(405.615(D)(3)), 5-6-2013]
The Community Development Director shall determine whether the application contains all the information required by the provisions of this Chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit additional information to render the application complete. Failure to submit the additional information within the thirty (30) day period shall render the application void. Within five (5) business days following the receipt of an amended application or supplemental information, the Community Development Director shall again determine whether the application is complete in accordance with the procedures set forth in this Division. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five (5) days of the date the application is found to be complete. All notices required by this Chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.
Section 405.640 Application - Findings - Requirements.
[Ord. No. 1914 §1(405.615(E)), 5-6-2013]
A.
The Community Development Director shall issue an adult-oriented business permit within twenty (20) days of receipt of a complete application if he or she finds that the application fully complies with the findings and requirements of this Section. If the Community Development Director has not made a decision within twenty (20) days of receipt of a complete application, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless and until the Community Development Director notifies the applicant of a denial of the application and states the reason(s) for the denial. A complete application shall consist of all sections of the written application answered with requested information accompanied by plans showing how the business intends to comply with the requirements of this Chapter. If a permit application is denied by the Community Development Director, the applicant may appeal the decision to the Board of Aldermen pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review. An application shall only be approved on a finding that:
1.
The adult-oriented business is located in an approved zoning district in compliance with zoning and location requirements of the Valley Park Municipal Code.
2.
The adult-oriented business is not located completely or partially within any mobile structure or pushcart.
3.
The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events that would increase the demand for parking beyond the approved number of spaces for the particular use.
4.
The adult-oriented business provides a security system that visually records and monitors all parking lot areas. All indoor areas of the adult-oriented business shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include, but not be limited to, those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization.
5.
The adult-oriented business complies with the City's sign regulations.
6.
The adult-oriented business complies with the development and design requirements of the zone in which it is to be located for the specific underlying use.
7.
The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise that would be visible from any location outside the adult-oriented business.
8.
Notwithstanding the provisions of Section 573.531, RSMo., the adult-oriented business shall not allow admittance to any person under the age of eighteen (18) if no liquor is served, or under the age of twenty-one (21) if liquor is served.
9.
The adult-oriented business will not operate between the hours of 12:00 Midnight and 6:00 A.M. on any day.
10.
Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult-oriented business have been found guilty within the past two (2) years of a misdemeanor or felony classified by the State as a sex-related offense and have not violated any of the provisions of an adult-oriented business permit or similar permit or license in any City, County, territory or State.
11.
The adult-oriented business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually-oriented materials and sexually-oriented merchandise.
12.
A sexually oriented business, which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:
a.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose;
b.
An operator's station shall not exceed thirty-two (32) square feet of floor area;
c.
If the premises has two (2) or more operator's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations;
d.
The view required under this Subsection shall be by direct line of sight from the operator's station;
e.
It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and
f.
It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this Subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.
13.
All areas of the adult-oriented business shall be illuminated at a minimum of two (2) foot-candles minimally maintained and evenly distributed at ground level.
14.
The individual viewing areas of the adult-oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior spaces of two (2) or more individual viewing areas.
15.
No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult-oriented business as such types of adult-oriented business are defined in Section 405.625, Definitions. For the purposes of this Section, the catchall phrase "adult-oriented business" shall not be considered a single type of adult-oriented business.
16.
No individual viewing area may be occupied by more than one (1) person at any one (1) time.
17.
Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times.
18.
No operator, entertainer, employee or agent shall show or display his or her human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. No permittee, owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to show or display his or her human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.
19.
No operator, entertainer, employee or agent of an adult-oriented business providing live entertainment shall permit to be performed, offer to perform or perform sexual intercourse, oral or anal copulation, fondling or physical stimulation of either clothed or unclothed human genitals, pubic regions, buttocks or female breasts with any patron.
20.
No operator, entertainer, employee or agent of an adult-oriented business shall permit any patron to touch, caress, or fondle the clothes or unclothed breast, buttocks, anus or genitals of any operator, entertainer, employee or agent of an adult-oriented business providing live entertainment or permit any entertainer, operator, employee or agent to touch, caress or fondle the clothed or unclothed breasts, buttocks, anus, genitals of any patron.
21.
If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations dealing with the serving of alcoholic beverages as may be set forth by the State of Missouri, St. Louis County and/or the City of Valley Park.
22.
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the State Fire Marshal or City Fire Chief standards and regulations and all applicable building and fire safety regulations and standards adopted by the City. If an applicant or operator of an adult-oriented business proposes new construction, alteration, repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building or structure that requires a City building permit, then the applicant or operator shall be subject to all the requirements and conditions of the building (including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes, laws, regulations and standards in the same manner as for any other building or structure of the same type, size and occupancy classification.
No adult-oriented business shall be issued a permit or be permitted to operate within the City if State or Federal law otherwise prohibits the business.
Section 405.645 Adult-Oriented Business Entertainers.
[Ord. No. 1914 §1(405.615(F)), 5-6-2013]
A.
If an adult-oriented business provides, presents, features or offers any entertainer on-site, then the adult-oriented business and any entertainer at that business also shall comply with the following regulations (in addition to the other regulations of this Chapter):
1.
No person shall perform, engage in, present or participate in any entertainment except upon a stage that satisfies the following standards: it is at least eighteen (18) inches above the level of the floor; the edge or front of the stage or stages is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons; there is a railing, fence, partition or other barrier on the front or edge of the stage or stages at least thirty (30) inches in height that is capable of, and which actually results in, separating the entertainers on stage and patrons by at least ten (10) feet. No patron shall be permitted within ten (10) feet of the stage while an entertainer occupies the stage. No entertainer shall perform, engage in, present or participate in any entertainment within ten (10) feet of any patron. This Subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by glass or Plexiglas or a combination of wall and glass or Plexiglas or other permanent barrier.
2.
Stage or entertainment areas shall not be open to view from outside the premises.
3.
The premises shall provide separated dressing room facilities for entertainers that are exclusively dedicated to the entertainers' use.
4.
The permittee shall provide an entrance/exit to the premises for entertainers that are separate from the entrance/exit used by patrons.
5.
No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the adult-oriented business premises.
6.
No patron shall directly pay or give any gratuity, gift or monetary tip to any entertainer and no entertainer shall accept direct payment or giving of gratuity, gift or monetary tip from any patron while on the adult-oriented business premises.
7.
No entertainer shall show or display his or her human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. The wearing of attire commonly referred to as pasties and a G-string as described in the definition of "entertainer" shall not be a violation of this provision.
8.
If the occupancy limit of the premises, or that portion of the premises where entertainment is performed, is greater than fifty (50) persons, at least one (1) security guard will be on duty patrolling the premises, grounds and parking areas at all times while the business is open. An additional security guard will be on duty if the occupancy limit exceeds one hundred (100) persons. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Division. No security guard required pursuant to this provision shall act as a door person, ticket seller, ticket taker, admittance person, entertainer, waiter, bartender or food/drink server or attendant while acting as a security guard.
Section 405.650 Permit Duration.
[Ord. No. 1914 §1(405.615(G)), 5-6-2013]
An adult-oriented business permit shall be valid for a period of one (1) year from the date of issuance.
Section 405.660 Permit Renewal.
[Ord. No. 1914 §1(405.615(H)), 5-6-2013]
An adult-oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the adult-oriented business continue to meet the requirements set forth in this Chapter. A request for permit renewal must be accompanied by a completed adult-oriented business permit application. If the renewal application conforms to the previously approved application and the adult-oriented business, permittee and owner have not changed, and the permittee and the adult-oriented business have satisfied the requirements set forth in this Chapter, the Community Development Director shall renew the permit for another year. Any change or alteration in that nature or operation of the adult-oriented business will require the renewal to be reviewed by the Community Development Director pursuant to the standards of Section 405.640, Application — Findings — Requirements. The renewal fee for an adult-oriented business permit shall be established by resolution of the Board of Aldermen. If a permit renewal is denied, the applicant may appeal the decision to the Board of Aldermen pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review.
Section 405.665 Permits Non-Transferable - Use Specific.
[Ord. No. 1914 §1(405.615(I)), 5-6-2013]
No adult-oriented business permit may be sold, transferred, or assigned by any permittee or by operation of law to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult-oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult-oriented business from one element of an adult-oriented business to another element of an adult-oriented business or any increase of ten percent (10%) or more of the floor area of the adult-oriented business shall also render the permit null and void. An adult-oriented business permit shall only be valid for the exact location specified on the permit. No off-site presentations of entertainment shall be permitted. An adult-oriented business permit may be transferred to a new or different person, group, partnership, corporation or other entity or to a different location only pursuant to a new application filed and approved under this Chapter.
Section 405.670 Enforcement, Revocation and Suspension.
[Ord. No. 1914 §1(405.615(J)), 5-6-2013]
A.
Inspections. The adult-oriented business shall permit officers of the City of Valley Park, the County of St. Louis, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or occupied.
B.
Revocation Grounds. The City may revoke or suspend an adult-oriented business permit for any of the following causes or reasons:
1.
The adult-oriented business has been operated in violation of, or there has been a violation of or failure to comply with, any of the requirements of this Chapter, including, but not limited to, Section 405.640, Application — Findings — Requirements or Section 405.645, Adult-Oriented Business Entertainers;
2.
It is discovered that the application contains incorrect, false or misleading information;
3.
Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business;
4.
The permittee has ceased to meet the requirements for issuance of permit;
5.
The permittee holder is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under the Missouri Penal Code, or any violation of any parts of the Missouri Penal Code;
6.
If, on two (2) or more occasions within a twenty-four (24) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in Subsection (B)(5) as a result of such person's activity on the adult-oriented business premises, and the person or persons were employees, contractors or agents of the adult-oriented business at the time the offenses were committed; and
7.
If the permittee or an employee, contractor or agents of the adult-oriented business has knowingly allowed prostitution, or solicitation for prostitution, on the premises.
C.
Revocation/Suspension Notice. On determining that grounds for permit suspension or revocation exist, the Community Development Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent authority for the ground(s), and a brief statement of the factual matters in support of the proposed suspension or revocation. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date.
D.
Revocation/Suspension Hearings. Hearings shall be conducted by the Planning Commission. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. After holding the hearing in accordance with the provisions of this Section, if the Planning Commission finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Planning Commission shall impose one (1) of the following:
1.
A warning;
2.
Suspension of the permit for a specified period not to exceed one (1) year; or
3.
Revocation of the permit.
These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by State law or other County ordinance. The Planning Commission's decision shall be in writing. Any permittee aggrieved by a decision of the Planning Commission may appeal the decision pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review. |
E.
Cession Of Permitted Use. In addition to the foregoing, an adult-oriented business permit shall be deemed revoked and terminated if the use for which the permit was granted has ceased, been abandoned or been suspended for a period of twelve (12) or more consecutive months. The Community Development Director may determine whether or not an adult-oriented business has ceased operation, been abandoned or been suspended within the meaning of this Subsection. The Community Development Director may mail notice of such a determination to the permittee who may appeal the determination in the same manner as a permit revocation
F.
Permittee Aggrieved. If a permittee is aggrieved by a suspension or revocation decision of the Planning Commission (or a determination under Subsection (E) fails to timely file an appeal with the Board of Aldermen within ten (10) days as provided by Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review, then the suspension or revocation decision or Community Development Director determination shall take effect upon expiration of the ten (10) day period.
G.
Declaration Of Public Nuisance. Any business established, operated, conducted or maintained contrary to the provisions of this Section is unlawful and hereby declared to constitute a public nuisance. The City may commence an appropriate civil action(s) or proceeding(s) for the abatement, removal and enjoinment of the nuisance in the manner provided by law, to enforce any permit suspension, revocation or non-renewal, and/or for such other relief as will abate or remove the adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such a business contrary to the provisions of this Chapter. Notwithstanding any other provision of this Code, a violation of any provision of this Chapter shall not constitute a felony, misdemeanor, infraction or other crime, but rather shall be enforced by appropriate civil action.
Section 405.675 Appeal of Denial, Suspension and Revocation Decisions - Judicial Review.
[Ord. No. 1914 §1(405.615(K)), 5-6-2013]
A.
After denial of an application for an adult-oriented business permit, after denial of renewal of such a permit, or after suspension or revocation of such a permit, the aggrieved applicant or permittee may appeal such administrative action or decision to the Board of Aldermen by filing a notice of appeal with the City Clerk within ten (10) days of the date of the challenged action or decision. The Board of Aldermen shall hear the appeal in accordance with the same hearing procedures and standards set forth in Section 405.670, Enforcement, Revocation and Suspension, Subsection (D) Revocation/Suspension Hearings. The Board of Aldermen may affirm, reverse or modify the decision of the Planning Commission or Community Development Director. The Board of Aldermen's appeal hearing shall be held and a decision rendered by resolution adopted within thirty (30) days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the City and appellant.
B.
The denial, suspension and revocation of permits under this Division shall be subject to prompt judicial review and decision. If a permit denial, suspension or revocation decision is affirmed on review by the Board of Aldermen, the applicant or permittee may seek judicial review of the Board's decision.
C.
If a permittee seeks judicial review of a permit non-renewal, suspension or revocation decision, then the permit non-renewal, suspension or revocation will be stayed as follows:
1.
If the permittee files and serves a petition for writ of mandate under the Municipal Code within twenty-one (21) days after the final Board of Aldermen decision on the appeal, then the permit non-renewal, suspension or revocation shall be stayed pending a trial court decision. If affirmed by the trial court, the permit non-renewal, suspension or revocation shall take effect immediately, unless otherwise provided by court order or applicable law.
2.
If the permittee fails to timely file and serve a petition for writ of mandate under the Municipal Code within twenty-one (21) days after the final Board of Aldermen decision on the appeal, then the permit non-renewal, suspension or revocation shall take effect upon expiration of the twenty-one (21) day period.
Section 405.680 Motor Vehicle-Oriented Business Defined.
[Ord. No. 1914 §1(405.620(A)), 5-6-2013]
Any commercial business which, by design, type of operation, and nature of business, has as one (1) of its functions the provision of services to a number of motor vehicles or its occupants in a short time span for each, or the provision of services to the occupants of the motor vehicle while they remain in the vehicle. The list of businesses subject to this Division include convenience stores, gasoline service stations, drive-in banks, drive-in restaurants, drive-in beverage sales, and car wash operations, which examples are not intended as an inclusive list of such businesses.
Section 405.685 Conditional Use Requirements.
[Ord. No. 1914 §1(405.620(B)), 5-6-2013]
Motor vehicle-oriented business may only be permitted as a conditional use in the "C-1" Commercial District, the "C-2" Commercial District, the "I-1" Light Industrial District, or the "PD-C" Planned Development Commercial District as indicated in Appendix "A" of this Title. When approved as a conditional use, the MVOB must comply with all applicable requirements of Article X, Division 3, Sections 405.680 — 405.780.
Section 405.690 Locational Requirements.
[Ord. No. 1914 §1(405.620(C)), 5-6-2013]
A.
All motor vehicle-oriented businesses must be a minimum of one hundred fifty (150) feet from other motor vehicle-oriented businesses, which distances shall be computed as follows:
2.
For such businesses on opposite sides of the street, no such business shall be allowed on a lot where a line, drawn from both or either front corner of said proposed lot, across the street and perpendicular to the street right-of-way on which the proposed lot fronts, crosses the right-of-way on the opposite side of the street at a point less than one hundred fifty (150) feet from the closest property corner of an already existing or approved motor vehicle-oriented business lot on said opposite side of the street.
3.
For four (4) corner intersections, two (2) motor vehicle-oriented businesses may be allowed at such an intersection but only on diagonally opposite corners, regardless of their distance from one another, however, no other motor vehicle-oriented businesses shall be allowed within one hundred fifty (150) feet of those intersection corners that are unoccupied nor within one hundred fifty (150) feet of the property lines of those motor vehicle-oriented businesses so situated on corner lots.
Section 405.695 Site Design Standards.
[Ord. No. 1914 §1(405.620(D)), 5-6-2013]
A.
The following site design standards shall be met for all motor vehicle-oriented businesses:
1.
Minimum lot area. Twenty thousand (20,000) square feet.
2.
Minimum lot frontage. One hundred fifty (150) feet (on corners, the frontage requirements shall apply to only one (1) side).
3.
Limit Of Pump Islands For Convenience Stores And Gasoline Service Stations. Gasoline service stations and convenience stores with fuel pumps shall be limited to the maximum number of pump islands that can be accommodated without jeopardizing traffic safety. A general guideline shall be one (1) pump island per minimum seven thousand five hundred (7,500) square feet of site area. Square feet of site area is calculated by subtracting out the area designated for the convenience store. A pump island is the raised concrete platform that the MPDs (multiple petroleum product dispensers) sit atop. Each MPD shall allow no more than two (2) vehicles to fuel simultaneously.
[Ord. No. 1979 § 1, 2-21-2017]
4.
Setbacks. From public streets and property lines shall be as follows:
a.
Front yard.
(1)
There shall be a front yard having a depth of not less than thirty (30) feet. Front yards shall conform to minimum standard widths of streets and roads, and to future street and highway widenings according to the setback lines herein provided for. Front yards shall be measured from proposed right-of-way lines where setback lines are herein established, and otherwise from an actual or potential right-of-way of fifty (50) feet wide road, street or highway.
(2)
Where a lot is located at the intersection of two (2) or more streets, the front yard requirements shall apply to each street, except that the buildable width of the lot shall not be reduced to less than thirty (30) feet in which latter event the Planning and Zoning Commission may waive this requirement to the street which will least affect other property values. No accessory building, service islands, and other service or pickup facilities shall project beyond the front building setback line.
b.
Side yard. There shall be a side yard on each side of the building of not less than six (6) feet. Side yard requirements shall be twenty-five (25) feet where abutting any residential district.
c.
Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet.
Section 405.700 Used Oil Storage.
[Ord. No. 1914 §1(405.620(E)), 5-6-2013]
All used oils and other similar materials and products shall be stored only in underground or inside areas.
Section 405.705 Vehicular Areas.
[Ord. No. 1914 §1(405.620(F)), 5-6-2013]
A.
The entire area used by vehicles for parking, storage and service, etc., shall be paved with bituminous concrete, concrete, or other material approved by the Community Development Director.
B.
A raised concrete curb shall be placed at the edge of all pavements.
C.
All hydraulic hoists, pits, lubrication, washing, repair, and service not of an emergency nature or unusual short-term minor work shall be conducted entirely within a building.
Section 405.710 Ingress and Egress.
[Ord. No. 1914 §1(405.620(G)), 5-6-2013]
A.
The minimum width of driveways at the property line shall be twenty-four (24) feet and not greater than thirty-six (36) feet.
B.
The minimum distance of any driveway to property line shall be fifteen (15) feet.
C.
Driveway openings shall be limited to one (1) drive per one hundred (100) feet of lot width.
D.
The minimum distance a driveway into the site shall be from a street intersection shall be thirty (30) feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
E.
The angle of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and shall be approved by the Community Development Director.
F.
Motor vehicle-oriented businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
Section 405.715 Screening.
[Ord. No. 1914 §1(405.620(H)), 5-6-2013]
All motor vehicle-oriented businesses shall provide for screening and buffer areas in a manner which conforms to the regulations set forth in Section 405.170, "I-1" Light Industrial District and Article VII, Off-Street Parking and Loading Requirements of the Zoning Code, relative thereto, and all other applicable ordinances of the City of Valley Park, Missouri.
Section 405.720 Landscaping and Open Space.
[Ord. No. 1914 §1(405.620(I)), 5-6-2013]
A.
All areas of the site not paved shall be landscaped with a mixture of trees and grass or any combination of trees, shrubs, flowers, grass, or other living ground cover to retard water runoff, restrict blowing trash, and deter improper and unsafe access and site use by the public. Trees shall be of three (3) inch caliper measured six (6) inches from the ground level. Street areas not approved for driveways shall be planted in grass.
B.
Landscaped areas shall constitute at least thirty percent (30%) of the site area.
C.
Pavement shall not be allowed in front or side yard street setbacks except for driveways.
D.
All landscaping plant materials shall be kept alive and in excellent condition.
E.
Landscaped areas shall not be used for the purpose of storing vehicles, trailers, or other equipment.
F.
All paved and landscaped areas shall, at all times, be kept in good repair and in excellent condition in accordance with this and other ordinances of the City of Valley Park and the continuous maintenance of said areas is to be the responsibility of the owners and/or lessees of the property.
Section 405.725 Lighting.
[Ord. No. 1914 §1(405.620(J)), 5-6-2013]
Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall be high pressure sodium and shall not be higher than twenty (20) feet and shall not be visible from adjacent properties or public rights-of-way.
Section 405.730 Parking.
[Ord. No. 1914 §1(405.620(K)), 5-6-2013]
All motor vehicle-oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Article VII, Off-Street Parking and Loading Requirements of the Zoning Code and all other applicable ordinances of the City of Valley Park, Missouri.
Section 405.735 Signs.
Section 405.740 Storage of Merchandise.
[Ord. No. 1914 §1(405.620(M)), 5-6-2013]
A.
All merchandise and material for sale and all vending machines shall be displayed within an enclosed building except for the following:
1.
Oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.
Section 405.745 Storage of Flammable Materials.
[Ord. No. 1914 §1(405.620(N)), 5-6-2013]
Flammable materials used in the conduct of motor vehicle-oriented businesses shall be stored within the building setback lines and in below ground storage tanks. Proper care shall be exercised in proposed above or below the ground storage containers to protect public safety.
Section 405.750 Other Conditions.
[Ord. No. 1914 §1(405.620(O)), 5-6-2013]
The Planning and Zoning Commission may recommend, and the Board of Aldermen may require, provisions for other conditions which will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion and promote the purpose of the Zoning Code.
Section 405.755 Buildings and Structures Compatibility.
[Ord. No. 1914 §1(405.620(P)), 5-6-2013]
All proposed motor vehicle-oriented businesses' buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
Section 405.760 Vacant Motor Vehicle-Oriented Businesses' Buildings.
[Ord. No. 1914 §1(405.620(Q)), 5-6-2013]
When a motor vehicle-oriented business' building becomes vacant for a period exceeding one (1) year, the property owner shall be required to remove or treat in a safe manner approved by the Community Development Director all flammable materials, storage tanks or areas.
Section 405.765 Termination or Lapse of Special Use Permit.
[Ord. No. 1914 §1(405.620(R)), 5-6-2013]
A.
When a motor vehicle-oriented business' special use permit is authorized by the Board of Aldermen, the continuation of such use shall be dependent upon the conditions established under the permit and this Division; and in the event of a change of conditions or non-compliance of conditions, the Board of Aldermen shall have the responsibility and right to terminate or revoke the special use permit.
B.
When a motor vehicle-oriented business' building becomes vacant and its special use permit not utilized for a period of one (1) year, the permit shall lapse and the use of the land thereafter conform to the use permitted in the zoning district in which it is located.
Section 405.770 Non-Conforming Motor Vehicle-Oriented Businesses.
[Ord. No. 1914 §1(405.620(S)), 5-6-2013]
A.
Existing motor vehicle-oriented businesses which do not comply with the regulations and conditions of this Chapter shall be considered to be non-conforming and allowed to continue; however, all non-conforming motor vehicle-oriented businesses shall comply with the following requirements within one (1) year after written notification by the City Building Commissioner of items which must be corrected.
1.
Whenever a motor vehicle-oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening as provided for in Section 405.715 of this Division shall be installed.
2.
All exterior lighting shall conform to the lighting requirements in Section 405.725 of this Division.
3.
All trash storage areas shall provide suitable storage of trash with areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.
Section 405.775 Rental Vehicles.
[Ord. No. 1914 §1(405.620(T)), 5-6-2013]
When the rental of equipment, automobiles, trucks and trailers is to be conducted on a motor vehicle-oriented business site, additional land area and paved area shall be provided in addition to the driveway, parking area and landscape areas required by this Division for a normal motor vehicle-oriented business operation. An additional one thousand (1,000) square feet of site area shall be provided for each five (5) rental units. No parking of rental units shall be permitted on landscaped areas or driveways.
Section 405.780 Underground Utilities.
[Ord. No. 1914 §1(405.620(U)), 5-6-2013]
All utility lines on the site shall be installed underground.
Section 405.785 Statutory Authorization, Findings of Fact and Purposes.
[Ord. No. 1914 §1(405.625(A)), 5-6-2013; Ord. No. 1937 Art. 1 12-15-2014]
A.
Statutory Authorization. The Legislature of the State of Missouri has in Section 79.110, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Board of Aldermen of the City of Valley Park, Missouri, ordains as follows:
B.
Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Valley Park, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
2.
General Causes Of The Flood Losses. These flood losses are caused by: (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.
3.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Division uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.
a.
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Division is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Division. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County dated February 4, 2015, as amended, and any future revisions thereto.
b.
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
C.
Statement Of Purpose. It is the purpose of this Division to promote the public health, safety, and general welfare; to minimize those losses described in 405.785(B)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Division to:
1.
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
2.
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3.
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
Section 405.790 General Provisions.
[Ord. No. 1914 §1(405.625(B)), 5-6-2013; Ord. No. 1937 Art. 2, 12-15-2014]
A.
Lands To Which Division Applies. This Division shall apply to all lands within the jurisdiction of the City of Valley Park, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0284K, 29189C0292K, 29189C0303K, 29189C0311K, and 29189C0312K dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this Division, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Section 405.800.
B.
Floodplain Administrator. The Community Development Director is hereby designated as the Floodplain Administrator under this Division.
C.
Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this Division and other applicable regulations.
D.
Abrogation And Greater Restrictions. It is not intended by this Division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division imposes greater restrictions, the provisions of this Division shall prevail. All other ordinances inconsistent with this Division are hereby repealed to the extent of the inconsistency only.
E.
Interpretation. In their interpretation and application, the provisions of this Division shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
F.
Warning And Disclaimer Of Liability. The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Division does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Division shall not create a liability on the part of the City of Valley Park, any officer or employee thereof, for any flood damages that may result from reliance on this Division or any administrative decision lawfully made thereunder.
G.
Severability. If any Section, clause, provision, or portion of this Division is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Division shall not be affected thereby.
Section 405.795 Administration.
[Ord. No. 1914 §1(405.625(C)), 5-6-2013; Ord. No. 1937 Art. 3, 12-15-2014]
A.
Floodplain Development Permit (Required). A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 405.790(A). No person, firm, corporation, or unit of government shall initiate any development or substantial-improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B.
Designation Of Floodplain Administrator. The Community Development Director is hereby appointed to administer and implement the provisions of this Division.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of the Community Development Director shall, include, but not be limited to:
1.
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Division have been satisfied;
2.
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;
3.
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the Missouri State Emergency Management Agency (Mo SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.
Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential structure, the Community Development Director shall require certification from a registered professional engineer or architect.
D.
Application For Floodplain Development Permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
2.
Identify and describe the work to be covered by the floodplain development permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market value of the improvement;
5.
Specify whether development is located in designated flood fringe or floodway;
6.
Identify the existing base flood elevation and the elevation of the proposed development;
7.
Give such other information as reasonably may be required by the Community Development Director;
8.
Be accompanied by plans and specifications for proposed construction; and
9.
Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.
Section 405.800 Provisions for Flood Hazard Reduction.
[Ord. No. 1914 §1(405.625(D)), 5-6-2013; Ord. No. 1937 Art. 4, 12-15-2014]
A.
General Standards.
1.
No permit for floodplain development shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Division. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3.
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
4.
All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
a.
Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1)
All such proposals are consistent with the need to minimize flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4)
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5.
Storage, Material, And Equipment.
a.
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b.
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
6.
Non-conforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the Division, but which is not in conformity with the provisions of this Division, may be continued subject to the following conditions:
a.
If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this Division.
b.
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the predamaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
7.
Agricultural Structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this Division; and a floodplain development permit has been issued.
8.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Division; and a floodplain development permit has been issued.
B.
Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Subsection (A)(2) of this Section, the following provisions are required:
a.
Residential Construction. New construction or substantial-improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation.
[*In all unnumbered and numbered A Zones and AE Zones, the FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.] |
b.
Non-Residential Construction. New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 405.795(C)(9).
[*The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to qualify for flood insurance rates based upon floodproofing.] |
c.
Require, for all new construction and substantial-improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(1)
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
(2)
The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones, on the community's FIRM on sites:
a.
Outside of manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to and existing manufactured home park or subdivision; or
d.
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a flood,
Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. |
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones, on the community's FIRM, that are not subject to the provisions of 405.800(C)(2) of this Division, be elevated so that either:
a.
The lowest floor of the manufactured home is at one (1) foot above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
[*In all unnumbered and numbered A Zones and AE Zones, the FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.] |
D.
Floodway. Located within areas of special flood hazard established in Section 405.790(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2.
The community shall prohibit any encroachments, including fill, new construction, substantial-improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3.
If Section 405.800(D)(2) is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of Section 405.800.
4.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section 405.800(A)(2).
E.
Recreational Vehicles.
1.
Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive days,
b.
Be fully licensed and ready for highway use*; or
c.
Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Division.
* | A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. |
Section 405.805 Floodplain Management Variance Procedures.
[Ord. No. 1914 §1(405.625(E)), 5-6-2013; Ord. No. 1937 Art. 5, 12-15-2014]
A.
Establishment Of Appeal Board. The Board of Adjustment as established by the City of Valley Park shall hear and decide appeals and requests for variances from the floodplain management requirements of this Division.
B.
Responsibility Of Appeal Board.
1.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Community Development Director, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section 405.805(A).
2.
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Community Development Director in the enforcement or administration of this Division.
C.
Further Appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the St. Louis County Circuit Court as provided in Section 89.110, RSMo.
D.
Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Division, and the following criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury of others;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flood damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,
11.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
E.
Conditions For Approving Floodplain Management Variances.
1.
Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 2 through 6 below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.
3.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5.
Variances shall only be issued upon: (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
6.
A community shall notify the applicant in writing over the signature of a community official that: (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
F.
Conditions For Approving Variances For Agricultural Structures. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 405.805, Subsection (D) and (E) of this Division.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered for a variance from the floodplain management regulations of this Division shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the floodplain exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to agricultural purposes in flood-prone areas only.
3.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below highest adjacent grade, must be built with flood-resistant materials in accordance with Section 405.800(A)(2)(b) of this Division.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Section 405.800(A)(2)(a) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
5.
Any mechanical, electrical, or other utility equipment must be located above highest adjacent grade or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 405.800(A)(2)(d) of this Division.
6.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with the NFIP regulations.
7.
Major equipment, machinery, or other contents must be protected from any flood damage.
8.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.
9.
A community shall notify the applicant in writing over the signature of a community official that: (1) the issuance of a variance to construct a structure below highest adjacent grade will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) such construction below highest adjacent grade increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
10.
Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
G.
Conditions For Approving Variances For Accessory Structures. Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 405.805, Subsection (D) and (E) of this Division.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
1.
Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 405.800(A)(4)(b) of this Division.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 405.800(A)(4)(a) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 405.800(A)(4)(d) of this Division.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 405.800(B)(1)(c) of this Division.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 405.800(D)(2) of this Division. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from any flood damage.
8.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
9.
A community shall notify the applicant in writing over the signature of a community official that: (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
10.
Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
Section 405.807 Penalties For Violation.
[Ord. No. 1937 Art. 6, 12-15-2014]
Violation of the provisions of this Division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this Division or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Valley Park or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 405.810 Amendments.
[Ord. No. 1914 §1(405.625(G)), 5-6-2013; Ord. No. 1937 Art. 7, 12-15-2014]
The regulations, restrictions, and boundaries set forth in this Division may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Valley Park least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Division are in compliance with the National Flood Insurance Program (NFIP) regulations.
Section 405.820 Definitions.
[Ord. No. 1914 §1(405.625(H)), 5-6-2013; Ord. No. 1937 Art. 8, 12-15-2014]
Definitions applicable to Division 4. Flood Hazard Prevention are located in Article II, Rules and Definitions.
Section 405.825 Open and Outdoor Storage.
[Ord. No. 2093, 11-15-2021]
A.
Intent.
1.
The intent of this Division is to establish regulations for storage operations that will be maintained outside of a building or structure, that have the potential to result in additional impacts to adjacent properties and the surrounding community.
2.
These regulations shall apply to open and outdoor storage facilities in addition to any regulations of the zoning district in which the use/facility is located.
B. ACCESSORY USE LESSORS OF MINIWAREHOUSES AND SELF-STORAGE UNITS OPEN/OUTDOOR STORAGE STORAGE AND WAREHOUSING OF HOUSEHOLD GOODS STORAGE AND WAREHOUSING OF NON-HAZARDOUS PRODUCTS TEMPORARY USE
Definitions.
See Section 405.050, Definitions.
This industry comprises establishments primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor spaces) where clients can store and retrieve their goods.
See Section 405.050, Definitions.
This industry comprises establishments primarily engaged in operating merchandise warehousing and storage facilities. These establishments generally handle goods in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. They are not specialized in handling bulk products of any particular type, size, or quantity of goods or products.
This industry comprises establishments primarily engaged in operating warehousing and storage facilities (except general merchandise, refrigerated, and farm product warehousing and storage).
See Section 405.260, Temporary Uses.
C.
General Provisions.
1.
Applicability. These regulations shall apply to primary, accessory, and temporary open or outdoor storage uses/facilities.
2.
Conditional Use Permit.
a.
Open or outdoor storage facilities shall only be permitted as a primary use with a conditional use permit as outlined in Appendix A, Listing of Permitted and Conditional Zoning District Uses[1].
[1]
Editor's Note: Appendix A, Listing of Permitted and Conditional Zoning District Uses, is set out as an attachment to this Chapter
b.
An accessory use of open or outdoor storage shall only be permitted with a conditional use permit. If the accessory open or outdoor storage occupies less than twenty-five percent (25%) of the lot area and the primary use is operated inside of a building or structure, then a conditional use permit is not required.
Through the conditional use permit process, the Planning Commission and/or the Board of Aldermen may add conditions or regulations to govern a specific business based on the intent to mitigate potential negative impacts due to the operations or location of the proposed business. |
4.
Application Requirements.
a.
The following information shall be provided to the City for review prior to operation of any outdoor storage as a primary or accessory use:
(1)
A detailed site plan showing property lines and the location of any structures, parking areas, storage areas, light fixtures, landscaped areas, fences or screening, and additional information as requested by the City;
(2)
A plan for facility amenities such as trash and recycling services or restroom facilities;
(3)
Hours of operation;
(4)
An access plan for first responders, emergency responders, and law enforcement;
D.
Site Design Standards.
1.
Layout.
a.
No open or outdoor storage shall be located within a front yard setback or beyond the front building line of a structure.
b.
In order to avoid traffic congestion and damage to adjacent curbing, pavement, or property, entry or exit drives to such facilities shall be of proper width and length with appropriate curb or pavement radii to accommodate the types of vehicles with trailers or trucks that are expected to use the facility.
c.
All vehicles, trucks, trailers, recreation vehicles, motorcycles, or powered equipment stored on the site shall be parked on pavement as defined in Section 405.050, Definitions.
e.
Shipping containers, trailers, and similar shall be considered accessory structures and must conform to structure regulations, including setbacks, facade treatments, etc., unless amendments to such requirements are granted through a conditional use permit.
2.
Screening.
a.
All open storage areas shall be screened from adjacent property by berms, dense vegetative plantings, solid fences, or brick or decorative masonry walls, or a combination of these materials measuring at least eight (8) feet in height.
(1)
Open storage areas adjacent to residential zoning districts shall provide screening of at least ten (10) feet in height.
b.
All open storage areas shall not be visible from adjacent property or public right-of-way at grade level.
E.
Facility Operations Standards.
1.
The storage of hazardous materials of any form or mass storage of controlled substances or chemicals shall be prohibited.
2.
All vehicles, trucks, trailers, recreation vehicles, or motorcycles stored on the site shall have current registration and license plates and be in operable or usable condition.
3.
Storage areas and vehicles stored, i.e., trailers, boats, recreation vehicles or similar, shall not be used for habitation for any duration of time when located on the property.
4.
Any site with storage of vehicles, boats, powered equipment or similar shall maintain a plan and appropriate mitigation materials on site to address the spill of any gas, oil, or similar fuel.
5.
No items shall be stored in the open that create a nuisance due to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line.
F.
Self-Storage Or Storage Space Rental Facilities.
1.
In addition to the regulations contained in the rest of this Division, facilities that provide storage space or pods for rent and access by lessees, shall comply to the additional regulations contained herein.
a.
Storage areas and vehicles stored shall not be used for the operation of a business on the site (i.e., office space, purchasing of goods or services by patrons, construction or manipulation of materials, manufacturing of goods, or similar).
b.
All open storage areas designated for vehicle, boat, or similar parking shall be designed similarly to a parking lot with striped spaces assigned to a designated lessee.
c.
All open storage areas available for storage of multiple vehicles and/or storage containers by one (1) lessee shall be enclosed with fencing to clearly establish the boundaries of the leased area.
d.
All storage spaces shall be labeled or numbered to correspond with a lease agreement.
e.
Visitor parking shall be provided in either a central parking lot or through parallel parking spaces along the driveway access to the storage areas.
f.
The property owner or manager shall maintain lease agreements for each storage area on site including current and accurate contact information for each storage area lease holder.