§ 230. Miscellaneous Regulations.
1.
Scope of provisions. This section contains miscellaneous regulations, generally applicable to various sections of this Zoning Ordinance.
2.
Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one single-family dwelling on one lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning and Zoning Commission of any type of site development plan for review and approval.
3.
No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.
4.
In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.
5.
Land area to be utilized for multiple-family access easements and large lot roadway easements shall not be deducted from gross site area in calculating the maximum number of dwelling units permitted on a parcel or tract of land.
6.
Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this Zoning Ordinance. However, if through dedication of street right-of-way the area of any lot or parcel already established via the provisions of the City's Subdivision Ordinance is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.
7.
Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private roadway easement boundaries or from road maintenance or other road related easements where such easements abut public road rights-of-way.
8.
Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property.
9.
All illumination structures, except for approved street lights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in the "NU" Non-Urban, "PS" Park and Scenic, any "R" Residence District or "C" Commercial.
10.
No permits shall be issued for grading, building, or use of a site governed by a Planned District, Mixed Use District or special procedure permit which are not in accord with site development plans, site development concept plans, or site development section plans approved by the Director of Public Works.
11.
Every part of a required yard shall be open to the sky, unobstructed by manmade improvements except as follows:
(1)
Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches;
(2)
Ordinary projecting of chimneys and flues, not to exceed seventy-two (72) inches in width, projecting not to exceed twenty-four (24) inches;
(3)
Roof overhangs projecting not to exceed eighteen (18) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a rear yard;
(4)
Canopy overhangs for service stations projecting a maximum of eighteen (18) inches into required front yards;
(5)
Paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed more than ten (10) feet in front of required building lines;
(6)
In all "R" Residence Districts air conditioning units extending into side or rear yards a maximum of thirty (30) inches, with air conditioning units including mounting pedestals not to exceed forty-eight (48) inches in height above ground elevation within said side or rear yards;
(7)
Driveways, ramps, sidewalks and parking lots as otherwise permitted by this Zoning Ordinance; and
(8)
Basketball poles as otherwise permitted by this Zoning Ordinance.
12.
The temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.
(1)
Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permit, or on order by the Director of Public Works upon a finding by him that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with the City.
(2)
Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract (a) within thirty (30) days after all lots or dwelling units have been sold, rented, or leased; or (b) after the passage of thirty (30) days from the date of the last transaction after ninety (90) percent of the development has been sold, rented, or leased. A bond in the amount of one thousand dollars ($1,000.00) guaranteeing removal of any such temporary structure or facility shall be posted with the City prior to commencement of use.
(3)
No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located nor shall it be located in front of required building lines.
(4)
Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in paragraph 12(1) of this section.
13.
In each instance in which approval of use or development of property is made subject to conditions by the City Council or Planning and Zoning Commission in the approval of a conditional use permit, special procedure, Mixed Use Development, or Planned Industrial or Commercial Development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owner, and manager, including successor operators, owners and managers. Each successor shall forward to the Director of Public Works an acknowledgment that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.
14.
Subsequent to approval and recording or filing of a final development plan, site development plan, site development concept plan, section plan or similar plan for the development and use of property under the special procedures of this Zoning Ordinance or under the regulations of a planned district (C-8 or MXD), no development of property subject to such a plan shall be performed and no permit shall be issued for development unless such development is consistent with the plan and unless the property has been platted in accordance with the City's Subdivision Ordinance. No plat for property subject to such a plan shall be approved unless the plat is consistent with the plan.
15.
(1) In this subsection, the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Zoning Ordinance or any other ordinance.
(2)
Except as provided in this subsection:
(a)
No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.
(b)
The owner or person in control of any private property shall, at all times, maintain the premises free of litter.
(3)
It shall be lawful:
(a)
To accumulate or store nonputrescible litter in a sightproof structure or container.
(b)
To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.
(c)
To operate an otherwise lawful sewage treatment facility.
(d)
To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.
16.
(1) The Director of Public Works is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Public Works may request a report be submitted by the St. Louis County Director of Health with respect to any public health aspect of the proposal and by the City Marshal with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this paragraph, "amusement activity" includes a circus, carnival, fair, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device, construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided, however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies.
(2)
The Director of Public Works is authorized to issue a permit to any not-for-profit organization for the installation of a holiday sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than thirty-five (35) calendar days prior to the holiday and five (5) calendar days after the holiday. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances.
(3)
The Director of Public Works is authorized to issue a permit to any church, school, or other not-for-profit organization for the establishment, on a temporary basis within any zoning district, of an outdoor sales event, service, and/or activity provided one hundred (100) percent of the profits go to charitable or public service purposes. The Director of Public Works may request a report be submitted by the St. Louis County Director of Health with respect to any public health aspect of the proposal and by the City Marshal with respect to any traffic or public safety aspect of the proposal, if appropriate. The permit shall be issued for a specific period of time not exceeding fourteen (14) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic; and assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. No more than four (4) such permits may be issued for any parcel of land in any calendar year.