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Home My Public Portal AboutCity of Moline Acres 286.28 outline is defined and used in this document TITLE IV. LAND USE CHAPTER 400: PLANNING AND ZONING COMMISSION SECTION 400.010: COMPOSITION APPOINTMENT TERM COMPENSATION OF MEMBERS The Planning and Zoning Commission of any municipality shall consist of not more than fifteen (15) nor less than seven (7) members, including: 1. The Mayor, if the Mayor chooses to be a member; 2. A member of the Board of Alderpersons selected by the Board of Alderpersons, if the Board of Alderpersons chooses to have a member serve on the Commission; and 3. Not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board of Alderpersons. All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Alderpersons may remove any citizen member for cause stated in writing and after public hearing. (Ord. No. 330 Art. II §10, 7-11-72) SECTION 400.020: ELECTION OF CHAIRMAN AND OTHER OFFICERS RULES OF PROCEDURES AND REGULATIONS The Commission may elect from among its own citizen members a Chairman, Vice Chairman and Secretary who shall hold office for terms of one (1) year each. The Commission may adopt such rules of procedure and regulations not inconsistent with the laws of the State of Missouri and ordinances of the City of Moline Acres for the guidance and carrying out of its activities as it deems proper. (Ord. No. 330 Art. II §11, 7-11-72) SECTION 400.030: COMPREHENSIVE ZONING ORDINANCE REPORTS, HEARINGS, RECOMMENDATIONS A. The Commission shall study and make recommendations to the Board of Alderpersons relating to a comprehensive Zoning Ordinance for the City of Moline Acres and shall submit such to the Board of Alderpersons for their consideration and action. The Commission shall consider and make recommendations relating to the boundaries of the various original districts and appropriate regulations to be enforced therein. It shall make a preliminary report as required by law and hold public hearings thereon, submitting its final report with respect to said recommendations. 286.28 B. The Commission shall thereafter also consider and report to said Board of Alderpersons any suggestions or recommendations for changes or revisions in any zoning or plan ordinances enacted that are referred to it after the adoption thereof. C. The Commission may also make such other studies, plans and recommendations for the future development of the City with respect to streets, parks, schools, playgrounds, transit routes, or any 286.28 § 400.030 Moline Acres City Code other public or semi-public improvements bearing upon the future welfare of the community. The Commission may prepare also rules, regulations and requirements governing the approval of subdivision plats and plans and submit the same to the Board of Alderpersons for its consideration and action thereon. D. The Commission also may recommend from time to time such zoning, planning and physical improvements as it deems necessary for the general welfare of the City and shall consider and report upon all matters referred to it by the Board of Alderpersons. (Ord. No. 330 Art. II §12, 7-11-72) SECTION 400.040: MAY EMPLOY ASSISTANTS EXPENDITURES The Commission may employ such clerical office or professional help as may be deemed necessary and desirable by it after having been authorized so to do by the Board of Alderpersons. All expenditures by the Commission and its members shall be within the amounts appropriated therefor by the Board of Alderpersons. (Ord. No. 330 Art. II §13, 7-11-72) SECTION 400.050: ANNUAL REPORT TO THE MAYOR The Planning and Zoning Commission shall make an annual written report to the Mayor and Board of Alderpersons covering its activities and work of the preceding year with any recommendations for the future. (Ord. No. 330 Art. II §14, 7-11-72) 286.28 CHAPTER 405: ZONING REGULATIONS ARTICLE I. GENERAL PROVISIONS SECTION 405.010: CITATION This Chapter shall be known, referred to and recited as the "Zoning Ordinance" of the City of Moline Acres. (Ord. No. 330 Art. I §A, 7-11-72) SECTION 405.020: INTERPRETATION AND PURPOSE In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, property and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued, and not in conflict with any of the provisions of this Chapter, except as otherwise herein provided, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control. (Ord. No. 330 Art. II §7, 7-11-72) SECTION 405.030: DEFINITIONS For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the singular shall include the plural and the plural, the singular. Words used in the present tense shall include the future. The word "building" shall include the word "structure" and the word "shall" is mandatory and not discretionary. ALLEY: A public or private thoroughfare which affords only a secondary means of access of abutting property. APARTMENT: A room or suite of rooms in a multiple dwelling, or where a housekeeping unit is established above non-residential uses intended, designed or used as residency by a single family, including culinary accommodations. APARTMENT HOUSE: See DWELLING, MULTIPLE. BASEMENT: A floored and walled substructure at least one-half (½) its height below grade. A substructure is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises and/or if more than one-half (½) of its height extends above grade. BOARDING HOUSE: A building other than a hotel where for compensation, meals, or lodging and meals are provided for three (3) but not more than ten (10) persons at one (1) meal time. 286.28 BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. 286.28 § 405.030 Moline Acres City Code BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs, excepting roof tanks and their supports, mechanical and air conditioning equipment, elevator penthouses or similar appurtenant items. DISTRICT: A section or sections of the City for which the regulations governing the use of buildings and premises or the height of buildings, or the size of yards, or intensity of use are uniform. DRIVE-IN FOOD SHOP: Any building or premises used for the preparation and fast service of food for carry-out orders or for consumption on the premises. DWELLING: Any building, or portion thereof, which is designated or used exclusively for residential purposes, but does not include house trailers. DWELLING, MULTIPLE: A building or portion thereof designed for or occupied by three (3) or more families. DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one (1) family. DWELLING, TWO-FAMILY: A building designed for or occupied exclusively by two (2) families. FAMILY: One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but two (2) of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel as defined in this Section. FARM: A parcel of land used for growing or raising of agricultural products, including related structures thereon, and including the keeping of farm animals incidental to this use. FILLING STATION: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts or accessories but not including major repair work such as motor replacement, body and fender repair or spray painting. FLOODPLAIN: A geographic area susceptible to periodic inundation from overflow of natural waterways as determined by or as extended from the St. Louis County 1964 Flood Elevation Study. FRONTAGE: All the property on one (1) side of a street, between two (2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead-end of the street. GARAGE, PRIVATE: An accessory building housing not to exceed four (4) motor-driven vehicles, owned by the owner or occupant of the property. GARAGE, PUBLIC: Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. GARAGE, STORAGE: Any building or premises used for housing of motor-driven vehicles owned by persons residing on the premises where the garage is located and not open to transients and at 286.28 which automobile fuels and oils are not to be sold, and motor-driven vehicles are not equipped, repaired, hired or sold. 286.28 § 405.030 Zoning Regulations GRADE: The average level of the finished surface of the ground adjacent to the exterior front wall of the building. When a wall is approximately parallel to and not more than five (5) feet from a street line, it is considered as adjoining the street. For buildings having a wall adjoining a street, the grade is the elevation of the sidewalk at the center of the adjoining wall. For buildings having walls adjoining more than one (1) street, the grade is the average of the elevations of the sidewalks at the centers of the adjoining walls. GROUP HOME: Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. HOME OCCUPATION: Any occupation or activity carried on by a member of the immediate family or household, residing on the premises, in connection with which there is used no sign other than a nameplate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is utilized in part for any purpose other than that of a dwelling; there is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is permissible for purely domestic or household purposes; and no commercial vehicle used in connection with a home occupation shall be stored or parked except within a private garage. In particular, a home occupation includes the following: art studio; dressmaking; professional office of a physician, surgeon, dentist, lawyer, clergyman or other professional person; teaching, with musical instruction limited to not more than two (2) pupils at a time. However, a home occupation shall not be interpreted to include barber shops, beauty parlors, tourist homes, restaurants, TV, radio and electrical or mechanical appliance repair, convalescent or nursing homes, massage, housing, breeding or selling of animals or other establishment offering services to the general public. HOSPITAL: An institution providing medical and surgical care for humans only, for both in and out patients, including medical service, training and research facilities. HOTEL: A building in which lodging is provided and offered to the public (usually transient) for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person present and in charge at all hours. INSTITUTION: A building occupied by a non-profit corporation or non-profit establishment for public use. KENNEL: The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping four (4) or more cats over four (4) months of age, or the keeping of a combined total of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined. LOADING SPACE: An off-street space on the same lot with the building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. 286.28 LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings, except as may otherwise be 286.28 § 405.030 Moline Acres City Code provided in this Chapter, the open spaces and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines. The front lot line shall be the same as the street line. LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets, as distinguished from corner lot. LOT, WIDTH OF: For purposes of determining the width of a lot, the mean horizontal distance between side lot lines shall be measured at the building line. LOT OF RECORD: A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Chapter. MOTEL: A building or buildings in which lodging is provided and offered to the public (usually transient) for compensation and in which ingress and egress to the rooms may be made without passing through an inside lobby or an office supervised by a person present and in charge at all time. A roadside hotel for motorists. NON-CONFORMING USE: Any building or land lawfully occupied by a use at the time of passage of this Chapter, July 11, 1972, or amendment thereto, which does not conform after the passage of this Chapter, or amendments thereto, with the regulations of the districts in which it is situated. PARKING SPACE: A durably impervious and dust-free surfaced area enclosed in the main building, in an accessory building or unenclosed sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than three hundred (300) square feet including the necessary access driveways exclusive of a durably impervious and dust-free surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. PLACE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property. RESTAURANT: Any building used for the preparation and serving of food to the general public in which such food is consumed at seating spaces provided within the building, but such premises shall not be used for consumption of food in open spaces outside the building or in automobiles. STREET: All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public easements therefor. STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above, then the space between the floor and the ceiling next above it. STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and 286.28 wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below. 286.28 § 405.030 Zoning Regulations STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street. STRUCTURAL ALTERATIONS: Any changes in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. STRUCTURE: Any constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, fences, decorative or perimeter walls, privacy or other screens, backstops for tennis courts and pergolas. Slabs and paving shall also be considered as structures for the purposes of this Chapter. TOURIST OR TRAILER CAMP: An area containing one (1) or more structures designed or intended to be used as temporary living facilities of two (2) or more families and intended primarily for automobile transients or providing spaces where two (2) or more auto trailers can be parked. YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. YARD, FRONT: A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps, roof overhang, portico or entrance way. YARD, REAR: A yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. On narrow corner lots the rear yard may be, at the discretion of the Code Enforcement Officer, at the side if proper screening is provided. YARD, SIDE: A yard between the main building and side line of the lot and extending from the front lot line to the rear lot line. (Ord. No. 330 Art. I §B, 7-11-72) ARTICLE II. DESIGNATION OF DISTRICTS AND DISTRICT PROVISIONS SECTION 405.040: DIVISION INTO DISTRICTS In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specified uses; to regulate and limit the height and build of buildings; to regulate and limit the intensity of the use of lots; and to regulate and limit the intensity of yards, courts and other open spaces within and surrounding buildings, the City is hereby divided into districts of which there shall be ten (10) in number, known as: "R-1" Single-Family Dwelling District. "R-2" Single-Family Dwelling District. "R-3" Single-Family Dwelling District. 286.28 "R-4" Single-Family Dwelling District. "M-1" Duplex Dwelling District. "M-2" Multiple-Family Dwelling District. "C-1" Local Business District. 286.28 § 405.040 Moline Acres City Code "C-2" Commercial District. "C-3" Planned Commercial District. "I" Industrial District. (Ord. No. 330 Art. IV §1, 7-11-72) SECTION 405.050: DISTRICT MAP ADOPTED The boundaries of the districts are shown upon the map on file in the office of the City Clerk, which is designated as the "District Map". The District Map and all the notations, references and other information shown thereon are hereby made a part of this Chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the City Clerk. (Ord. No. 330 Art. IV §2, 7-11-72) SECTION 405.060: CLASSIFICATION OF NEWLY ANNEXED TERRITORY All territory which may hereafter be annexed to the City of Moline Acres shall automatically be classed as having the same land use regulations; height regulations; area regulations; front, side and rear yard regulations; and intensity of use regulations as authorized by the Zoning Ordinance or orders in effect under the jurisdiction of the County Council of St. Louis County at the time the area is incorporated, until such classification shall have been changed by ordinance of the City of Moline Acres as provided by law. (Ord. No. 330 Art. IV §3, 7-11-72) SECTION 405.070: PROCEDURE ON VACATION OF PUBLIC WAYS Whenever any street, alley or other public way is vacated by official action of the Board of Alderpersons, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and hence forth be subject to all appropriate regulations of the extended districts. (Ord. No. 330 Art. IV §4, 7-11-72) SECTION 405.080: COMPLIANCE WITH CHAPTER REQUIRED, EXCEPT AS HEREINAFTER PROVIDED A. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. B. No building shall be erected, converted, enlarged, reconstructed or structurally altered to the extent specifically provided hereinafter except in conformity with the parking and loading regulations established in this Chapter for the district in which the building is located. C. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established in this Chapter for the district in which the building is located. 286.28 D. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. 286.28 § 405.080 Zoning Regulations E. No building, structure, grading, paving or drainage shall be constructed, erected, converted, enlarged, reconstructed or structurally altered except in conformity with the provisions of this Chapter and until a permit for the work has been issued by the Code Enforcement Officer. F. The minimum yards, parking spaces and other open spaces, including lot area per family required by this Chapter for each and every building existing at the time of passage of this Chapter, July 11, 1972, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located. G. Every building hereafter erected or structurally altered shall be located on a lot as defined in Section 405.030 and in no case shall there be more than one (1) main building on one (1) lot, unless otherwise provided in this Chapter. H. No building of permanent nature shall be constructed in flood plain. (Ord. No. 330 Art. IV §5, 7-11- 72) SECTION 405.090: RULES WHERE UNCERTAINTY MAY ARISE WITH REFERENCE TO BOUNDARIES OF DISTRICTS Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map made a part of this Chapter, the following rules apply: 1. The district boundaries are either streets or alleys, unless otherwise shown, and where the districts designated on the District Map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. 2. Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts, unless the boundaries are otherwise indicated on the map. 3. In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map. (Ord. No. 330 Art. II §6, 7-11-72) ARTICLE III. "R-1" SINGLE-FAMILY DWELLING DISTRICT SECTION 405.100: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. V §1, 7-11-72) 286.28 SECTION 405.110: USE REGULATIONS Except as otherwise provided in this Chapter, a building or premises shall be used only for the following purposes: 286.28 § 405.110 Moline Acres City Code 1. Single-family dwellings. 2. Parks, playgrounds and community and service buildings owned or operated by public agencies; but not including lodges, fraternities, meeting halls relating to same or similar uses. 3. Public libraries. 4. Public schools, elementary and high, and educational institutions having a curriculum similar to that ordinarily given in public schools. 5. Golf courses, except miniature courses and driving tees operated for commercial purposes. 6. Churches, but only when off-street parking space is provided upon the lot or within one hundred (100) feet thereof. 7. Church or public building bulletin boards and temporary signs appertaining to the lease, hire or sale of the building or premises, not exceeding ten (10) square feet in area. 8. Farms, truck gardening, nurseries, greenhouses; provided however, that no poultry or livestock shall be housed or confined within one hundred fifty (150) feet of any single-family dwelling that is located upon any adjoining or nearby lot. 9. Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including quarters for servants employed on the premises, private garages and stables, except that any detached accessory building shall be located not less than sixty (60) feet from any front lot line or a distance not to exceed one-half (½) the depth of a shallow lot, but in no case shall an accessory building project beyond the building line established by an existing main structure upon a lot. Accessory buildings shall be no closer than three (3) feet to the rear property line. 10. Other uses not detrimental to the character of the district may be permitted by conditional use permit only as set forth in Article XIV of this Chapter. 11. Group homes. Provided that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. No group home shall be located within two thousand five hundred (2,500) feet of another group home. Group homes shall be eleemosynary or not-for-profit in nature. (Ord. No. 330 Art. V §2, 7-11-72) SECTION 405.120: PARKING REGULATIONS Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. V §3, 7-11-72) SECTION 405.130: HEIGHT REGULATIONS No building shall exceed two (2) stories or twenty-eight (28) feet in height, except as provided in Article XIII. (Ord. No. 330 Art. V §4, 7-11-72) 286.28 286.28 § 405.140 Zoning Regulations SECTION 405.140: AREA REGULATIONS A. Front Yard. 1. There shall be a front yard having a depth of not less than forty-five (45) feet except as provided in Article XIII. 2. Where lots have double frontage, the required front yard shall be provided on both streets. 3. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except the buildable width of such lot shall not be reduced to less than thirty-two (32) feet. No accessory building shall project beyond the front line on either street. B. Side Yard. 1. Except as hereinafter provided in the following paragraph and in Article XIII, there shall be a side yard on each side of a building having a width of not less than fifteen (15) feet. 2. Whenever a lot of record existing at the time of passage of this Chapter, July 11, 1972, has a width of sixty (60) feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no case shall it be less than three (3) feet. C. Rear Yard. Except as provided in Article XIII, there shall be a rear yard having a depth of not less than thirty-five (35) feet or twenty percent (20%) of the depth of the lot, whichever is larger, but it need not exceed fifty (50) feet in depth. D. Intensity Of Use. Every lot shall have an area of not less than twenty thousand (20,000) square feet, and a frontage of not less than one hundred (100) feet, except that if a lot has less area or width than herein required and its boundary lines along their entire length abutted upon lands under other ownership on July 11, 1972, and such condition shall have remained unchanged, such lot may be used for any purpose permitted in this Article. Every dwelling erected within the City of Moline Acres shall have a minimum ground floor area of not less than one thousand (1,000) square feet exclusive of unroofed or roofed porches or breezeways and garages and shall provide indoor sanitary facilities. (Ord. No. 330 Art. V §5, 7-11-72) ARTICLE IV. "R-2" SINGLE-FAMILY DWELLING DISTRICT SECTION 405.150: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "R-2" Single-Family Dwelling District. (Ord. No. 330 Art. VI §1, 7-11-72) 286.28 SECTION 405.160: USE REGULATIONS The use regulations are the same as those in the "R-1" Single-Family Dwelling District. 286.28 § 405.170 Moline Acres City Code SECTION 405.170: AREA REGULATIONS A. Front Yard. The front yard regulations are the same as those in the "R-1" Single-Family Dwelling District except the required front yard shall not be less than thirty (30) feet in depth. B. Side Yard. 1. Except as hereinafter provided in the following paragraph and in Article XIII, there shall be a side yard on each side of a building having a width of not less than seven (7) feet. 2. Whenever a lot of record existing at the time of passage of this Chapter, July 11, 1972, has a width of sixty (60) feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no case shall it be less than three (3) feet. C. Rear Yard. Except as provided in Article XIII, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet. D. Intensity Of Use. Every lot shall have an area of not less than ten thousand (10,000) square feet and an average width of not less than seventy (70) feet, except that if a lot has less area or width than herein required and its boundary lines along their entire length abutted upon lands under other ownership on July 11, 1972, and such condition shall have remained unchanged, such lot may be used for any purpose permitted in this Article. Every dwelling erected within the City of Moline Acres shall have a minimum ground floor area of not less than one thousand (1,000) square feet exclusive of unroofed or roofed porches or breezeways and garages and shall provide indoor sanitary facilities. (Ord. No. 330 Art. VI §2, 7-11-72) SECTION 405.180: PARKING REGULATIONS Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. VII §3, 7-11-72) SECTION 405.190: HEIGHT REGULATIONS The height regulations are the same as those in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. VII §4, 7-11-72) ARTICLE V. "R-3" SINGLE-FAMILY DWELLING DISTRICT SECTION 405.200: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "R-3" Single-Family Dwelling District. (Ord. No. 330 Art. 286.28 VII §1, 7-11-72) 286.28 § 405.210 Zoning Regulations SECTION 405.210: USE REGULATIONS The use regulations are the same as those in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. VII §2, 7-11-72) SECTION 405.220: PARKING REGULATIONS Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. VII §3, 7-11-72) SECTION 405.230: HEIGHT REGULATIONS The height regulations are the same as those in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. VII §4, 7-11-72) SECTION 405.240: AREA REGULATIONS A. Front Yard. The front yard regulations are the same as those in the "R-1" Single-Family Dwelling District except the required front yard shall not be less than thirty (30) feet in depth. B. Side Yard. 1. Except as hereinafter provided in the following paragraph and in Article XIII, there shall be a side yard on each side of a building having a width of not less than six (6) feet. 2. Whenever a lot of record existing at the time of passage of this Chapter, July 11, 1972 has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the lot, but in no instance shall it be less than three (3) feet. C. Rear Yard. Except as provided in Article XIII, there shall be a rear yard having a depth of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty (40) feet in depth. D. Intensity Of Use. Every lot shall have an area of not less than seventy-five hundred (7,500) square feet and an average width of not less than sixty (60) feet, except that if a lot has less area or width than herein required and its boundary lines along their entire length abutted upon lands under other ownership on July 11, 1972, and such condition shall have remained unchanged, such lot may be used for any purpose permitted in this Article. Every dwelling erected within the City of Moline Acres shall have a minimum ground floor area of not less than one thousand (1,000) square feet exclusive of unroofed or roofed porches or breezeways and garages and shall provide indoor sanitary facilities. (Ord. No. 330 Art. VII §5, 7-11-72) 286.28 § 405.250 Moline Acres City Code ARTICLE VI. "R-4" SINGLE-FAMILY DWELLING DISTRICT SECTION 405.250: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "R-4" Single-Family Dwelling District. (Ord. No. 330 Art. VIII §1, 7-11-72) SECTION 405.260: USE REGULATIONS The use regulations are the same as those in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. VIII §2, 7-11-72) SECTION 405.270: PARKING REGULATIONS Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. VIII §3, 7-11-72) SECTION 405.280: HEIGHT REGULATIONS The height regulations are the same as those in the "R-1" Single-Family Dwelling District. (Ord. No. 330 Art. VIII §4, 7-11-72) SECTION 405.290: AREA REGULATIONS A. Front Yard. The front yard regulations are the same as those in the "R-1" Single-Family Dwelling District except the required front yard shall not be less than twenty-five (25) feet in depth. B. Side Yard. 1. Except as hereinafter provided in the following paragraph and in Article XIII, there shall be a side yard on each side of a building having a width of not less than five (5) feet. 2. Wherever a lot of record existing at the time of passage of this Chapter, July 11, 1972, has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet. C. Rear Yard. Except as provided in Article XIII, there shall be a rear yard having a depth of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty (40) feet in depth. D. Intensity Of Use. Every lot shall have an area of not less than six thousand (6,000) square feet and 286.28 an average width of not less than fifty (50) feet, except that if a lot has less area or width than herein required and its boundary lines along their entire length abutted upon lands under other ownership on July 11, 1972, and such lot may be used for any purpose permitted in this Article. Every dwelling erected within the City of Moline Acres shall have a minimum ground floor area of not less 286.28 § 405.290 Zoning Regulations than eight hundred (800) square feet, exclusive of unroofed or roofed porches or breezeways and garages and shall provide indoor sanitary facilities. (Ord. No. 330 Art. VIII §5, 7-11-72) ARTICLE VII. "M-1" DUPLEX DWELLING DISTRICT SECTION 405.300: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "M-1" Duplex Dwelling District. (Ord. No. 330 Art. IX §1, 7-11-72) SECTION 405.310: USE REGULATIONS A building or premises shall be used only for the following purposes: 1. Any use permitted in the "R-1" Single-Family Dwelling District. 2. Two-family dwelling. 3. Other uses not detrimental to the character of the district may be permitted by conditional use permit only as set forth in Article XIV of this Chapter. (Ord. No. 330 Art. IX §2, 7-11-72) SECTION 405.320: PARKING REGULATIONS Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. IX §3, 7-11-72) SECTION 405.330: HEIGHT REGULATIONS The height regulations are the same as those in the "R-1" Single-Family Dwelling District. No building shall exceed twenty-eight (28) feet in height or two (2) stories except as provided in Article XIII. (Ord. No. 330 Art. IX §4, 7-11-72) SECTION 405.340: AREA REGULATIONS A. Front Yard. The front yard regulations are the same as those in the "R-1" Single-Family Dwelling District except the required front yard shall not be less than twenty-five (25) feet in depth. B. Side Yard. 1. Except as hereinafter provided in the following paragraph and in Article XIII of this Chapter, there shall be a side yard on each side of a building having a width of not less than seven (7) 286.28 feet. 2. Wherever a lot of record existing at the time of the passage of this Chapter, July, 11, 1972, has a width of fifty (50) feet or less, the side yard in no instance shall be less than five (5) feet. 286.28 § 405.340 Moline Acres City Code C. Rear Yard. Except as provided in Article XIII of this Chapter, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever is larger, but it need not exceed forty-five (45) feet in depth. D. Intensity Of Use. 1. A lot on which there is erected a single-family dwelling shall contain an area of not less than seventy-five hundred (7,500) square feet. 2. A lot on which there is erected a two-family dwelling shall contain an area of not less than thirty-seven hundred fifty (3,750) square feet per family. 3. Where a lot has less area than herein required and was of record at the time of the passage of this Chapter, that lot may be used for single-family dwelling and truck gardening purposes. (Ord. No. 330 Art. IX §5, 7-11-72) SECTION 405.350: BUILDING PLANS All buildings shall have plans sealed by a registered architect or engineer. (Ord. No. 330 Art. IX §6, 7-11-72) ARTICLE VIII. "M-2" MULTIPLE DWELLING DISTRICT SECTION 405.360: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the district regulations in the "M-2" Multiple Dwelling District. (Ord. No. 330 Art. X §1, 7-11-72) SECTION 405.370: USE REGULATIONS A building or premises shall be used only for the following purposes: 1. Any use permitted in the "M-1" Duplex Dwelling District. 2. Multiple dwelling. 3. Other uses not detrimental to the character of the district may be permitted by conditional use permit only as set forth in Article XIV of this Chapter. (Ord. No. 330 Art. X §2, 7-11-72) SECTION 405.380: PARKING REGULATION Off-street parking space shall be provided in accordance with the requirements for specific uses set 286.28 forth in Article XVIII. (Ord. No. 330 Art. X §3, 7-11-72) 286.28 § 405.390 Zoning Regulations SECTION 405.390: HEIGHT REGULATIONS No building shall exceed three (3) stories or fifty (50) feet in height except as provided by Article XIII. (Ord. No. 330 Art. X §4, 7-11-72) SECTION 405.400: AREA REGULATIONS A. Front Yard. The front yard regulations are the same as those in the "M-1" Duplex Dwelling District. B. Side Yard. The side yard regulations are the same as those in the "M-1" Duplex Dwelling District. C. Rear Yard. The rear yard regulations are the same as those in the "M-1" Duplex Dwelling District. D. Intensity Of Use. 1. A lot on which there is erected a single-family dwelling or two-family dwelling shall have the same regulations as those in the "M-1" Duplex Dwelling District. 2. A lot on which there is erected a multiple dwelling shall contain an area of not less than three thousand (3,000) square feet per family. 3. Where a lot has less area than herein required and was of record at the time of the passage of this Chapter, July 11, 1972, that lot may be used for single-family dwelling and truck gardening purposes. (Ord. No. 330 Art. X §5, 7-11-72) SECTION 405.410: BUILDING PLANS All buildings shall have plans sealed by a registered architect or engineer. (Ord. No. 330 Art. X §6, 7-11-72) ARTICLE IX. "C-1" LOCAL BUSINESS DISTRICT SECTION 405.420: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are regulations in "C-1" Local Business District. The "C-1" Local Business District is intended to authorize the provisions of certain limited sales and service facilities located in residential communities and constituting a convenience to residents in the immediate neighborhood only. This Section contains the district regulations of the "C-1" Local Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter and are incorporated as part of this Section. (Ord. No. 330 Art. XI §1, 7-11-72) 286.28 § 405.430 Moline Acres City Code SECTION 405.430: USE REGULATIONS A building or premises shall be used only for the following purposes: 1. Any use permitted in the "R-1" Single-Family Dwelling District. 2. Two-family dwellings as permitted under Article VII, "M-1" Duplex Dwelling District regulations. 3. Stores and shops in which food stuff, beverages, pharmaceuticals, household supplies and personal-use items are sold directly to the public for consumption elsewhere than on the premises; providing that the total gross floor area of any store or shop shall not exceed two thousand five hundred (2,500) square feet in area, exclusive of basements which shall not be used for sales space. 4. Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combinations thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Plan and Zoning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Plan and Zoning Commission. 5. Business, information and directional signs relating only to the occupancy on the premises and as further regulated by Article XV "Signs" of this Chapter. 6. Fire stations. 7. Accessory buildings. a. Accessory buildings and uses customarily incident to the above uses. b. Any building used primarily for any of the above-enumerated purposes may have not more than forty percent (40%) of the floor area devoted to industry or storage purposes incidental to such primary use; provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use. (Ord. No. 330 Art. XI §2, 7- 11-72) SECTION 405.440: CONDITIONAL LAND USE AND DEVELOPMENT PERMITS Conditional land use and development permits may be permitted under conditions and requirements specified in Conditional Use Permits, Article XIV of this Chapter for the following: 1. Neighborhood barber shops and beauty parlors. 2. Dry cleaning pickup stations. Dry cleaning processing prohibited. 286.28 3. Restaurants. 4. All public utility facilities. 286.28 § 405.440 Zoning Regulations 5. Sewage treatment facilities. 6. All repair shops not permitted. (Ord. No. 330 Art. XI §3, 7-11-72) SECTION 405.450: PARKING AND LOADING REGULATIONS Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. XI §4, 7-11-72) SECTION 405.460: HEIGHT REGULATIONS No building shall exceed two (2) stories in height, except as otherwise provided in Article XIII of this Chapter. (Ord. No. 330 Art. XI §5, 7-11-72) SECTION 405.470: AREA REGULATIONS A. Front Yard. 1. There shall be a front yard having a depth of not less than that to the established building line or twenty-five (25) feet except as provided in Article XIII of this Chapter. 2. Where lots have a double frontage, the required front yard shall be provided on both streets. 3. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty-two (32) feet. No accessory building shall project beyond the front yard line on either street. B. Side Yard. 1. The side yard regulations for dwellings are the same as those for the adjoining residential zone or not less than those in "R-4" Single-Family Dwelling District. 2. In all other cases a side yard shall be not less than five (5) feet. C. Rear Yard. The rear yard regulations for dwellings are the same as those in the adjoining residential district but not less than those in the "R-4" Single-Family Dwelling District. Except as provided in Article XIII of this Chapter, wherever a lot is used for business or commercial purposes and abuts upon a dwelling district, there shall be a rear yard having a depth of not less than twenty-five (25) feet unless the lot is less than one hundred twenty-five (125) feet in depth, in which case the rear yard need not exceed twenty percent (20%) of the depth of such lot. D. Intensity Of Use. 1. A lot on which is erected a local business use, single-family or two-family dwelling shall contain an area of not less than six thousand (6,000) square feet. 286.28 286.28 § 405.470 Moline Acres City Code 2. The regulations of this paragraph shall apply to business uses and dwellings hereafter erected or structurally altered, including those above stores or commercial establishments. (Ord. No. 330 Art. XI §6, 7-11-72) SECTION 405.480: SCREENING AND SAFETY BARRIERS Screening and safety barriers as approved by the Code Enforcement Officer shall be provided for all commercial property adjoining residential property for the preservation of privacy, aesthetics and safety of life and property as appropriate. (Ord. No. 330 Art. XI §7, 7-11-72) SECTION 405.490: BUILDING PLANS All plans shall be sealed by a registered architect or engineer, or both as required. (Ord. No. 330 Art. XI §8, 7-11-72) ARTICLE X. "C-2" COMMERCIAL DISTRICT SECTION 405.500: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the regulations in the "C-2" Commercial District. The "C-2" Commercial District encompass areas wherein may be located such stores and service facilities as will provide a wide range of those goods and services usually used, consumed or needed in the home or by individuals. Within this district, it shall be the purpose of these regulations to facilitate the establishment of conditions suitable for the operating of business catering to the general public. This Section contains the district regulations of the "C-2" Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter and are incorporated as part of this Section by reference. (Ord. No. 330 Art. XII §1, 7-11-72) SECTION 405.510: USE REGULATIONS A building or premises shall be used only for the following purposes: 1. Any use permitted in the "C-1" Local Business District. 2. Stores, including indoor sale of motor vehicles; shops; (vehicle repair by conditional permit only); service facilities including automatic vending facilities; markets; offices; recreational facilities (excluding drive-in theaters, golf practice driving ranges, and outdoor swimming pools); restaurants (except drive-ins) and associated work and storage areas required to carry on business in which goods and services of any kind are offered for sale or hire to the general public on the premises. 3. Mortuaries. 286.28 4. Fire stations, postal stations, Police stations, and office buildings for governmental agencies. 286.28 § 405.510 Zoning Regulations 5. Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans have been approved by the Plan and Zoning Commission. 6. Business, information, advertising and directional signs relating only to the occupancy on the premises and further regulated by Article XV "Signs" of this Chapter. 7. Accessory buildings, land uses and activities customarily incident to any of the above uses. (Ord. No. 330 Art. XII §2, 7-11-72) SECTION 405.520: CONDITIONAL LAND USE AND DEVELOPMENT PERMITS Conditional land use and development permits may be permitted under conditions and requirements specified in Conditional Use Permits, Article XIV of this Chapter for the following: 1. Apartment dwelling units in buildings designed for and occupied primarily for commercial purposes, when open areas for the exclusive use of occupants of such apartments, protectively screened from commercial activities, are provided on the premises in a ratio of at least one (1) square foot of open area for each two (2) square feet of floor area contained in all apartment dwelling units. 2. Clinic and/or hospitals. 3. Hotels, including swimming pools and other customary services for guests. 4. Auto filling stations and repair shops. 5. Drive-in and carry-out food service establishments. 6. Children's amusement parks. 7. Highway Department garage. 8. Animal hospitals and clinics, excluding open kennels and exercise yards. 9. Auditoriums and theaters. 10. Sewage treatment facilities. 11. All public utility facilities. 12. Advertising signs. (Ord. No. 330 Art. XII §3, 7-11-72) SECTION 405.530: PARKING AND LOADING REGULATIONS 286.28 Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. XII §4, 7-11-72) 286.28 § 405.535 Moline Acres City Code SECTION 405.535: HEIGHT LIMITATIONS FOR STRUCTURES Unless otherwise restricted by application of regulations of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not be limited. (Ord. No. 330 Art. XII §5, 7-11-72) SECTION 405.540: AREA REGULATIONS A. Front Yard. There shall be a front yard having a depth of not less than fifty (50) feet except as provided in Article XIII of this Chapter. B. Intensity Of Use. 1. Every lot or tract of land shall have an area, exclusive of any area dedicated as public roadway, comprising not less than forty-five thousand (45,000) square feet; every lot or tract of land shall have a minimum width, measured at the roadway right-of-way line, of three hundred (300) feet, except that the minimum width may be measured at the building line for lots on a roadway curve. 2. Not more than twenty-five percent (25%) of the total area of any lot or tract of land used for any purpose in this district shall be covered by all the structures on such a lot or tract. 3. Hospitals shall be situated on tracts of land at least five (5) acres in area. 4. Advertising signs, by conditional use permit only, shall be situated on separate lots containing not less than twelve thousand (12,000) square feet, which lot shall contain no other use. 5. No structure, other than a permitted directional or information sign, or boundary walls or fences, higher than three (3) feet in height, shall be erected within fifteen (15) feet of any public roadway right-of-way line. In the case of corner lots, no structure exceeding thirty (30) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty (30) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. 6. No structure shall be erected within the side yard distance established by an adjoining "R" Residence District or within fifteen (15) feet of a property line adjoining property in any "R" Residence District. Any structure exceeding thirty (30) feet in height which adjoins property in an "R" Residence District, other than a public utility tower authorized by a conditional use permit, shall be set back from such property line in addition a distance of one (1) foot for every two (2) feet in height above thirty (30) feet. 7. Driveways shall be spaced no closer than one hundred (100) feet apart. (Ord. No. 330 Art. XII §6, 7-11-72; Ord. No. 580 §§1 2, 6-24-91) 286.28 SECTION 405.545: BUILDING PLANS All buildings shall have plans sealed by a registered architect or engineer. (Ord. No. 330 Art. XII §7, 7-11-72) 286.28 § 405.550 Zoning Regulations ARTICLE XI. "C-3" PLANNED COMMERCIAL DISTRICT SECTION 405.550: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are the regulations in the "C-3" Planned Commercial District. The "C-3" Planned Commercial District encompasses areas wherein may be located developments and uses permitted in any of the other "C" Commercial Districts. Within the Planned Commercial District, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other "C" Commercial District or the establishment of developments and uses in locations where it would be appropriate to the area if it were to take place under approved site plans and conditions necessary to protect the general welfare. This Section contains the district regulations of the "C-3" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. Minimum size tracts shall be three (3) acres. (Ord. No. 330 Art. XIII §1, 7-11-72) SECTION 405.555: ESTABLISHMENT OF PLANNED COMMERCIAL DISTRICT A. A Planned Commercial District may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the Board of Alderpersons and the final development plan is approved by the Plan and Zoning Commission and recorded in accordance with the requirements of this Section. B. A Planned Commercial District may be established by ordinance whenever the Board of Alderpersons determines that any particular tracts or areas should be developed for commercial use, but because of potential conflicts with adjoining uses existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts. (Ord. No. 330 Art. XIII §2, 7-11-72) SECTION 405.560: USE REGULATIONS In a Planned Commercial District, the uses permitted are only the uses permitted in any of the "C" Commercial Districts; however, the specific ordinance authorizing the establishment of a particular Planned Commercial District related to a specific tract of land may further limit the uses permitted on the tract. (Ord. No. 330 Art. XIII §3, 7-11-72) SECTION 405.565: OFF-STREET PARKING AND LOADING REQUIREMENTS The off-street parking and loading requirements for any use or building in a Planned Commercial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular Planned Commercial District. (Ord. No. 330 Art. XIII §4, 7-11-72) 286.28 SECTION 405.570: HEIGHT LIMITATIONS FOR STRUCTURES Unless otherwise restricted by other provisions of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular Planned Commercial District. (Ord. No. 330 Art. XIII §5, 7-11-72) 286.28 § 405.575 Moline Acres City Code SECTION 405.575: LOT AREA AND YARD REQUIREMENTS The lot area and yard requirements for any use or building in a Planned Commercial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular Planned Commercial District. (Ord. No. 330 Art. XIII §6, 7-11-72) SECTION 405.580: PERFORMANCE STANDARDS All uses established in a Planned Commercial District shall operate in accordance with the appropriate performance standards set forth by other ordinances of the City of Moline Acres. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular Planned Commercial District where the Board of Alderpersons determine that such restrictions are necessary to protect the general welfare. (Ord. No. 330 Art. XIII §7, 7-11-72) SECTION 405.585: SIGN REGULATIONS Specific sign regulations shall be contained in the conditions in each ordinance authorizing the establishment of a Planned Commercial District; however, in no instance shall they be less restrictive than required in any of the other "C" Commercial Districts. (Ord. No. 330 Art. XIII §8, 7-11-72) SECTION 405.590: PROCEDURE A. Petitions for establishment of a Planned Commercial District shall be made to the Board of Alderpersons and shall be referred to the Plan and Zoning Commission. The petitioner shall pay the same fee as that required of any other change of zoning. The petition shall be made on forms prescribed for this purpose by the City and shall be accompanied by a preliminary development plan and other information in such detail as to indicate the following: 1. Preliminary site plans showing proposed uses and structures. 2. Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum. 3. Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses. 4. Two (2) section profiles through the site showing preliminary building form. 5. The proposed ingress and egress to the site including adjacent streets. 6. A preliminary plan for provision of sanitation and drainage facilities. B. A public hearing shall be held by the Plan and Zoning Commission on the petition in the same manner and with the same public notice procedure as is required for any other change of zoning. No action shall be taken by the Board of Alderpersons with respect to the petition until it has received the recommendation of the Plan and Zoning Commission. 286.28 C. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establishment of the Planned Commercial District. 286.28 § 405.590 Zoning Regulations The conditions or restrictions shall include, but not be limited to: 1. Time limitations for submission of final development plans and commencement of construction as required by this Section. 2. Uses permitted in the district. 3. Performance standards for operation of the permitted uses. 4. Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the establishment of the district. D. After passage of an ordinance authorizing the establishment of a Planned Commercial District, the developer (petitioner) shall submit the final development plans within the period of time specified in the ordinance. The plans shall include such information as is required by the Plan and Zoning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent ordinance where applicable. E. After approval of the final development plan by the Plan and Zoning Commission, the plan shall be recorded by the developer as a Planned Commercial District together with conditions and restrictions of the ordinance authorizing the establishment of the district. F. No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required improvements are constructed or a performance bond or escrow is deposited covering the estimated cost of construction. If the Planned Commercial District is to be developed in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow is deposited covering the estimated cost of the improvements. G. If substantial construction or development of the district does not begin within the period of time specified in the conditions of the ordinance authorizing the establishment of the district, the Board of Alderpersons may, on its motion or on a recommendation of the Plan and Zoning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the Planned Commercial District classification. A public hearing, other than the required three (3) readings of a bill, is not required for this rezoning; however, the owner shall be notified of the proposed rezoning prior to the introduction of any bill for said rezoning. H. The time limitations specified in the ordinance authorizing the establishment of the Planned Commercial District for submission of final development plans and for completion of construction may be extended by the Board of Alderpersons for cause. I. After recording of a final development plan for a Planned Commercial District, changes not inconsistent with the purpose or intent of this Section may be approved by the Zoning Enforcement Officer. Changes affecting the purpose or intent of this Section shall require a new petition for a Planned Commercial District. J. The procedure to be followed in order to utilize land in a Planned Commercial District established by enactment of this Chapter or by subsequent ordinance where a Planned Commercial District is 286.28 established by the Board of Alderpersons upon its own initiative or by petition of the Plan and Zoning Commission shall be as follows: 286.28 § 405.590 Moline Acres City Code 1. The property owner shall file a petition for approval of a development plan for a Planned Commercial District. The petition shall be made on the forms prescribed by the City and procedures shall be the same as hereinbefore set forth in this Section. (Ord. No. 330 Art. XIII §9, 7-11-72) ARTICLE XII. "I" INDUSTRIAL DISTRICT SECTION 405.595: REGULATIONS GENERALLY The regulations set forth in this Article or set forth elsewhere in this Chapter when referred to in this Article are district regulations in the "I" Industrial District. (Ord. No. 330 Art. XIV §1, 7-11-72) SECTION 405.600: USE REGULATIONS A. A building or premises shall be used only for the following purposes: 1. Any use permitted in the "C-2" Commercial District except that a dwelling other than for a resident watchman or caretaker employed on the premises shall not be permitted. 2. Assembly plants. 3. Bakeries. 4. Bakery goods manufacturing or distributing. 5. Bookbinderies. 6. Candy manufacturing. 7. Canneries (except fish and meat products). 8. Ceramic products (previously pulverized clay, kilns fired only by electricity or gas). 9. Clothing manufacturing. 10. Cold storage or refrigerating plants. 11. Confectionery manufacturing. 12. Dairy products manufacturing. 13. Distributing plants. 14. Dress manufacturing. 15. Drugs manufacturing. 286.28 16. Electrical parts, assembly and manufacturing. 286.28 § 405.600 Zoning Regulations 17. Fiber products manufacturing (previously prepared fiber). 18. Food products manufacturing (except fish and meat products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils). 19. Foundry casting lightweight non-ferrous metal (no brass, manganese, bronze, zinc). 20. Garment manufacturing (previously manufactured cloth). 21. Glass products manufacturing. 22. Ice cream manufacturing. 23. Iron works, ornamental. 24. Laboratories, experimental. 25. Laundries. 26. Leather products manufacturing (previously prepared leather). 27. Machinery, farm sales, repairing and overhauling. 28. Milk bottling. 29. Paint mixing and treatment (not employing a boiling process). 30. Paper products manufacturing (previously prepared materials). 31. Parcel delivery services. 32. Pharmaceuticals manufacturing. 33. Plastic products manufacturing (previously prepared materials). 34. Printing establishments. 35. Radio and television broadcasting transmitters. 36. Sheetmetal products (light). 37. Sign painting shops. 38. Soft drink manufacturing or bottling. 39. Textile products manufacturing. 40. Tire retreading, recapping or rebuilding. 286.28 41. Tool manufacturing. 42. Toy manufacturing. 286.28 § 405.600 Moline Acres City Code 43. Warehouse or storage building. 44. Wholesale business. 45. Wood products manufacturing (assembling work and finishing). 46. Other uses similar to the above when authorized by the Board of Alderpersons by amendment of this Chapter as provided in Section 405.705, Article XX. 47. Accessory buildings and uses customarily incidental to above uses. 48. Design and manufacturing of airplanes, missiles, and other aircraft electronic devices, and equipment, parts and equipment for the foregoing, and of related products and the fabrication, whether or not connected with such design and manufacture, of metal, wood, plastics or similar materials. Subject, however, that no airplanes, missiles or engines be tested in any manner which may be objectionable under Subsection (B) of this Section, and subject further, that no aircraft or missiles take off or land in this zone. 49. Public utility structures except power plants. B. All uses permitted in this district shall be allowed only under the condition that they shall never be objectionable due to odor, dust, smoke, noise, vibration or other similar causes nor declared a nuisance in any court of record. (Ord. No. 330 Art. XIV §2, 7-11-72) SECTION 405.605: PARKING AND LOADING REGULATIONS Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII. (Ord. No. 330 Art. XIV §3, 7-11-72) SECTION 405.610: HEIGHT REGULATIONS No building shall exceed six (6) stories or ninety (90) feet in height, except as otherwise provided in Article XIII of this Chapter. (Ord. No. 330 Art. XIV §4, 7-11-72) SECTION 405.615: AREA REGULATIONS A. Front Yard. 1. There shall be a front yard having a depth of not less than thirty (30) feet except as provided in Article XIII of this Chapter. 2. Where all the frontage on one (1) side of the street between two (2) intersecting streets is located in the industrial district, no front yard shall be required. Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in the industrial district and partly in a dwelling district, the front yard requirements of the dwelling district shall apply. 286.28 B. Side Yard. No side yard is required except where a lot abuts on a dwelling district in which case there shall be a side yard of not less than five (5) feet, but in no case less than the side yard 286.28 § 405.615 Zoning Regulations specified for the adjoining residential district. C. Rear Yard. A rear yard of a minimum of twenty (20) feet is required or twenty percent (20%) of the lot depth, whichever is greater, except that no back yard larger than sixty (60) feet shall be required. (Ord. No. 330 Art. XIV §5, 7-11-72) SECTION 405.620: BUILDING PLANS All building projects shall have plans sealed by a registered architect or engineer. (Ord. No. 330 Art. XIV §6, 7-11-72) ARTICLE XIII. SUPPLEMENTAL REGULATIONS Cross Reference As to placement of apparel or bedding on or around windows, see §210.740. SECTION 405.625: ADDITIONAL HEIGHT AND AREA REGULATIONS A. The district regulations hereinafter set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter. B. Public Buildings. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet above grade and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet above grade of additional building height above the height limit otherwise provided in the district in which the building is located. C. Lofts, Tanks, Towers, Etc. Chimneys, church steeples, radio and television (including private) antennae, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, watertowers, grain elevators or necessary mechanical appurtenances may be erected to any height in accordance with existing or hereafter adopted ordinances of the City of Moline Acres, Missouri. D. Accessory Buildings. 1. Accessory buildings not exceeding twenty (20) feet in height may occupy not to exceed twenty- five percent (25%) of the area of a required rear yard. 2. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises. E. Temporary Buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such 286.28 temporary buildings shall be removed upon completion of the construction work. F. Storage Buildings. Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts. 286.28 § 405.625 Moline Acres City Code G. Residential Basements. No basement shall be occupied for residential purposes until the remainder of the building has been substantially completed. H. Related Buildings. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential or institutional purposes, there may be more than one (1) main building on the lot; provided however, that the open space between the buildings that are parallel, perpendicular, or within forty-five degrees (45°) of being parallel shall have a minimum distance separation of: thirty (30) feet for one-story buildings; forty (40) feet for two-story buildings; fifty (50) feet for three-story buildings, unless conditions under a planned environmental unit permit indicate otherwise. I. Commercial Or Industrial Buildings. Where a lot or tract is used for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located. J. Yards. 1. Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting shall not exceed thirty-six (36) inches to the front and rear yards. 2. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground floor (first) story may project into a required yard, provided these projections and all surface paving and slabs be distant at least two (2) feet from the adjacent side lot line. K. Yard, Front. 1. An open unenclosed porch not more than one (1) story in height or paved terrace may project into the required front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four (4) feet. 2. The front yards heretofore established shall be adjusted in the following cases: a. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established. b. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then: (1) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) 286.28 sides, or 286.28 § 405.625 Zoning Regulations (2) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building. L. Yard, Side. 1. For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot. 2. For terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground floor (first) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line. 3. No side yards are required where dwelling units are erected above commercial and industrial structures. M. Yard, Rear. Open lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys, and flues into the required rear yard not more than five (5) feet are permitted. N. Employees. Whenever the number of employees is restricted in connection with any use in the commercial or local business districts, such maximum number applies only to employees engaged in processing or treating materials or products on the premises and not to employees engaged in selling, clerical, delivery or similar activities. (Ord. No. 330 Art. XV §§1 14, 7-11-72) SECTION 405.626: DAY CARE FACILITIES A. All day care facilities shall be in an area zoned commercial. B. All day care facilities shall obtain a business license prior to commencing its operation. C. The City shall not allow for the issuance of more than five (5) business licenses for day care facilities at any given time. D. For the purposes of this Section, "day care facility" shall mean providing supervision of three (3) or more children in any structure for a fee. (Ord. No. 987 §§1 4, 2-12-08) SECTION 405.627: CHECK CASHING, PAYDAY LOANS AND PERSONAL CREDIT INSTITUTIONS A. All payday loan, check cashing, pawnshops and personal credit institutions shall be in an area zoned exclusively commercial. B. All payday loan, check cashing, pawnshops and personal credit institutions shall obtain a business license from the Board of Alderpersons prior to commencing its operation. 286.28 C. The Board of Alderpersons shall not allow for the issuance of more than one (1) business license for payday loan establishments, check cashing establishments, pawnshop establishments or personal credit institutions at any given time. (Ord. No. 988 §§1 3, 2-12-08; Ord. No. 1006 §§1 3, 12-9-08) 286.28 § 405.630 Moline Acres City Code ARTICLE XIV. CONDITIONAL USE PERMITS SECTION 405.630: CONDITIONAL USE REGULATIONS A. In addition to the buildings or uses herein permitted, the following uses may be permitted in the various districts under the conditions set out in this Article. B. In All Districts. 1. Any public building erected or used by any department of the City, school district, County, State or Federal Government. 2. Hospitals, clinics and institutions, including educational, religious and philanthropic institutions and convalescent homes, provided however, that such buildings occupy not over forty percent (40%) of the total area of the lot, and provided further that the building shall be set back from all yard lines a distance of not less than one (1) foot for each two (2) feet of additional building height, and that adequate off-street parking space be provided. 3. Community buildings or recreation fields. 4. Private recreational uses where buildings do not cover more than five percent (5%) of the area of the site. 5. Parking lots on land located not more than three hundred (300) feet from any commercial or local business district. 6. Cemeteries. 7. Other uses of the same general character as those listed in a particular district. Any use so determined shall be regarded as a listed use. C. In Duplex, Multiple-Family, Local Business, Commercial Districts. Private schools, including nursery, pre-kindergarten, kindergarten, play and special schools. D. In Multiple-Family Dwelling Districts. Multi-storied apartment buildings, if their site locations, height and development plans are first approved, with these limitations: 1. Use regulations. a. Multiple-family structures. b. Business found in Local Business District, Article IX, Section 405.430 of this Chapter. c. Coin-operated washers, extractors and dryers for use by residents of the premises only, and the same shall not be advertised for use by customers who do live on the premises. d. Recreation buildings or structures. 286.28 2. Parking and loading regulations. a. Off-street parking and loading spaces shall be provided in accordance with the 286.28 § 405.630 Zoning Regulations requirements for specific uses set forth in Article XVIII of this Chapter. b. Underground parking may be provided. 3. Area regulations. a. Front yard. The front yard regulations are the same as those in the "R-1" Single-Family Dwelling District, except the required front yard shall not be less than thirty (30) feet. b. Side yard. The side yard regulations, except as provided for in Article XIII of this Chapter, shall not be less than ten (10) feet. c. Rear yard. The rear yard regulations, except as provided for in Article XIII of this Chapter, shall require a depth of not less than thirty (30) feet or twenty percent (20%) of the lot, whichever is greater, but need not exceed forty-five (45) feet in depth. 4. Intensity of use. Every lot shall have an area of not less than twenty thousand (20,000) square feet and an average width of not less than one hundred (100) feet, and there shall be a minimum floor area of five hundred (500) square feet per dwelling unit. E. In Commercial And Industrial Districts. 1. Roadside stands and recreational activities for temporary or seasonable periods. 2. Clubs and semi-public buildings. 3. Conditional uses listed in commercial district regulations. F. In Commercial Districts. Trailer or tourist camps, but only in the Commercial District, provided that: 1. The number of trailers or tourist cabins, or both, shall not exceed the number obtained by dividing the total square foot area of the site by twelve hundred (1,200). 2. A distance of at least twenty (20) feet be maintained between buildings, between trailers, and between trailers and buildings. 3. Each tourist cabin unit shall have a minimum enclosed floor area of two hundred (200) square feet and be provided with heating facilities installed subject to approval by the Code Enforcement Officer. 4. Each trailer camp providing sanitary facilities and water supply in accordance with the standards of and meeting the approval of the City Health Officer. No special permit for a trailer camp shall be granted until the plans have been approved by the City Health Officer. No certificate of occupancy shall be granted until after the City Health Officer certifies compliance with the City health requirements. All special permits for trailer camps shall be temporary and shall be valid only during the period that the camp complies with the requirements of the City Health Officer. 286.28 G. In Commercial And Industrial Districts. 1. Commercial radio and television towers and broadcasting stations and power lines towers. 286.28 § 405.630 Moline Acres City Code 2. Extraction of sand, gravel, coal or other raw materials and the processing of those raw materials extracted on the premises. H. In Industrial Districts. Airport or landing field. I. Permits Required For Conditional Uses Listed In This Article. 1. Applications. Applications for permits for new construction, extensions or alteration of existing uses and uses previously authorized by this Article with site plan and necessary descriptive material relating to the intensity and extent of use shall be made to the Board of Alderpersons who shall forthwith refer the application to the Plan Commission to investigate and report as to the effect of such building or use upon: traffic; fire hazards; character of the neighborhood; general welfare of the community. Such report and recommendation shall be filed with the Board of Alderpersons within thirty (30) days of the day of reference to said Commission. 2. Public hearing. Upon receipt of the report and recommendations of the Plan Commission, the Board of Alderpersons shall hold a public hearing in relation to the matter, shall give notice of the time and place thereof by causing a notice thereof to be published in a newspaper having general circulation in the City, or in a newspaper otherwise qualified for legal notices and said notice shall appear at least fifteen (15) days prior to the date of such hearing. 3. Fee. A fee of one hundred fifty dollars ($150.00) shall be paid to the City at the time of filing an application for a special permit, which said fee shall not be returned to the applicant whether or not the application is approved. 4. Conditions for approval. After such hearing the Board of Alderpersons shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood. d. Adversely affect the general welfare of the community. e. Overtax public utilities. If the Board of Alderpersons' findings be negative as to all the subjects referred to in (a), (b), (c), (d), and (e) above, then the application shall be granted; if affirmative as to any subject, then such permit shall be denied. 5. Duration of permit. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. The Board of Alderpersons may issue a permit for conditional uses listed in this Article that will be valid for a stated period. Such permit may be extended by the Board of Alderpersons at their discretion. (Ord. No. 330 Art. XVI §§1 9, 7-11-72) 286.28 § 405.635 Zoning Regulations ARTICLE XV. SIGNS SECTION 405.635: DISTRICT SIGN REGULATIONS A. General. Any sign hereafter erected or maintained shall conform to the provisions of this Section or any ordinance of the City relating thereto. B. Signs In Residential District. 1. It shall be unlawful for any person, firm, corporation or organization to cause or permit any sign or banner to be placed, erected, installed or displayed on any property, building, structure, parked vehicle or other stationary personal property located in a residential zoning area other than the following: a. Real estate advertising signs in conformity with the requirements of Subsection (B)(2) of this Section. b. Identification signs and bulletin boards for churches, schools, governmental agencies and charitable and for non-profit institutions. c. Any provisions of this Section to the contrary notwithstanding, signs announcing the development or redevelopment of residential property comprising at least two (2) acres may be erected if a permit therefor has been issued by the Board of Alderpersons following the filing of an application showing the location, construction details and appearance of the proposed sign, which permit shall regulate the size, construction, location and duration of display of such signs so that they are harmonious with the surrounding, proportionate to the scale and nature of the development involved, structurally sound and otherwise erected and maintained so as not to interfere with the peaceful use and enjoyment of nearby properties; provided further, that no such development signs may be lighted or have any moving, flashing or reflective parts. d. Individual nameplates identifying the residents of the real property or owner of the personal property upon which they are displayed. e. Signs indicating an alarm system has been installed or is in use on the property; provided such signs shall not be larger than one (1) square foot and located no more than four (4) feet away from the exterior wall of the principal building. f. Signs advocating candidates or issues to be voted on at a public election may be displayed subject to the following limitations: (1) Signs may not be displayed more than forty-five (45) days prior to the election in connection with which the sign is displayed and no more than ten (10) days after such election. (2) Signs may be single- or double-faced, but no individual sign face may be greater than three (3) feet in length and two (2) feet in height. The maximum height of said signs shall not be more than three (3) feet above ground level. 286.28 (3) Only one (1) single- or double-faced sign may be displayed for each fifteen (15) feet of street frontage of the lot, parcel or site upon which it is located. 286.28 § 405.635 Moline Acres City Code (4) All signs must be located at least ten (10) feet away from any public right-of-way or public property of any kind. (5) Not more than one (1) single- or double-faced sign with respect to the same candidate or position may be erected on any lot, parcel or site. 2. The dimension and regulations for signs advertising real estate in areas zoned residential in the City of Moline Acres are as follows: a. Only one (1) such sign may be erected. b. The facing of a sign where advertising is to appear shall not be more than three (3) feet in length and two (2) feet in height with a maximum of two (2) facings. The maximum height of sign shall not be more than three (3) feet above ground level. c. Any sign must be removed by the real property owner within one (l) week after the final closing of the deal for the sale or lease of such real property. d. No sign, banner or appendage to another sign shall be displayed indicating the real property on which same is located has been sold and, further, the name of any agent shall not be attached or displayed with any such real estate sign. Further, no such real estate sign shall have any sign or cover attached to same. Any sign found to be in violation of the provision of this Subsection may be removed by the City. C. Signs In Business Districts. Only the following types of non-flashing signs shall be permitted in business districts. 1. All signs permitted in residential district. 2. Signs attached and parallel to a main wall of a building and projecting horizontally not more than fifteen (15) inches therefrom. Signs shall not exceed an aggregate of fifteen percent (15%) of the area of the front wall surface including window areas on which they are displayed. Signs shall pertain to only the use conducted at the building. 3. Freestanding signs are not permitted unless authorized by conditional permit. 4. All signs must be darkened at time of business closing or no later than 1:30 A.M., whichever is the later hour. (Ord. No. 330 Art. XVII §§1 3, 7-11-72; Ord. No. 801 §§1 2, 2-11-03) ARTICLE XVI. SCREENS, SIDEWALKS AND CURBS SECTION 405.640: SCREENS, SIDEWALKS AND CURBS A. General. All tracts or parcels of land hereafter developed or redeveloped or improved for change of occupancy shall be provided with frontage improvements including paving, curbs, sidewalks and planted areas as appropriate on all perimeters where the tract or parcel adjoins public rights-of-way. 286.28 In commercial Districts "C-2" and "C-3" bordering residential districts, or in other districts as designated by the Zoning Enforcement Officer, screening and planting shall be provided to effectively shield the residential properties from the commercial improvements and from area or sign lighting. 286.28 § 405.640 Zoning Regulations B. Paving, Curbs And Sidewalks. Where acceptable pavement in public rights-of-way does not exist at the time of development, redevelopment or improvement, the frontage improvements shall include paving of the rights-of-way and to a width and standard conforming to City ordinances. In addition, widening strips or acceleration and deceleration lands shall be provided as required by the Zoning Enforcement Officer and/or the Plan and Zoning Commission. Concrete curbs and proper drainage structures shall be provided on all tracts or parcels. Concrete sidewalks shall also be provided on all tracts or parcels and generally shall be separated from curbs with a grass strip. All frontage improvements from the back side of curbs on public rights-of-way shall be continuously maintained by the owner and/or tenants of the tracts or parcels. C. Screening. Screening walls or fences shall be provided to effectively shield all commercial developments (or other developments designated by the Zoning Enforcement Officer) from residential properties. In addition, where determined as appropriate, plantings shall be provided along the fences or walls to maintain acceptable aesthetics. All fences, walls, plantings and grass areas shall be continuously maintained. Where commercial property extends for the full depth between parallel (or approximately parallel) streets, the improvements and screening may be placed beyond the building line (to the right-of-way limit as a maximum limit) on the rear street, but only as specifically approved by the Plan and Zoning Commission. All drives and accesses in such case shall be on the side of the screening opposite the residential properties. All lighting on the commercial property shall be effectively shielded so as not to create a nuisance to residential properties. (Ord. No. 330 Art. XVIII §§1 3, 7-11-72) ARTICLE XVII. NON-CONFORMING USES SECTION 405.645: DISCONTINUANCE OF NON-CONFORMING USE ON UNIMPROVED LAND The use of unimproved land which is lawful at the time of the adoption of this Chapter, but which does not conform to the provisions of this Chapter, shall be discontinued within two (2) years from the date of approval of this Chapter, July 11, 1972, and the use of such land which becomes non- conforming by reason of a subsequent change in this Chapter shall also be discontinued within two (2) years from the date of the change. (Ord. No. 330 Art. XIX §1, 7-11-72) SECTION 405.650: NON-CONFORMING USE OF BUILDINGS The lawful use of a building existing at the time of adoption of this Chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building, provided no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Whenever a non- conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (Ord. No. 330 Art. XIX §2, 7-11-72) SECTION 405.655: DAMAGED NON-CONFORMING BUILDINGS 286.28 No non-conforming building which has been damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its structure, shall be restored except in 286.28 § 405.655 Moline Acres City Code conformity with the regulations of this Chapter. (Ord. No. 330 Art. XIX §3, 7-11-72) SECTION 405.660: NON-CONFORMING BUILDING DISCONTINUED USE In the event that non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) consecutive years, the use of the same shall thereafter conform to the regulations of the district in which it is located. (Ord. No. 330 Art. XIX §4, 7-11-72) SECTION 405.665: NON-CONFORMING USE No existing building or premises devoted to a use not permitted by this Chapter in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, converted, reconstructed or structurally altered, unless such use is changed 286.28 § 405.665 Zoning Regulations to one permitted in the district in which such building or premises is located; provided however, that during the ten (10) year period immediately following the passage of this Chapter non-conforming light industrial uses in the commercial districts and non-conforming industries in the industrial district may be extended or enlarged by not to exceed a fifty percent (50%) increase in the cubical contents of the building as it existed at the date of the adoption of this Chapter; and further provided, that all height and area regulations be observed in any such extension. (Ord. No. 330 Art. XIX §5, 7- 11-72) ARTICLE XVIII. OFF-STREET PARKING AND LOADING REQUIREMENTS SECTION 405.670: OFF-STREET PARKING SPACE REQUIREMENTS ALL DISTRICTS In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in Section 405.675 of this Article) off-street parking spaces in accordance with the following requirements: 1. Dwellings, single or two-family. One (1) parking space for each dwelling unit. 2. Rooming or boarding house. One (1) parking space for each two (2) sleeping rooms. 3. Fraternity or sorority. One (1) parking space for each three (3) beds. 4. Private club or lodge. One (1) parking space for every ten (10) members. 5. Church or temple. One (1) parking space for each five (5) seats in the main auditorium. 6. School (except high school or college). One (1) parking space for each ten (10) seats in the auditorium or main assembly room or one (1) space for each classroom, whichever is greater. 7. College or high school. One (1) parking space for each five (5) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater. 8. Golf club. One (1) parking space for each five (5) members. 9. Community center, library, museum or art gallery. Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. 10. Hospitals. One (1) parking space for each four (4) beds. 11. Sanitarium, convalescent home, home for the aged or similar institutions. One (1) parking space for each six (6) beds. 12. Theater or auditorium (except school). One (1) parking space for each five (5) seats or bench seating spaces. 286.28 13. Sports area, stadium or gymnasium. One (1) parking space for each five (5) seats or seating spaces. 286.28 § 405.670 Moline Acres City Code 14. Hotel. One (1) parking space for each three (3) sleeping rooms or suites plus one (1) additional space for each two hundred (200) square feet of commercial floor area contained therein. 15. Multiple dwelling. One (1) off-street parking space for each dwelling unit. 16. Tourist home, cabin or motel. One (1) parking space for each sleeping room or suite plus requirements for restaurant or nightclub, if applicable. 17. Dance hall, assembly or exhibition hall without fixed seats. One (1) parking space for each one hundred (100) square feet of floor area used therefor. 18. Business or professional office, studio, bank, medical or dental clinic. Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) square feet. 19. Bowling alley. Five (5) parking spaces for each alley. 20. Mortuary or funeral home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral service rooms. 21. Restaurant, nightclub, cafe or similar recreation or amusement establishment. One (1) parking space for each one hundred (100) square feet of floor area. 22. Retail store or personal service establishment, except as otherwise specified herein. One (1) parking space for each two hundred (200) square feet of floor area. 23. Furniture or appliance store, hardware store, wholesale establishment, machinery or equipment sales and service, clothing or shoe repair or service shop. Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet. 24. Printing or plumbing shop or similar service establishment. One (1) parking space for each three (3) persons employed therein. 25. Manufacturing or industrial establishment, research or testing laboratories, creamery, bottling plant, warehouse or similar establishment. One (1) parking space for each two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith. (Ord. No. 330 Art. XX §1, 7-11-72) SECTION 405.675: COMPUTATION OF PARKING SPACES In computing the number of such parking spaces required, the following rules shall govern: 1. "Floor area" shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be construed to the nearest whole number. 286.28 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for use of similar nature. 286.28 § 405.675 Zoning Regulations 4. Wherever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter, July 11, 1972, is enlarged to the extent of twenty-five percent (25%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 5. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (Ord. No. 330 Art. XX §2, 7-11-72) SECTION 405.680: LOCATION OF PARKING SPACE All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served. 1. Not more than fifty percent (50%) of the parking spaces required for: a. Theaters, bowling alleys, dance halls, nightclubs or cafes, and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided by written agreement with adjoining property owners. b. Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided however, that written agreement thereto is properly executed and filed as specified herein. 2. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the City Attorney and shall be filed with the application for a building permit. 3. Off-street parking space shall not be located within the required front yard of residential and multiple-dwelling districts. Off-street parking space may be located within the required front yard of any commercial, business or industrial district but shall not be located nearer than fifty (50) feet to any dwelling district. 4. Parking area connected to the street shall have a maximum of two (2) twenty (20) foot driveways per parking area. (Ord. No. 330 Art. XX §3, 7-11-72) SECTION 405.685: LOCAL BUSINESS, COMMERCIAL AND INDUSTRIAL DISTRICT REQUIREMENTS 286.28 There shall be provided at the time any building is erected or structurally altered (except as otherwise provided in this Chapter) off-street loading space in accordance with the following 286.28 § 405.685 Moline Acres City Code requirements: 1. Office buildings and hotels. a. One (1) space for each five thousand (5,000) to fifty thousand (50,000) square feet of gross floor area in local business and commercial districts. b. One (1) space for each twenty thousand (20,000) to fifty thousand (50,000) square feet of gross floor area in industrial districts. c. Two (2) spaces for each fifty thousand (50,000) to two hundred thousand (200,000) square feet of gross floor area in any district. d. One (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area above two hundred thousand (200,000) square feet in any district. 2. Retail or service establishment or wholesale commercial use. a. One (1) space for each two thousand (2,000) to twenty thousand (20,000) square feet of gross floor area in local business and commercial districts. b. One (1) space for each four thousand (4,000) to twenty thousand (20,000) square feet of gross floor area in industrial districts. c. Two (2) spaces for each twenty thousand (20,000) to one hundred thousand (100,00) square feet of gross floor area in any district. d. One (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area above one hundred thousand (100,000) square feet in any district. 3. Manufacturing or industrial use. a. One (1) space for each five thousand (5,000) to twenty-five thousand (25,000) square feet of gross floor area. b. One (1) additional space for each seventy-five thousand (75,000) square feet of gross floor area. 4. No building or part thereof in the local business and commercial districts heretofore erected, which is used for any of the purposes specified above, shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this Section. 5. No building or part thereof in the industrial district heretofore erected, which is used for any of the purposes specified above, shall hereafter be enlarged or extended to provide a gross floor area of twenty-five thousand (25,000) square feet or more, unless off-street loading space is provided in accordance with the provisions of this Section. (Ord. No. 330 Art. XX §4, 7-11-72) 286.28 § 405.690 Zoning Regulations ARTICLE XIX. PLANNED ENVIRONMENT UNIT SECTION 405.690: PLANNED ENVIRONMENT UNIT A. The purpose of this Section is to provide a permissive, voluntary and alternate zoning procedure in the "R" Residence District in order to permit flexibility in building types, relationships between buildings, and provisions of supporting community facilities in the development of diverse, sound, urban environments under conditions of approved site and development plans. B. In Any "R" Residence District. A tract of land may be developed for residential use and for supporting community facilities, provided that approval is obtained by securing a planned environment unit permit in compliance with the procedure hereinafter delineated. A planned environment unit shall comprise a minimum of forty (40) dwelling units in two (2) or more buildings and shall not be restricted as to building type. It shall not contain more dwelling units than would be permitted under the regulations of the residence district or districts within which the planned environment unit lies, excluding therefrom the area used for streets, except that land within the flood plain of watercourses may, when such land is part of a tract lying within an "R" Residence District, be considered as part of the gross acreage in computing the maximum number of dwelling units that may be created under this procedure to the maximum limit of one-third (1/3) of the gross acreage of that part of the tract lying outside the flood plain and zoned as an "R" Residence District. It may contain any of the community facilities permitted in the district within which the planned environment unit lies. C. Commercial Usages. A planned environment unit may contain the following commercial uses when located within multiple-family structure; provided that they occupy no more than five percent (5%) of the gross floor area of the structure, or if provided in a single structure of a multi-structure development, no more than five percent (5%) of the total gross floor area of the residential structures within the development; no public entrance to such uses is from the outside of the development; and no advertising signs or displays are visible from the outside of the structure: 1. Food or drug store; 2. Barber or beauty shop; 3. Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility; 4. Restaurant; 5. Cigar or newspaper stand; provided that the applicant can show that such commercial uses will provide a direct service to the residents in the planned environment unit; will not substantially alter or affect the residential character of the development; will not duplicate any service or function performed or offered by another facility located within one thousand (1,000) feet of any boundary of the planned environment unit; and will not be located within five hundred (500) feet of any existing shopping district of the City of Moline Acres. 286.28 D. Procedure. 1. The Board of Alderpersons, after review by the Plan and Zoning Commission and after public hearing, may grant a planned environment unit permit when it finds that the planned 286.28 § 405.690 Moline Acres City Code environment unit proposal is consistent with good general planning practice, consistent with good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is deemed desirable to promote the general welfare of the City of Moline Acres. 2. The granting of a planned environment unit permit shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representatives of the property sought to be used for the planned environment unit proposal. Application shall be addressed to the Board of Alderpersons and filed at the City Hall upon forms and accompanied by such data and information as to assure the fullest practicable presentation of factors for the permanent record and for adequate preliminary consideration of the proposal. The Plan and Zoning Commission shall hold a public hearing on the application consistent with the procedure required for any other public hearing. If the Plan and Zoning Commission gives preliminary approval to the application, the matter shall be forwarded to the Board of Alderpersons together with the approved plans for consideration by that body. If the application is approved, the matter shall be returned for consideration for a final development plan, which shall be prepared by the applicant and submitted for approval within one hundred sixty (160) days after the application was approved by the Board of Alderpersons. Upon approval of a final development plan by the following review and recommendation of the Plan and Zoning Commission, the plan shall be recorded with the St. Louis County Recorder of Deeds as a planned environment unit plan, and a permit for development in conformity with the recorded plan shall be issued to the applicant by the Zoning Enforcement Officer. No building permit shall be issued for construction of any structure on the tract of land involved that is not in conformity with the recorded planned environment unit permit. Unless otherwise stated, substantial work or construction under the permit must be commenced within one (1) year, or the permit shall terminate. If the permit is not reinstated within a period of six (6) months from the date the permit becomes null and void, the Board of Alderpersons may order the planned environment unit to be vacated. E. Appeal. Owners of twenty-five percent (25%) (by area) of the property within five hundred (500) feet of the property in question may file a protest against the granting of a preliminary approval for a planned environment unit permit within fifteen (15) days after the preliminary approval of an application. Such protest shall be in writing and shall be filed in duplicate with the City Clerk. The protest shall specifically set forth why the planned environment unit permit sought is not consistent with good general planning practice or good site planning, or that the proposal cannot be operated in a manner that is not detrimental to the permitted developments and uses in the district, or that the proposed development is not visually compatible with the permitted uses in the surrounding area and wherein the proposed development is not consistent with the general welfare. Appeals shall be processed in accordance with the Missouri Revised Statutes. F. Special Provisions. 1. The Plan and Zoning Commission shall, in the instance of every application submitted under this regulation, especially consider architectural landscape and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall recommend to the Board of Alderpersons for inclusion in the permit such physical treatment or other limitations as will, in its opinion, enhance said neighborhood character. 286.28 2. Height limitations for structures may be modified by the Board of Alderpersons with respect to any structure proposed in an application for a planned environment unit permit if the normal requirements for open areas on the premises are modified as follows: Any residential structure 286.28 § 405.690 Zoning Regulations exceeding three (3) stories in height or thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure. 3. Setbacks along boundary lines of a planned environment unit and off-street parking requirements applicable in any district shall in no event be diminished, but the Board of Alderpersons may require that open parking areas be depressed below the grade of the remainder of the property or screened by walls, fences or plant material, or both methods in order to preserve or complement the general character of any existing development of adjacent properties. (Ord. No. 330 Art. XXI §§1 5, 7-11-72) ARTICLE XX. ADMINISTRATION Cross Reference As to planning and zoning commission, see ch. 400; as to board of adjustment, see art. XXI of this chapter. SECTION 405.695: CERTIFICATE OF OCCUPANCY A. Certification Of Occupancy, Required. Subsequent to the effective date of this Chapter, July 11, 1972, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Code Enforcement Officer. Where a building is divided by unpierced walls, then a certificate of occupancy shall be required for each unit thereof. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter. B. Certificate Of Occupancy, Application. No permit for the excavation or alteration of any building shall be issued before the application has been made for a certificate of occupancy, and no building or premises shall be occupied until that certificate and permit are issued. C. Certificate Of Occupancy, Record To Be Kept. A record of occupancy shall be kept on file in the office of the City, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in buildings affected by such certificate of occupancy. D. Certificate Of Occupancy, Required For Non-Conforming Uses. 1. A certificate of occupancy shall be required of all non-conforming uses of land or buildings created by the passage of this Chapter. Application for such certificates of occupancy for non- conforming uses shall be filed with the Code Enforcement Officer by the owner or lessee of the land or building occupied by such non-conforming use. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy for a non-conforming use upon the filing of an application for the same. 2. Non-conforming uses shall not be enlarged, extended or altered, and all non-conforming uses shall be brought into conformity as quickly as the fair interest to the parties will permit. Replacement of any portion of a non-conforming use destroyed by any means out of control of the owner to an extent less than fifty percent (50%) of its replacement value may be permitted under procedures set forth in this Chapter and particularly relating to the Board of Adjustment. 286.28 (Ord. No. 330 Art. II §§1 4, 7-11-72) 286.28 § 405.700 Moline Acres City Code SECTION 405.700: PLATS Each application for a building permit shall be accompanied by a plat in duplicate in a form and size suitable for permanent filing and drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, elevations as related to adjoining properties, provisions for proper drainage, and such other information as may be necessary to provide for the enforcement of this Chapter. The property shall be surveyed by a registered surveyor. A record of the applications and plat shall be kept in the office of the Code Enforcement Officer. (Ord. No. 330 Art. II §5, 7-11-72) SECTION 405.705: AMENDMENTS A. The Board of Alderpersons may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the Plan Commission for its recommendation and report. If the Plan and Zoning Commission makes no report within sixty (60) days, the Board of Alderpersons may proceed with its action, unless an extension of time is granted by the Board of Alderpersons. Upon filing of the recommendation and report by the Plan Commission with respect to any proposed amendment, supplement, change, modification or repeal, or upon failure to report in thirty (30) days, the Board of Alderpersons shall hold a public hearing in relation thereto, notice of which is to be published in a newspaper having a general circulation in the City or in a newspaper otherwise qualified for legal notices, and said publication shall appear at least fifteen (15) days prior to the hearing, which will give the time, place and purpose of such hearing, and in addition to such published notice similar notices shall be prominently posted at least fifteen (15) days prior to the hearing in no less than five (5) places in the City. Notices shall be posted in the immediate vicinity of the property which would be affected by the proposed change or within three hundred (300) feet. B. In case a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of ten percent (10%) or more either of the area of the land, exclusive of streets, places and alleys included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (¾) of the members of the Board of Alderpersons. C. Before an action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Clerk the sum of one hundred fifty dollars ($150.00) to cover the approximate cost of this procedure, and under no condition shall such sum or any part thereof be refunded for failure of such change to be adopted by the Board of Alderpersons; provided however, that no deposit shall be required whenever the change is proposed by the Plan and Zoning Commission, the Board of Alderpersons or member thereof, or by any taxing agency or commission of the City. (Ord. No. 330 Art. II §8, 7-11-72) 286.28 286.28 § 405.710 Zoning Regulations ARTICLE XXI. BOARD OF ADJUSTMENT SECTION 405.710: ESTABLISHMENT Pursuant to this Chapter there shall be a Board of Adjustment. (Ord. No. 330 Art. III §1, 7-11-72) SECTION 405.715: COMPOSITION The Board of Adjustment shall consist of five (5) members, all of whom shall be residents recommended by the Mayor and approved by the Board of Alderpersons, one (1) of whom is a member of the Plan Commission. (Ord. No. 330 Art. III §2, 7-11-72) SECTION 405.720: TERM OF OFFICE MEMBERS VACANCIES REMOVAL The term of office of the members of the Board of Adjustment shall be for five (5) years, except that the membership of the first (1st) Board of Adjustment appointed shall serve respectively for terms of: one (1) for one (1) year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each, except that the term of the member of the Plan Commission shall expire at the same time as his/her term on the Plan Commission. Vacancies shall be filled by the Board of Alderpersons for the unexpired term only. Members shall be removed for cause by the Board of Alderpersons upon written charges and after public hearing. (Ord. No. 330 Art. III §3, 7-11-72) SECTION 405.725: ELECTION OF CHAIRMAN AND VICE CHAIRMAN The Board of Adjustment shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The City Clerk shall be notified of each elected Chairman. (Ord. No. 330 Art. III §4, 7-11- 72) SECTION 405.730: ADOPTION OF RULES AND REGULATIONS The Board of Adjustment shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter. (Ord. No. 330 Art. III §5, 7-11-72) SECTION 405.735: MEETINGS Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of 286.28 which shall be immediately filed in the office of the City Clerk and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for the purpose. (Ord. No. 330 Art. III §6, 7-11-72) 286.28 § 405.740 Moline Acres City Code SECTION 405.740: APPEALS A. Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. B. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation in the City or a newspaper otherwise qualified for legal notices as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. C. A fee of twenty-five dollars ($25.00) shall be paid to the Code Enforcement Officer at the time the notice of appeal is filed, which the Code Enforcement Officer shall immediately pay over to the City Treasurer or other appropriate and designated person to receive monies for the City, to the credit of the General Revenue Fund of the City. D. All costs associated with Board of Adjustment meetings due to the responsibility of the applicant, such as rehearings or appeals, will be paid by the applicant to the City. A fifty dollar ($50.00) deposit will be required prior to advertising rehearings and a five hundred dollar ($500.00) deposit will be required prior to advertising an appeal. Actual costs to the City will be deducted from the deposits and the balance returned to the applicant. If the costs exceed the deposits, the balance is due in thirty (30) days whether the variance is granted or not. Examples of costs include but are not limited to the following: advertising costs, court reporters and transcripts, City Attorney's fees, application fees, etc. (Ord. No. 330 Art. III §7, 7-11-72; Ord. No. 599 §1, 9-3-92) SECTION 405.745: POWERS OF THE BOARD OF ADJUSTMENT The Board of Adjustment shall have the following powers: 1. Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Chapter. 2. Powers relating to variations. Where by reason of exceptional narrowness, shallowness, or 286.28 shape of a specific piece of property at the time of the original adoption of the regulations, or by reasons of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property which condition is not generally prevalent 286.28 § 405.745 Zoning Regulations in the neighborhood, the strict application of the area regulations of this Chapter would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon the owner of such property, the Board of Adjustment is hereby empowered to authorize upon an appeal relating to such property a variation from such strict application, so as to relieve such difficulties or hardships. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. 3. Powers, relative to exceptions. Upon appeal, the Board of Adjustment is hereby empowered to permit the following exceptions: a. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record. b. To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than fifty percent (50%) of its assessed value where the Board of Adjustment shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly. 4. Powers relative to public utilities. To permit the erection and use of a building or the use of premises for public utility purposes. 5. In exercising the above-mentioned powers. Such Board of Adjustment may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals, the Board of Adjustment shall hear testimony of all parties and before making any finding in a specific case, first determine that the proposed change will not constitute a change in the District Map and will not impair an adequate supply of light and air to adjacent property, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Moline Acres. Every change granted or denied by the Board of Adjustment shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the Board of Adjustment shall be made a part of any building permit in which a variation is allowed. 6. Concurring vote of four (4) members of the Board of Adjustment required. Four (4) members of the Board of Adjustment shall concur in order to reverse any order, requirement, decision or determination of the Code Enforcement Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter. (Ord. No. 330 Art. III §8, 7-11-72) SECTION 405.750: PETITION OF PERSONS, OFFICERS, DEPARTMENTS, ETC., 286.28 AGGRIEVED BY DECISION OF BOARD OF ADJUSTMENT A. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or 286.28 § 405.750 Moline Acres City Code persons or any officer, department, board or bureau of the municipality, may present to the circuit court of the county or city in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings. B. Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. (Ord. No. 330 Art. III §9, 7-11-72) ARTICLE XXII. ENFORCEMENT SECTION 405.755: ZONING ENFORCEMENT OFFICER The Code Enforcement Officer or his/her appointee shall be the Zoning Enforcement Officer. It shall be the duty of the Code Enforcement Officer with the aid of the Chief of Police to enforce this Chapter. No work controlled by this Chapter shall be undertaken without a permit issued by the Code Enforcement Officer. Appeals from the decision of the Code Enforcement Officer or his/her appointee may be made to the Board of Adjustment as provided for in this Chapter. (Ord. No. 330 Art. II §9, 7-11-72) SECTION 405.760: PENALTY FOR VIOLATION A. The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such 286.28 violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation 286.28 § 405.760 Zoning Regulations continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. B. Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). 286.28 286.28 CHAPTER 410: FLOOD HAZARD PREVENTION Editor's Note Ord. no. 815, adopted May 14, 2003, repealed ch. 410 in its entirety and enacted the new provisions set out herein. ARTICLE I. GENERAL PROVISIONS SECTION 410.010: FINDINGS OF FACT A. Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Moline Acres, 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 impairments of the tax base; all of which adversely affect the public health, safety and general welfare. B. 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. C. Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps. 1. 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 Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. 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 dated August 2, 1995, appended hereto, as amended, and any future revisions thereto. 2. 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. 3. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point. 4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height. 5. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. (Ord. No. 815 §A, 5-14-03) 286.28 SECTION 410.020: STATEMENT OF PURPOSE It is the purpose of this Chapter to promote the public health, safety and general welfare; to 286.28 § 410.020 Moline Acres City Code minimize those losses described in Article I, Section 410.010(B)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFLP) 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 Chapter 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. (Ord. No. 815 §B, 5-14-03) SECTION 410.030: LANDS TO WHICH CHAPTER APPLIES This Chapter shall apply to all lands within the jurisdiction of the City of Moline Acres identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the City or its duly designated representative under such safeguards and restrictions as the City or its 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 Article IV. (Ord. No. 815 §C, 5-14-03) SECTION 410.040: FLOODPLAIN ADMINISTRATOR/COMPLIANCE The City Inspector is hereby designated as the Floodplain Administrator under this Chapter. 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 Chapter and other applicable regulations. (Ord. No. 815 §D, 5-14-03) SECTION 410.050: ABROGATION AND GREATER RESTRICTIONS It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only. (Ord. No. 815 §E, 5-14-03) SECTION 410.060: INTERPRETATION In their interpretation and application, the provisions of this Chapter 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. (Ord. No. 815 §F, 5-14-03) 286.28 286.28 § 410.070 Flood Hazard Prevention SECTION 410.070: WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Chapter 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 manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter 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 Chapter shall not create a liability on the part of the City of Moline Acres, any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. No. 815 §G, 5-14-03) SECTION 410.080: SEVERABILITY If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby. (Ord. No. 815 §H, 5-14-03) ARTICLE II. DEFINITIONS SECTION 410.090: DEFINITIONS Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this Chapter its most reasonable application. 100-YEAR FLOOD: See "BASE FLOOD". ACCESSORY STRUCTURE: The same as "APPURTENANT STRUCTURE". ACTUARIAL RATES: See "RISK PREMIUM RATES". ADMINISTRATOR: The Federal Insurance Administrator. AGENCY: The Federal Emergency Management Agency (FEMA). APPEAL: A request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance. APPURTENANT STRUCTURE: A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. 286.28 286.28 § 410.090 Moline Acres City Code BASEMENT: Any area of the structure having its floor subgrade (below ground level) on all sides. BUILDING: See "STRUCTURE". CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL: The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community. COMMUNITY: Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns. ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY: A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway. 286.28 § 410.090 Flood Hazard Prevention FLOOD ELEVATION DETERMINATION: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards. FLOOD FRINGE: The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood. FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones. FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. FLOODPLAIN OR FLOODPRONE AREA: Any land area susceptible to being inundated by water from any source (see "FLOODING"). FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents. FLOODWAY OR REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps. FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed. 286.28 FUNCTIONALLY DEPENDENT USE: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and 286.28 § 410.090 Moline Acres City Code facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the. National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily, determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter. MANUFACTURED HOME: A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA). MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is fair, economic, just and equitable value under normal local market conditions. MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced. 286.28 286.28 § 410.090 Flood Hazard Prevention NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community. NFIP: The National Flood Insurance Program (NFIP). PARTICIPATING COMMUNITY: Also known as an "eligible community", means a community in which the Administrator has authorized the sale of flood insurance. PERSON: Any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies. PRINCIPALLY ABOVE GROUND: At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground. RECREATIONAL VEHICLE: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REMEDY A VIOLATION: To bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance. RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. SPECIAL FLOOD HAZARD AREA: See "AREA OF SPECIAL FLOOD HAZARD". SPECIAL HAZARD AREA: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE. 286.28 START OF CONSTRUCTION: Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit 286.28 § 410.090 Moline Acres City Code date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STATE COORDINATING AGENCY: That agency of the State Government, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State. STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial-damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE: A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided. 286.28 286.28 § 410.090 Flood Hazard Prevention WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain. (Ord. No. 815 §Y, 5-14-03) ARTICLE III. ADMINISTRATION SECTION 410.100: 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 410.010. 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. (Ord. No. 815 §I, 5-14-03) SECTION 410.110: DESIGNATION AND DUTIES OF FLOODPLAIN ADMINISTRATOR The City Inspector of Moline Acres is hereby appointed to administer and implement the provisions of this Chapter. The duties of the City Inspector 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 Chapter 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 Department of Natural Resources 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; 286.28 9. When floodproofing techniques are utilized for a particular non-residential structure, the City Inspector shall require certification from a registered professional engineer or architect. (Ord. No. 815 §J, 5-14-03) 286.28 § 410.120 Moline Acres City Code SECTION 410.120: 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 City Inspector; 8. Be accompanied by plans and specifications for proposed construction; and 9. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (Ord. No. 815 §K, 5-14-03) ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 410.130: GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION A. 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. B. 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 Chapter. 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. C. 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 286.28 elevation of the base flood more than one (1) foot at any point within the community. D. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require: 286.28 § 410.130 Flood Hazard Prevention 1. 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; 2. Construction with materials resistant to flood damage; 3. Utilization of methods and practices that minimize flood damages; 4. 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; 5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site waste disposal systems be located so as to avoid impairment or contamination; and 6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that: a. All such proposals are consistent with the need to minimize flood damage; b. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; c. Adequate drainage is provided so as to reduce exposure to flood hazards; and d. 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 proposal's base flood elevation data. E. Storage, Material And Equipment. 1. 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. 2. 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. F. 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 Chapter; and a floodplain development permit has been issued. (Ord. No. 815 §L, 5-14-03) SECTION 410.140: SPECIFIC STANDARDS 286.28 In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood 286.28 § 410.140 Moline Acres City Code elevation data have been provided, as set forth in Section 410.130(B), the following provisions are required: 1. Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or one (1) foot above base flood elevation. 2. 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 or 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 410.110(9). 3. 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: a. 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 b. 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. (Ord. No. 815 §M, 5-14-03) SECTION 410.150: MANUFACTURED HOMES A. 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. B. 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: 1. Outside of manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. In an expansion to an existing manufactured home park or subdivision; or 286.28 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, 286.28 § 410.150 Flood Hazard Prevention be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or 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. C. Require 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 Subsection (B) of this Section, be elevated so that either: 1. The lowest floor of the manufactured home is at or one (1) foot above the base flood level; or 2. 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. (Ord. No. 815 §N, 5-14-03) SECTION 410.160: FLOODWAY Located within areas of special flood hazard established in Article II, Section 410.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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 410.130 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions set forth above. 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 410.130. (Ord. No. 815 §O, 5-14-03) SECTION 410.170: RECREATIONAL VEHICLES Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM either: 1. Be on the site for fewer than one hundred eighty (180) consecutive days; or 2. Be fully licensed and ready for highway use*; or 286.28 3. Meet the permitting, elevation and the anchoring requirements for manufactured homes of this Chapter. 286.28 § 410.170 Moline Acres City Code *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. (Ord. No. 815 §P, 5-14-03) ARTICLE V. VARIANCES AND APPEALS SECTION 410.180: ESTABLISHMENT OF APPEAL BOARD The Board of Adjustment as established by the City of Moline Acres shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter. (Ord. No. 815 §Q, 5-14-03) SECTION 410.190: RESPONSIBILITY OF APPEAL BOARD A. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the City Inspector, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Article V, Section 410.180. B. 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 City Inspector in the enforcement or administration of this Chapter. (Ord. No. 815 §R, 5-14-03) SECTION 410.200: FURTHER APPEALS Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Board of Alderpersons. (Ord. No. 815 §S, 5-14-03) SECTION 410.210: 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 Chapter 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; 286.28 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; 286.28 § 410.210 Flood Hazard Prevention 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 floodwaters, 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. (Ord. No. 815 §T, 5-14-03) SECTION 410.220: CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases. B. 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. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon: 1. A showing of good and sufficient cause, 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3. 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. F. A community shall notify the applicant in writing over the signature of a community official that: 286.28 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 286.28 § 410.220 Moline Acres City Code 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 Chapter. (Ord. No. 815 §U, 5-14-03) SECTION 410.230: CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES A. 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 Sections 410.210 and 410.220 of this Chapter. B. 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 410.130(D)(2) of this Chapter. 3. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 410.130(D)(1) of this Chapter. 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 410.130(D)(4) of this Chapter. 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 410.140(3) of this Chapter. 6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 410.160(2) of this Chapter. 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 286.28 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: 286.28 § 410.230 Flood Hazard Prevention a. 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 b. 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 Chapter. 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. (Ord. No. 815 §V, 5-14-03) ARTICLE VI. AMENDMENTS SECTION 410.240: AMENDMENTS The regulations, restrictions and boundaries set forth in this Chapter 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 bearing shall be posted at least twenty (20) days before such hearing. At 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 Chapter are in compliance with the National Flood Insurance Program (NFIP) regulations. (Ord. No. 815 §X, 5-14- 03) ARTICLE VII. PENALTIES SECTION 410.250: PENALTIES FOR VIOLATION Violation of the provisions of this Chapter 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 Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) and, in addition, shall pay all costs and expenses, including attorneys' fees and litigation expenses, involved in the case. Each day such violation continues shall be considered separate offense. Nothing herein contained shall prevent the City of Moline Acres or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 815 §W, 5-14-03) 286.28 286.28 CHAPTER 415: STREAM BUFFER PROTECTION SECTION 415.010: TITLE This Chapter shall be known as the "City of Moline Acres Stream Buffer Protection Ordinance". (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.020: FINDINGS AND PURPOSES A. Findings. Whereas, the Board of Alderpersons of the City of Moline Acres finds that buffers adjacent to streams provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources. 2. Removing pollutants delivered in urban stormwater. 3. Reducing erosion and controlling sedimentation. 4. Protecting and stabilizing stream banks. 5. Providing for infiltration of stormwater runoff. 6. Maintaining base flow of streams. 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem. 8. Providing tree canopy to shade streams and promote desirable aquatic habitat. 9. Providing riparian wildlife habitat. 10. Furnishing scenic value and recreational opportunity. 11. Providing opportunities for the protection and restoration of greenspace. B. Purposes. The purpose of this Chapter is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer on along the streams of Moline Acres for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.030: DEFINITIONS 286.28 As used in this Chapter, the following terms shall have these prescribed meanings: 286.28 § 415.030 Moline Acres City Code BUFFER: With respect to a stream, a natural or enhanced vegetated area (established by Section 415.050(A)(1) below) lying adjacent to the stream. FLOODPLAIN: Any land area susceptible to flooding, which would have at least a one percent (1%) probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan, i.e. the regulatory flood. IMPERVIOUS COVER: Any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. LAND DEVELOPMENT: Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. LAND DEVELOPMENT ACTIVITY: Those actions or activities which comprise, facilitate or result in land development. LAND DISTURBANCE: Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover. LAND DISTURBANCE ACTIVITY: Those actions or activities which comprise, facilitate or result in land disturbance. PARCEL: Any plot, lot or acreage shown as a unit on the latest County tax assessment records. PERMIT: The permit issued by the City of Moline Acres required for undertaking any land development activity. PERSON: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, City, County or other political subdivision of the State, any interstate body or any other legal entity. PROTECTION AREA OR STREAM PROTECTION AREA: With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. RIPARIAN: Belonging or related to the bank of a river, stream, lake, pond or impoundment. SETBACK: With respect to a stream, the area established by Section 415.050(A)(2) extending beyond any buffer applicable to the streams. STREAM: Any stream, beginning at: 1. All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more. 286.28 STREAM BANK: The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the "ordinary 286.28 § 415.030 Stream Buffer Protection high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulations, Part 328.3. STREAM CHANNEL: The portion of a watercourse that contains the base flow of the stream. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.040: APPLICABILITY This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 415.030 of this Chapter. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or floodplain requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations. 1. Grandfather provisions. This Chapter shall not apply to the following activities: a. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Chapter. b. Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements. c. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this Chapter. d. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Chapter. 2. Exemptions. The following specific activities are exempt from this Chapter. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. a. Activities for the purpose of building one (1) of the following: (1) A stream crossing by a driveway, transportation route or utility line; (2) Public water supply intake or public wastewater structures or stormwater outfalls; (3) Intrusions necessary to provide access to a property; (4) Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; 286.28 (5) Unpaved foot trails and paths; 286.28 § 415.040 Moline Acres City Code (6) Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. b. Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Subsection (2)(a) above. 3. Land development activities within a right-of-way existing at the time this Chapter takes effect or approved under the terms of this Chapter. 4. Within an easement of any utility existing at the time this Chapter takes effect or approved under the terms of this Chapter, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures. 5. Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the (review and permitting authority) on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the (review and permitting authority) to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. 6. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer. 7. Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources. After the effective date of this Chapter, it shall apply to new subdividing and platting activities. Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 415.050(B) below. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.050: LAND DEVELOPMENT REQUIREMENTS A. Buffer And Setback Requirements. All land development activity subject to this Chapter shall meet the following requirements: 1. For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as 286.28 applicable) of the stream as measured from the top of the stream bank. For all other 286.28 § 415.050 Stream Buffer Protection streams subject to this Chapter, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. 2. An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. 3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. B. Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions: 1. Where a parcel was platted prior to the effective date of this Chapter and its shape, topography or other existing physical condition prevents land development consistent with this Chapter, and the City of Moline Acres finds and determines that the requirements of this Chapter prohibit the otherwise lawful use of the property by the owner, the appeal authority of the City of Moline Acres may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel. 2. Except as provided above, the appeal authority of the City of Moline Acres shall grant no variance from any provision of this Chapter without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the appeal authority. The City of Moline Acres shall give public notice of each such public hearing in a newspaper of general circulation within Moline Acres. The City of Moline Acres shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way. 3. Variances will be considered only in the following cases: a. When a property's shape, topography or other physical conditions existing at the time of the adoption of this Chapter prevents land development unless a buffer variance is granted. b. Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship. Variances will not be considered when, following adoption of this Chapter, actions of any property owner of a given property have created conditions of a hardship on that property. C. At a minimum, a variance request shall include the following information: 1. A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features as determined by field survey; 2. A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; 286.28 § 415.050 Moline Acres City Code 3. A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated; 4. Documentation of unusual hardship should the buffer be maintained; 5. At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; 6. A calculation of the total area and length of the proposed intrusion; 7. A stormwater management site plan, if applicable; and 8. Proposed mitigation, if any, for the intrusion, if no mitigation is proposed, the request must include an explanation of why none is being proposed. D. The following factors will be considered in determining whether to issue a variance: 1. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; 2. The locations of all streams on the property, including along property boundaries; 3. The location and extent of the proposed buffer or setback intrusion; 4. Whether alternative designs are possible which require less intrusion or no intrusion; 5. The long-term and construction water-quality impacts of the proposed variance; and 6. Whether issuance of the variance is at least as protective of natural resources and the environment. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.060: COMPATIBILITY WITH OTHER REGULATIONS AND REQUIREMENTS This Chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision or this Chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.070: ADDITIONAL INFORMATION REQUIREMENTS FOR DEVELOPMENT ON BUFFER ZONE PROPERTIES 286.28 Any permit applications for property requiring buffers and setbacks hereunder must include the following: 286.28 § 415.070 Stream Buffer Protection 1. A site plan showing: a. The location of all streams on the property; b. Limits of required stream buffers and setbacks on the property; c. Buffer zone topography with contour lines at no greater than five (5) foot contour intervals; d. Delineation of forested and open areas in the buffer zone; and e. Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback. 2. A description of all proposed land development within the buffer and setback; and 3. Any other documentation that the (review and permitting authority) may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process. All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Stream Buffer Protection Ordinance (Ordinance Number 993)". (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.080: RESPONSIBILITY Neither the issuance of a development permit nor compliance with the conditions thereof nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Moline Acres, its officers or employees for injury or damage to persons or property. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.090: INSPECTION A. The Street Commissioner's department of the City of Moline Acres may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Street Commissioner's department of the City of Moline Acres in making such inspections. The City of Moline Acres shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Chapter and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. (Ord. No. 993 §§1 2, 3-11-08) 286.28 286.28 § 415.100 Moline Acres City Code SECTION 415.100: VIOLATIONS, ENFORCEMENT AND PENALTIES Any action or inaction which violates the provisions of this Chapter or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. 1. Notice of violation. If the Street Commissioner's office of the City of Moline Acres determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Chapter without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person; b. The address or other description of the site upon which the violation is occurring; c. A statement specifying the nature of the violation; d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Chapter and the date for the completion of such remedial action; e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and f. A statement that the determination of violation may be appealed to the Department of Public Works for the City of Moline Acres by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient). 2. Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Department of Public Works for the City of Moline Acres shall first notify the applicant or other responsible person in writing of its intended action and shall provide a reasonable opportunity of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Department of Public Works for the City of Moline Acres may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties. 286.28 286.28 § 415.100 Stream Buffer Protection a. Stop work order. The Department of Public Works for the City of Moline Acres may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. b. Withhold certificate of occupancy. The Department of Public Works for the City of Moline Acres may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. c. Suspension, revocation or modification of permit. The Department of Public Works for the City of Moline Acres may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Department of Public Works for the City of Moline Acres may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. d. Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Department of Public Works for the City of Moline Acres shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the Department of Public Works for the City of Moline Acres has taken one (1) or more of the actions described above, the Department of Public Works for the City of Moline Acres may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. e. Criminal penalties. For intentional and flagrant violations of this Chapter, the Department of Public Works for the City of Moline Acres may issue a citation to the applicant or other responsible person requiring such person to appear in the City of Moline Acres Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.110: ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW A. Administrative Appeal. Any person aggrieved by a decision or order of the Department of Public Works for the City of Moline Acres may appeal in writing within ten (10) days after the issuance of such decision or order to the City Clerk of the City of Moline Acres and shall be entitled to a hearing 286.28 before the Municipal Court of the City of Moline Acres within thirty (30) days of receipt of the written appeal. 286.28 § 415.110 Moline Acres City Code B. Judicial Review. Any person aggrieved by a decision or order of the Department of Public Works for the City of Moline Acres, after exhausting all administrative remedies, shall have the right to appeal de novo to the Municipal Court of the City of Moline Acres. (Ord. No. 993 §§1 2, 3-11-08) SECTION 415.120: SEVERABILITY If any Article, Section, Subsection, paragraph, clause, phrase or provision of this Chapter shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this Chapter. (Ord. No. 993 §§1 2, 3-11-08) 286.28 outline is defined and used in this document CHAPTER 420: STORM WATER POLICY PROTECTION PLAN ARTICLE I. IN GENERAL SECTION 420.010: INTRODUCTION PURPOSE A. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and generate wastes which, if not properly controlled, can pollute receiving waters. B. The purpose of this Article is to safeguard persons, protect property and prevent damage to the environment in the City of Moline Acres. This Article will also promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City of Moline Acres. (Ord. No. 1000 §1, 6-10-08) SECTION 420.020: DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. BEST MANAGEMENT PRACTICES OR BMPS: Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and land disturbance activities. CLEARING: Any activity that removes the vegetative surface cover. CONSTRUCTION OR LAND DISTURBANCE SITE OR SITE: A parcel of land, or a contiguous combination thereof, where grading work is performed as part of a single unified plan of development. DEPARTMENT: Department of Public Works of the City of Moline Acres. DRAINAGE WAY: Any channel that conveys surface runoff through a site. EROSION: The wearing away of land surface through the action of wind or water. EROSION CONTROL: Any BMP that prevents or minimizes erosion. 286.28 GRADING: Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions. LAND DISTURBANCE ACTIVITIES: Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water. 286.28 § 420.020 Moline Acres City Code MDNR: The Missouri Department of Natural Resources. MSD: The Metropolitan St. Louis Sewer District. PERIMETER CONTROL: A barrier that prevents sediment from leaving a site by filtering sediment- laden runoff or diverting it to a sediment trap or basin. PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed before the clearing of the next. RUNOFF COEFFICIENT: The fraction of total rainfall that will appear at the outfalls from a site. SEDIMENT CONTROL: Any BMP that prevents eroded sediment from leaving a site. SITE DISTURBANCE PERMIT: A permit issued by the City authorizing disturbance of the land at a specific site subject to conditions stated in the permit. STABILIZATION: The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff and grading. START OF CONSTRUCTION: The first (1st) land disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. STORM WATER POLLUTION PREVENTION PLAN OR SWPPP: A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in storm water discharges associated with land disturbance activities, comply with the standards of the City and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in Missouri State issued MS4 NPDES permit. WATERCOURSE: A natural or artificial channel or body of water, including, but not limited to, lakes, ponds, rivers, streams, ditches and other open conveyances, that carries surface runoff water either continuously or intermittently. (Ord. No. 1000 §1, 6-10-08) SECTION 420.030: PERMITS A. Any person who intends to conduct any land disturbance activity that will disturb ten thousand (10,000) or more square feet or the City engineer determines that such activity may create an erosion, flooding or sedimentation hazard must obtain a site disturbance permit from the City of Moline Acres. B. Any person who buys a lot for construction from a person who has been issued a permit under Subsection (A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from the City of Moline Acres unless the original permittee retains responsibility for the land disturbance activities on the sold lot. 286.28 C. Site disturbance permits are not required for the following activities: 286.28 § 420.030 Storm Water Policy Protection Plan 1. Any emergency activity that is immediately necessary for the protection of life, property or natural resources. 2. Existing nursery and agricultural operations conducted as a permitted main or accessory use. D. Each permit application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by the required filing fee. E. Each permit application shall be accompanied by a Storm Water Pollution Prevention Plan, prepared for the specific site by or under the direction of a professional engineer or registered landscape architect registered in the State of Missouri and a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the Storm Water Pollution Prevention Plan. F. The permit applicant will be required to file with the City a faithful performance bond, letter of credit or other improvement security acceptable to the City in an amount of one hundred ten percent (110%) of the value of work as determined by the City engineer to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. G. The permit applicant will be required to obtain a land disturbance permit issued by MDNR for any site where one (1) acre or more of land will be disturbed, before beginning any site work authorized by a City permit. This requirement applies to sites of less than one (1) acre that are part of a larger common plan that will ultimately disturb one (1) acre or more. H. The following fees shall be due for permits issued hereunder: 1. A one-time permit issue fee of one hundred dollars ($100.00); 2. An annual grading inspection fee payable upon the issuance of the permit and renewable each year thereafter in the initial and annual renewal amounts per the following schedule based on the number of acres comprising the area covered by the permit: ACREAGE FEES 2 or less $400.00 2.1 to 4 $500.00 4.1 to 6 $600.00 6.1 to 8 $700.00 More than 8 acres $800.00 Permits are not transferable. (Ord. No. 1000 §1, 6-10-08) SECTION 420.040: STORM WATER POLLUTION PREVENTION PLAN (SWPPP) A. The design requirements in Section 420.050 shall be taken into consideration when developing the 286.28 Storm Water Pollution Prevention Plan and the plan shall include the following: 286.28 § 420.040 Moline Acres City Code 1. Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in overall responsible charge of construction/development activities at the site. 2. Site address or location description. 3. A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of temporary and permanent BMPs and such other information as the City Engineer may require. 4. Existing contours at a minimum of two (2) foot intervals of the site and at least fifty (50) feet onto the adjoining strips of off-site property and proposed contours after completion of the proposed grading and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting. 5. A natural resources map identifying soils, forest cover and resources protected under other Chapters of this Code. 6. An estimate of the runoff coefficient of the site based on one hundred percent (100%) perviousness and the runoff coefficient after the construction addressed in the permit application is completed. 7. Estimated grading, silt control, retaining walls, detention basin outfall and sodding, revegetation and other items of work related to grading quantities. 8. Details of the site drainage pattern both before and after major grading activities, along with details of the site drainage system that will be utilized during the grading operations. Calculations shall be provided that will verify that the site drainage system has been designed properly. 9. Construction access to site. 10. Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance. 11. Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic or hazardous substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of construction and land disturbance. 12. Description of BMPs that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed. 13. Location of temporary off-street parking, vehicle wash-down area(s) and water sources for related vehicles. 14. Sources of off-site borrow material or spoil sites and all information relative to haul routes, 286.28 trucks and equipment. Approval of the haul route from the agency having jurisdiction over the road(s) along the haul route. 286.28 § 420.040 Storm Water Policy Protection Plan 15. The anticipated sequence of construction and land disturbance activities, including installation of BMPs, removal of temporary BMPs, stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; and final grading and landscaping. Sequencing shall identify the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation. 16. All erosion and sediment control measures necessary to meet the objectives of this Chapter throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 17. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures. Off-site areas shall be restored with sod of like type as the existing sod. 18. Provisions for maintenance of erosion, sediment and storm water management control facilities during the site disturbance phase, including easements and estimates of the cost of maintenance. 19. Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Department of Public Works of the City of Moline Acres. 20. Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all BMPs are continually implemented and are effective. B. The permittee shall amend the Storm Water Pollution Prevention Plan whenever: 1. Design, operation or maintenance of BMPs is changed; 2. Design of the construction project is changed such that it could significantly affect the quality of the storm water discharges; 3. Site operator's inspections indicate deficiencies in the SWPPP or any BMP; 4. Inspections by the City or by MDNR indicate deficiencies in the SWPPP or any BMP; 5. The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes; 6. The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality; 7. Total settleable solids from a storm water outfall exceeds one-half (0.5) ml/L/hr if the discharge 286.28 is within the prescribed proximity of a "Valuable Resource Water" as defined by MDNR; 286.28 § 420.040 Moline Acres City Code 8. Total settleable solids from a storm water outfall exceeds two and five-tenths (2.5) ml/L/hr for any other outfall; or 9. The City or MDNR determines violations of water quality standards may occur or have occurred. C. The permittee shall: 1. Notify all contractors and other entities (including utility crews, City employees or their agents) who will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP; 2. Determine the need for and establish training programs to ensure that all site workers have been trained, at a minimum, in erosion control, material handling and storage and housekeeping; 3. Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP; and 4. Maintain a current copy of the SWPPP on the site at all times. (Ord. No. 1000 §1, 6-10-08) SECTION 420.050: DESIGN REQUIREMENTS A. Grading, erosion control practices, sediment control practices and watercourse crossings shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer or his or her designee. B. Cut and fill slopes shall have a slope ratio of no greater than 3:1, except as approved by the City Engineer to meet other community or environmental objectives. C. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other Chapters of this Code. D. Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical to the satisfaction of the City Engineer. E. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. F. Phasing shall be required on all sites disturbing greater than five (5) acres, with the size of each phase to be established at plan review and as approved by the City engineer. G. Erosion control requirements shall include the following: 1. Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction. 286.28 2. If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks of installation or the Department of Public Works may require the site to be reseeded or a non-vegetative option employed. 286.28 § 420.050 Storm Water Policy Protection Plan 3. Specialized and approved techniques shall be employed to ensure stabilization on steep slopes and in drainage ways. 4. Soil stockpiles must be stabilized or covered at the end of each workday or perimeter controls must be in place to prevent silt from the stockpile from leaving the site. 5. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 6. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 7. Techniques shall be employed to divert upland runoff past disturbed slopes. H. Sediment control requirements shall include: 1. Settling basins, sediment traps or tanks and perimeter controls. 2. Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one time and shall be sized to contain five-tenths (0.5) of an inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective BMPs, as evaluated and specified in the SWPPP, shall be provided. 3. Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management as required by the Department of Public Works. 4. Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment. 5. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. I. Watercourse protection requirements shall include: 1. Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where applicable, all local, State and Federal permits and approvals shall be provided to the Department of Public Works prior to the issuance of a site disturbance permit. 2. Stabilization of any watercourse channels before, during and after any in-channel work. 3. If a defined watercourse is to be realigned or reconfigured, clearing and grubbing activities within fifty (50) feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be recontoured and revegetated, seeded or otherwise protected within five (5) working days after grading has ceased. 4. All storm water conveyances shall be designed according to the criteria of MSD and the 286.28 necessary MSD permits obtained. 286.28 § 420.050 Moline Acres City Code 5. Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels. J. Construction site access requirements shall include: 1. A temporary access road provided at all sites including a vehicle wash-down area with an identified water source supporting all active sites, 2. Other measures required by Department of Public Works in order to ensure that construction vehicles do not track sediment onto public streets or are washed with wash effluent channeled directly into storm drains. K. Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions, satisfactory to the Department of Public Works, for: 1. Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water. 2. Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection (K)(1) above. 3. Litter control. 4. Control of concrete truck washouts. 5. Assurance that on-site fueling facilities will adhere to applicable Federal and State regulations concerning storage and dispensers. 6. Provision of sufficient temporary toilet facilities to serve the number of workers on site. (Ord. No. 1000 §1, 6-10-08) SECTION 420.060: INSPECTIONS A. The Department of Public Works shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the grading, erosion control and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the City Engineer shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Department of Public Works at least two (2) working days before the following: 1. Start of construction; 2. Installation of sediment and erosion measures; 286.28 3. Completion of site clearing; 286.28 § 420.060 Storm Water Policy Protection Plan 4. Completion of rough grading; 5. Completion of final grading; 6. Close of the construction season; 7. Completion of final landscaping. B. The permittee or his/her agent shall make regular inspections of the land disturbance site, including all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved SWPPP. Inspections must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the Department of Public Works within six (6) days after the heavy rain. The inspection reports are to include the following minimum information: 1. Inspector's name and signature; 2. Date of inspection; 3. Observations relative to the effectiveness of the BMPs; 4. Actions taken or necessary to correct deficiencies; and 5. A listing of areas where land disturbance operations have permanently or temporarily stopped. In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the inspection report. C. The Department of Public Works shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (B) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. (Ord. No. 1000 §1, 6-10-08) SECTION 420.070: ENFORCEMENT A. Stop Work Order Revocation Of Permit. In the event that any person holding a site disturbance permit pursuant to this Chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer may suspend or revoke the site disturbance permit. B. Violation And Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a 286.28 misdemeanor and each day during which any violation of any of the provisions of this Chapter is committed, continued or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than one 286.28 § 420.070 Moline Acres City Code thousand dollars ($1,000.00) for each offense. In addition to any other penalty authorized by this Chapter, any person, partnership or corporation convicted of violating any of the provisions of this Chapter shall be required to bear the expense of such restoration. C. Project Closure Requirements. Any site development escrows or bonds will not be fully released to the site operator or permittee until all of the following have been completed: 1. All temporary storm water control BMPs have been removed and the site has been fully stabilized. 2. All permanent storm water control BMPs have been completed. 3. All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project. 4. All on-site and off-site disturbed areas have been revegetated whereas the City Engineer has determined that erosion is no longer a concern. (Ord. No. 1000 §1, 6-10-08) ARTICLE II. PROCEDURAL GUIDANCE FOR CONSTRUCTION, LAND DISTURBANCE ACTIVITIES AND RELATED STORM WATER CONTROL REQUIREMENTS SECTION 420.080: PURPOSE The purpose of this guidance manual is to provide direction to municipal officials and staff for implementing the provisions of municipal ordinances pertaining to regulation of land disturbance activities and related storm water controls. This guidance will help promote efficient plan reviews and processing of permit applications so as to benefit the community and to ensure compliance with the terms of the City of Moline Acres' State issued MS4 NPDES permit. Certain requirements of Section 4.2.4 of the MS4 permit, as referenced below, are addressed within this guidance manual. (Ord. No. 1000 §1, 6-10-08) SECTION 420.090: GENERAL PROVISIONS A. The Department of Public Works shall be responsible for enforcing the provisions of the grading, erosion and sediment control ordinance (Article I of this Chapter). The Department of Public Works shall review all permit applications submitted pursuant to that ordinance and shall issue permits with such conditions as deemed appropriate to enable compliance with the grading ordinance and other related ordinances. The Department of Public Works shall conduct all required inspections of permitted sites and shall be responsible for initiating enforcement actions when violations are identified. B. Persons who intend to disturb land within the City of Moline Acres will be reminded, at the time of initial contact with municipal officials, of the need to obtain a separate land disturbance permit from MDNR for any construction or land disturbance activity that will result in disturbance of one (1) acre or more of land. Persons intending to disturb such acreage must be informed that site work may not commence until the State permit has been obtained. No municipal permit for sites of one (1) acre or 286.28 above will be issued until a land disturbance permit has been issued by MDNR (Ord. No. 1000 §1, 6-10-08) 286.28 § 420.100 Storm Water Policy Protection Plan SECTION 420.100: WATER QUALITY CONSIDERATIONS During review of site plans, SWPPP and other documents submitted as part of the permit application, the Department of Public Works staff shall consider the potential water quality impacts of the project both during the construction/land disturbance phase and after site development is fully complete. The department staff should consider the provisions within the Missouri Water Quality Standards, the Missouri Impaired Waters list (303(d) list), the Federal Endangered Species Act, the National Historic Preservation Act and proximity to water bodies identified by MDNR as "valuable resource waters" (see listing below). To the maximum extent practicable under State and local laws, the department shall include such conditions in permits as are appropriate to prevent or minimize impacts on water quality. Department staff shall solicit comments or advice, when deemed appropriate, from MDNR, the Missouri Department of Conservation, the soil and water conservation district and such other State and national regulatory bodies as may have expertise related to a specific project or area. ATTACHMENT TO PROCEDURAL GUIDANCE LISTING OF *MISSOURI VALUABLE RESOURCE WATERS The Missouri Department of Natural Resources imposes additional requirements in State land disturbance permits for sites from which storm water will discharge to "valuable resource waters". The following table identifies water bodies defined as "valuable resource waters" in MDNR General Permit MO-R109000 and the distances from such water bodies within which additional permit requirements apply: VALUABLE RESOURCE WATERS WATER BODY* PERMIT MO-R109000 CONDITIONS APPLY IF DISCHARGES FROM LAND DISTURBANCE SITE ARE WITHIN THE FOLLOWING DISTANCES FROM THE WATER BODY Losing stream 1,000 feet Outstanding national or State resource water 1,000 feet Class L1 lakes or reservoirs used for public drinking water supply 1,000 feet Water body identified as critical habitat for endangered species 1,000 feet Class P stream 100 feet Class L2 reservoir 100 feet Biocriteria reference locations 2 miles upstream Class W (wetland that meets the criteria in the Corps of Engineers Delineation Manual (January 1987)) On site Ground water Discharge to a sinkhole or other direct conduit to ground water * See listings in Missouri Water Quality Standards 10 CSR 20-7.031. (Ord. No. 1000 §1, 6-10-08) 286.28 § 420.110 Moline Acres City Code SECTION 420.110: PUBLIC INQUIRIES COMPLAINTS The Department of Public Works shall maintain a system for recording and tracking inquiries and complaints received from the public regarding proposed and active land disturbance sites within the City of Moline Acres. The following information shall be logged, on a standard form, for each inquiry/complaint: date; name, address and telephone number of the inquiring/complaining party; nature of inquiry/complaint, including all pertinent information related thereto; and follow-up action. If an inspection is performed, all information regarding the date and time, inspector's name, findings and any mitigation or enforcement actions initiated shall be recorded. All inquiries or complaints must be logged. However, it is up to the sole discretion of the Department of Public Works, with such consultation with other departments or agencies as may be deemed appropriate, as to whether any follow-up action is deemed appropriate. If no follow-up action is deemed necessary, a short explanation shall be recorded on the standard inquiry form. (Ord. No. 1000 §1, 6-10-08) SECTION 420.120: INSPECTIONS REPORTS The Department of Public Works shall inspect each permitted site at the frequency specified in Article I of this Chapter and at such other times as necessary to follow up on public inquiries/complaints or to follow up on previously identified deficiencies. The results of all inspections shall be recorded in written reports and maintained in the project file. Inspections shall be carried out in such a way as to determine whether the site operator is complying with all provisions of the City of Moline Acres permit. (Ord. No. 1000 §1, 6-10-08) SECTION 420.130: TRANSFER OF OWNERSHIP A. Individual Lot Or Lots. The City of Moline Acres ordinances require a permit, as well as controls, for sediment, erosion and other construction site pollutants for disturbed areas of land in excess of one (1) acre disturbed as part of a common plan or sale. That language means the lot(s), when sold to an entity for construction (unless sold to an individual for purposes of building their own private residence), are also subject to ordinance requirements because they are part of the common sale. A current permittee who intends to transfer ownership of a lot or parcel of the overall permitted area is still responsible for the terms of the City of Moline Acres permit and the SWPPP and erosion control on that site unless the new owner applies for and receives a separate permit for land disturbance activities. If the current permittee is to retain the permit and responsibility for control of sediment and other pollutants at the site, then the owner should obtain a copy of an individual lot certification (ILC) from the lot owner(s). The ILC should be properly completed and signed and retained with the SWPPP. B. Entire Tract. If the entire tract is sold to a single entity, then the City of Black Jack permit shall be terminated and the new owner shall submit an application for a new permit immediately. (Ord. No. 1000 §1, 6-10-08) SECTION 420.140: REFERENCE SOURCES The staff will provide every permit applicant with the following list of reference and guidance documents which may be employed in development of the SWPPP. For activities requiring State 286.28 land disturbance permits, the first two (2) documents listed below are considered mandatory references for all applicants. 286.28 § 420.140 Storm Water Policy Protection Plan 1. Storm Water Management for Construction Activities Developing Pollution Prevention Plans and Best Management Practices September 1992 United State Environmental Protection Agency Office of Water, EPA 832-R-92-005; 2. Protecting Water Quality. A field guide to erosion, sediment and storm water best management practices for development sites in Missouri and Kansas September 1998 Prepared by the St. Charles County Soil and Water Conservation District, St. Charles, Missouri, the Dam and Reservoir Safety Program, Division of Geology and Land Survey, Missouri Department of Natural Resources, Rolla, Missouri; 3. Urban Conservation Policy Handbook June 1998. The Mid-America Association of Conservation Districts, the Missouri Department of Natural Resources, the United States Environmental Protection Agency Region VII; 4. Missouri Standards and Specifications for Highway Construction 1999 or latest edition Missouri Highways and Transportation Commission; 5. Standard Construction Specifications for Sewers and Drainage Facilities 2000 or latest edition Metropolitan St. Louis Sewer District; 6. Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Storm Water Drainage Facilities February 1997 or latest edition Metropolitan St. Louis Sewer District; 7. Standards Specification for Highway Construction January 1, 1997 or latest edition St. Louis County Department of Highways and Traffic; 8. Design Criteria Book for the Preparation of Improvement Plans March 1, 2000 (Storm Water Design 50.10 to 50.60)St. Louis County Department of Highways and Traffic; 9. Any City of Moline Acres specific guidance documents. The permit applicant is not limited to the use of these guidance manuals. Other commonly accepted publications may be used for guidance and must be referenced in the SWPPP. (Ord. No. 1000 §1, 6- 10-08) SECTION 420.150: INSPECTIONS The Department of Public Works will conduct inspections of storm water BMPs as follows and at such time the area(s) is (are) accessible: 1. Receipt of notification from the permittee that BMPs are in place. 2. Receipt of a complaint. 3. Receipt of concern/query after a heavy rainstorm. 286.28 4. Receipt of notification from the permittee that the construction season is closing. 5. Receipt of notification from the permittee that the final grading is all complete. 286.28 § 420.150 Moline Acres City Code 6. Completion of the revegetation of the site. (See Sections 420.060 and 420.070 of this Chapter and Section 4.2.4.2.6 of the MS4 permit.) (Ord. No. 1000 §1, 6-10-08) 286.28 CHAPTER 425: LAND DISTURBANCE CODE SECTION 425.010: LAND DISTURBANCE CODE ADOPTION The Land Disturbance Code as adopted by the County of Saint Louis, Missouri through last amendatory ordinance 24,084, approved on August 12, 2009 by the County of Saint Louis, Missouri is hereby adopted as the Land Disturbance Code of the City of Moline Acres, Missouri, a copy of which is on file in the City offices, as if fully set out herein. (Ord. No. 1079 §1, 4-10-12) 286.28 286.28 CHAPTER 430: DEVELOPMENT STANDARD ARTICLE I. STORM WATER CONSIDERATION SITE DESIGN SECTION 430.010: APPLICABILITY The standards referenced and adopted in this Article shall apply to site design for any project which includes alteration of site drainage or floodplain areas, connection to storm sewer systems or open stormwater channels, and all land disturbance projects encompassing more than one (1) acre. (Ord. No. 1088 §1, 7-10-12) SECTION 430.020: MSD APPROVAL REQUIRED All private and public to which this Article is applicable must be reviewed and approved for storm water issues by the Metropolitan St. Louis Sewer District in accord with the rules, regulations, standards and procedures of that body prior to the issuance of any permits for land disturbance or construction. (Ord. No. 1088 §1, 7-10-12) SECTION 430.030: SUBMITTAL REQUIREMENTS Applicants for any development, redevelopment, land disturbance, construction or other undertaking to which this Article is applicable shall be required to provide any and all information necessary to enable the Metropolitan St. Louis Sewer District ("MSD"), the City and City plan review personnel to assess and apply the principles promulgated by MSD entitled "Site Design Guidance Tools for Incorporation Construction Stormwater Quality Protection Into Concept Plans and Land Disturbance Permitting", as revised on April 17, 2009, as such standards and criteria may be promulgated by MSD from time to time. (Ord. No. 1088 §1, 7-10-12) 286.28