Chapter 25: Planning and Zoning

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ARTICLE I

PLANNING AND ZONING COMMISSION

 

DIVISION 1.  GENERALLY

 

§ 25-1.     Commission created.

§ 25-2.     Planning and Zoning functions.

§ 25-3.     Membership, terms, vacancy, removal.

§ 25-4.     Officers and terms.

§§ 25-5 to 25-9.  Reserved.

 

DIVISION 2.  POWERS

 

§ 25-10.    Powers - Specific.

§ 25-11.    Subdivision regulations.

§§ 25-12 to 25-16.  Reserved.

 

DIVISION 3.  FINANCES

 

§ 25-17.    Budget.

§§ 25-18 to 25-22.  Reserved.

 

DIVISION 4.  CITY PLAN

 

§ 25-23.    Adoption of the plan.

§ 25-24.    Building permits.

§ 25-25.    Storm water runoff management.

§§ 25-26 to 25-29.  Reserved.

 

DIVISION 5.  COMMISSION

REVIEW FUNCTIONS

 

§ 25-30.    Approval of public improvements.

§ 25-31.    Plat review.

§ 25-32.    Recording plats.

§ 25-33.    Limitations on rezoning requests.

§§ 25-34 to 25-37.  Reserved.

 

DIVISION 6.  PENALTIES

 

§ 25-38.    Penalties for sale of land in unapproved plats.

§§ 25-39 to 25-43.  Reserved.

 

 

ARTICLE II

SUBDIVISIONS

 

DIVISION 1.  GENERALLY

§ 25-44.    Purpose.

§ 25-45.    Definitions.

§§ 25-46 to 25-50.  Reserved.

 

 

DIVISION 2.  JURISDICTION

AND PROCEDURE

 

§ 25-51.    Plat when required.

§ 25-52.    Procedure.

§§ 25-53 to 25-57.  Reserved.

 

DIVISION 3.  GENERAL REQUIREMENTS

 

§ 25-58.    Acreage subdivisions.

§ 25-59.    Relation to existing streets.

§ 25-60.    Streets in relation to railroads.

§ 25-61.    Minimum street widths.

§ 25-62.    Minimum roadway width.

§ 25-63.    Cul-de-sac.

§ 25-64.    Intersections.

§ 25-65.    Street names.

§ 25-66.    Blocks.

§ 25-67.    Lots.

§ 25-68.    Building lines.

§ 25-69.    Exceptions in neighborhood or community unit developments

§ 25-70.    Character of development.

§ 25-71.    Easements for public utilities.

§ 25-72.    Easements along streams and watercourses.

§ 25-73.    Storm drainage.

§ 25-74.    Open spaces other than streets.

§ 25-75.    Monuments.

§ 25-76.    Streets and right-of-way.

§ 25-77.    Curb and guttering of subdivision.

§ 25-78.    Grades of streets and curbs.

§ 25-79.    Survey standards.

§ 25-80.    Sidewalk and tree zone.

 

DIVISION 4.  IMPROVEMENTS

 

§ 25-81.    In general.

§ 25-82.    Streets.

§ 25-83.    Water lines.

§ 25-84.    Sewers.

§§ 25-85 to 25-90.  Reserved.

 

DIVISION 5.  PRELIMINARY PLAN

 

§ 25-91.    Preliminary plan - Scale.

§ 25-92.    Preliminary plan - Details.

§§ 25-93 to 25-97.  Reserved.

 

DIVISION 6.  FINAL PLAT REQUIREMENTS

 

§ 25-98.    Plat scale.

§ 25-99.    Plat details.

§§ 25-100 to 25-104.  Reserved.

 

 

DIVISION 7.  IMPROVEMENT PLANS

§ 25-105.     Plans, profiles and cross sections.

§§ 25-106 to 25-110.  Reserved.

 

DIVISION 8.  EXCEPTIONS,

AMENDMENTS AND VALIDITY

§ 25-111.     Modification of requirements.

§ 25-112.     Changes and amendments.

§ 25-113.     Validity.

§§ 25-114 to 25-118.  Reserved.

 

DIVISION 9.  PLATS ACCEPTED

 

§ 25-119.     Accepting replat of blocks 5, 6 and 7 in Stricker Addition.

§ 25-120.     Accepting plat of Delano - Stricker Addition.

§ 25-121.     Accepting plat of Mitchell Addition.

§ 25-122.     Accepting plat of Burning Bush Addition.

§ 25-123.     Accepting plat of Matlock Addition.

§ 25-124.     Accepting plat of Schebaum Addition.

§ 25-125.     Accepting plat of Conway Addition.

§ 25-126.     Accepting plat of Matthews Addition.

§ 25-127.     Accepting plat of the Reitz Subdivision and accepting as a public alley the west 7.5 feet of lot 375, and the east 7.5 feet of lot 374.

§ 25-128.     Accepting plat of Burchwood Addition.

§ 25-129.     Accepting plat of the Mill Addition.

§ 25-130.     Accepting replat of blocks 5-8 of Bowman's Second Addition.

§ 25-131.     Accepting plat of the Fourth Verkamp Subdivision.

§ 25-132.     Resubdivision of the part of the Reitz Addition lying between Tammy Lane and South Louise Street on the east and west borders and between James Boulevard and Springfield Street on the north and south borders.

§ 25-133.     Division of lot 28 of the Rosemary Heights Estates into smaller lots.

§ 25-134.     Changes in sizes of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 18, 19, and 20 in the Goff Addition.

§ 25-134.1   Adjustment in the sizes of the lots One through Eight of the southern part of Block Twelve of the Lynna Heights Subdivision.

§ 25-134.2   Approving the plat of the Industrial Development Authority Park.

§ 25-134.3   Approving the plat of Verkamp's 7th Addition.

§ 25-134.4   Resubdivision of Lot 4 in Block 63 of Pinto's Addition.

§ 25-134.5   Subdivision of a 1 1/2 acre tract of land.

§ 25-134.6   Approving the final plat of Hancock Addition.

§ 25-134.7   Approving the dedication of a fifty foot wide tract of land as a city street.

§ 25-134.8   Approving the final plat of Vineyard Subdivision Lots #1, #2 and #3.

§ 25-134.9   Approving the final plat of Barr Heights Subdivision.

§ 25-134.10  Approving the final plat of the Rhea Subdivision.

§ 25-134.11  Accepting the preliminary plat of the 2.31 acres subdivision owned by Ira and Margaret Wilson to be named Wilson Woods Phase 1.

§ 25-134.12  Accepting the final plat number 1 of Wilson's Woods, a 2.31 acres subdivision owned by Ira and Margaret Wilson.

§ 25-134.13  Approving the replat of Lots 5, 6, 7, 8, 9, and part of Lot 10, Emory's Addition to be renamed Trinity Addition Lots 1 and 2.

§ 25-134.14  Accepting the final plat of Schuepfer Addition authorzing the replating of a fractional part of the east half of Block 32.

§ 25-134.15  Approving the Re-plat of Lot 4 of St. James Industrial Park, St. James Missouri to be Lot 4A and Lot 4B.

§ 25-134.16  Approving Jones Subdivision Block 8 of Gorman's Addition, and part of the SW 1/4 of Section 20, Township 38 North, Range 6 West of the 5th P.M.

§ 25-134.17  Approving Amended Willow Creek Subdivision Final Plat.

§ 25-134.18  Approving the even division of Lots 24, 25 and 26, in Block 2, Cartall’s Subdivision, east to west.

§ 25-134.19  Accepting Garner Subdivision Plat, a Resubdivision of Part of Block 1, Union Heights, with Lot 1, 2 and 6 zoned as B-1 Neighborhood Business and Lots 3, 4, 5, 7 remaining R-1 Residential.

§ 25-134.20  Accepting Stanton Height Replat of part of Block 10, vacated Front Street and vacated “A” Street all in Lynna  Heights Subdivision.

§ 25-134.21  Accepting Caraco Subdivision, a Resubdivision of Lot 15A of Rosemary Heights Estates.

§ 25-134.22  Accepting Obabs Subdivision a Resubdivision of a fractional part of Block 10 in Lynna Heights Subdivision to be Lots 1 and 2.

§ 25-134.23  Accepting the final plat of Rosemary Heights Estates No. 2, creating new lots 28E and 28F.

§ 25-134.24  Approving the re-plat of Tract A of the St. James Industrial Development Park so all of said premises will be known as Plat No. 5.

 

 

DIVISION 10.  STREET EXTENSIONS

 

§ 25-135.     Extending Opal Street westwardly.

 

DIVISION 11.  CLOSED STREETS

 

 

§ 25-136.     Wishon Street between Hardy Street and Alley North of Wishon Street.

§ 25-137.     Closing of Bourbeuse Street at railway crossing.

§ 25-138.     Closing of the alley, except the first 150 feet beginning at G Street, in Block 14 of Lynna Heights.

§ 25-139.     Closing Parker Lane between Louise Ave. and Matlock Drive by an operable gate.

§ 25-140.     Closing 150 feet of S. Wishon Street from Hardy Street to the adjacent alley on the north side of the premises, the City retaining the street.

§ 25-140.1   Closing Burlington Northern San Francisco Railroad Crossing right-of-way/easement located between Springfield Street to the north and Helen Street to the south at the Oak Street Crossing.

 

DIVISION 11.A.  DESIGNATING CITY STREETS

 

 

§ 25-141.     Designating the Industrial Park Drive in the St. James Industrial Park as a city street.

§ 25-142.     Designating the road at the Nelson A Hart Community Park, connecting Sports Club Drive and Springfield Road, as a city street to be named Nelson Hart Drive.

§ 25-142.1   Opening a Burlington Northern San Francisco Railroad Crossing right-of-way/easement located between Sports Club Drive to the north and Missouri State Highway BB to the south to be known as Sports Club Crossing.

 

DIVISION 12.  VACATED STREETS AND ALLEYS

 

 

§ 25-143.     Vacating a portion of Meramec Street.

§ 25-144.     Vacating Ida Street between Grover and Meramec Streets.

§ 25-145.     Vacating a portion of Elsie Street.

§ 25-146.     Vacating those portions of Elsie, Ida and Park Streets lying between Evergreen Avenue and Etta Street, and that portion of Marcella between Etta and Meramec Streets.

§ 25-147.     Vacating an Alley north of Lot 1 in Block 1 of Gorman's Addition (south of railroad tracks and intersecting the East right-of-way of Emory Street).

§ 25-148.     Vacating Alley south of Lots 379, 380, 381, and 382 of the Reitz Subdivision.

§ 25-149.     Vacating an Alley on the north side of Lots 1-12 between Bourbeuse and Jackson Streets (Block 22 Original Town of St. James, now Block 22-10).

§ 25-150.     Vacating Hall Street in Bowman's Second Addition.

§ 25-151.     Vacating Henrietta Street.

§ 25-152.     Vacating Seymour Street between Scioto and Hardy Streets.

§ 25-153.     Vacating "A" Street between James Blvd. and Front Street.

§ 25-154.     Vacating an Alley between Lots 9-12 and 13-16 in Block 6 of the Original Town of St. James.

§ 25-155.     Vacating "C" Street.

§ 25-156.     Vacating Alley in Block 10 Lynna Heights subdivision.

§ 25-157.     Vacating alley on south side of lots 371-378 and along the north line of Lots 331 and 262 of Reitz Subdivision.

§ 25-158.     Vacating part of Meramec Street along the west side of Lot 12, Block 7 (old plat), Block 6 (new plat), and part of an alley along the north side of said lot.

§ 25-159.     Vacating Bourbeuse Street north of Aida Street.

§ 25-160.     Vacating Jones Street, granting possession to owners of property on the east side of the street and reserving easements.

§ 25-161.     Vacating a portion of the unopened streets of Rosemary Avenue, Elsie Street and Ida Street along with designated alleyways.

§ 25-161.1.  Vacating Bourbeuse Street from Highway BB to the Burlington-Northern Railroad Property.

§ 25.161.2   Vacating Dellacella Avenue between Block 1 and Block 2 of the Dellacella Heights Subdivision.

§ 25-161.3   Vacating of an alley in the Reitz Addition to the City of St. James.

§ 25-161.4   Vacating an alley in Lynna Heights Addition between Lots 9-14 on the North side of the alley, and Lots 1-8 on the South side of the alley in Block 2.

§ 25-161.5   Vacating and discontinuing a portion of a public alley.

§ 25-161.6   Vacating a portion of Lola Lane in Rosemary Heights retaining a 50 feet underground easement.

§ 25-161.7   Vacating a portion of Elm Street giving a quit claim to the property owner of Lot 4 Block 63 Pinto's Addition.

§ 25-161.8   Vacating a portion of Danny Drive from the mid point of Lot 21 in Block 3 of Mitchell Addition to the west end of the undeveloped street retaining a 30 feet utility easement.

§ 25-161.9   Vacating undeveloped Clark Avenue in Dellacella Heights dividing the land between the owners on either side equally and allowing for a 30 foot utility easement.

§ 25-161.10  Vacating the east-west running alley lying south of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 and north of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 2 in Dellacella Heights.

§ 25-161.11  Vacating the alley lying south of Lots 1 through 5 of Block 60 of Pace's Third Addition and dividing the land between the owners on either side equally and retaining a sixteen feet utility easement.

§ 25-161.12  Vacating the East-West running Alley lying South of Lots 10, 11, 12, 13, 14, 15, 16, and North of Lots 17, 18, 19, 20, 21, 22, 23 Block 2 in Highland Park Subdivision.

§ 25-161.13  Vacating the alley and utility easement between Lots 1A, 1 through 6 and 7 through 12 Block 58 in Paces Third Addition to the City of St. James, Missouri.

§ 25-161.14  Vacating a portion of Sidney Street, giving the land back to the property owner on either side and allowing for a 50 foot utility easement.

§ 25-161.15  Vacating the east-west running alley lying south of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and north of Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 Block 2 in Highland Park
Subdivision also known as Tracts 1, 2, 3 & 4 described in Elgin Surveying & Engineering, Inc July 26, 2005 Survey No. R11900.

§ 25-161.16  Vacating and allowing for utilities easement a portion of undeveloped Illinois Avenue located between Lot #5 in  Block #4 Union Heights Subdivision and Lots 16 and 17, Block #2 Highland Park Subdivision to be zoned as B-2, Central Business, granting ownership of the land, comprising the avenue, to the proprietors whose property it bounds.

§ 25-161.17  Vacating the East-West running alley lying South of the West 141 feet of Lot 53 in the Stimson Subdivision.

§ 25-161.18  An ordinance vacating the east-west running alley in Block 57 of Paces Addition, beginning at the east line of Lots 6 and 17 continuing west through the west line of Lots 11 and 12, while an additional fifteen feet easement, along the north side of the existing easement already in place to the City, will be granted by the Caring Center totaling a 35 feet wide easement

§ 25-161.19  Vacating undeveloped Pinoak Drive in the Stricker Addition Replat giving the land to the property owner on either side.

§ 25-161.20  Vacating undeveloped Park Street of the Stricker Addition Replat, equally dividing the land between the adjacent property owners allowing for a 30 foot utility easement.

§ 25-161.21  Vacating undeveloped Ave. Forty-Four of the Stricker Addition Replat giving the land pack to the property owner on either side.

§ 25-161.22  Vacating undeveloped Aida Street in the Stricker Addition Replat, equally dividing the land between the adjacent property owners and allowing for a 30 foot utility easement.

§ 25-161.23  Vacating undeveloped Gwendolyn Drive in the Mitchell Addition.

 

DIVISION 13.  UNASSESSED  CITY LAND ACQUISITION

 

§ 25-162.     Authorizing the city attorney to obtain a title and abstract on the unassessed property within the city limits described as lots nine through fourteen, block 11-Lynna Heights Addition.

 

DIVISION 14.  PUBLIC LAND TRANSFERS

 

§ 25-163.     Sale of three lots in the Lynna Heights Addition which had been donated to the city.

§ 25-163.1   Convey real property commonly known as the Rice-Stix Building at 124 Seymour Street and grant an ingress and egress easement to the buyer of such property.

 

§ 25-163.2   Convey real property to the Industrial Development Authority.

§ 25-163.3   Convey unimproved property and amendment to lease agreement. (Wal-Mart Stores East, Inc.)

§ 25-163.4   Exchanging 6.43 acres of city park property that is being used by the St. James School District as a football field for approximately 6.43 acres of St. James School District property near the Nelson Hart Park that is currently being used as a baseball field at no cost to either party.

§ 25-163.5   Convey real property and building at 320 East Hardy Street to Prock Real Estate Inc.

§ 25-163.6   Convey a portion of the St. James Park for the operation of the Municipal Swimming Pool

§ 25-163.7   Convey property adjacent to the south end of the St. James High School Football Field to the St. James School District.

 

 


ARTICLE III

ZONING

 

DIVISION 1.  GENERAL PROVISIONS

 

§ 25-164.     Short title.

§ 25-165.     Definitions.

§§ 25-166 to 25-170.  Reserved.

 

DIVISION 2.  DISTRICTS AND GENERAL REQUIREMENTS

 

§ 25-171.     Establishing districts.

§ 25-172.     Official zoning districts map.

§ 25-173.     Interpretation of district boundaries.

§ 25-174.     Annexed territory.

§ 25-175.     Street vacations.

§ 25-176.     Conformance with regulations.

§§ 25-177 to 25-180.  Reserved.

 

DIVISION 3.1 "R-1S" RESIDENTIAL

DISTRICT REGULATIONS

 

§ 25-181.     Regulations.

 

DIVISION 3.  "R-1" RESIDENTIAL

DISTRICT REGULATIONS

 

§ 25-182.     Regulations.

§§ 25-183 to 25-187.  Reserved.

 

DIVISION 4.  "R-2" MULTI-FAMILY

RESIDENTIAL DISTRICT REGULATIONS

 

§ 25-188.     Regulations.

§§ 25-189 to 25-193.  Reserved.

 

DIVISION 5.  "B-1" NEIGHBORHOOD BUSINESS

DISTRICT REGULATIONS

 

§ 25-194.     Regulations.

§§ 25-195 to 25-199.  Reserved.

 

DIVISION 6.  "B-2" CENTRAL BUSINESS

DISTRICT REGULATIONS

 

§ 25-200.     Regulations.

§§ 25-201 to 25-205.  Reserved.

 

DIVISION 7.  "I-1" LIGHT INDUSTRIAL

 DISTRICT REGULATIONS

 

§ 25-206.     Regulations.

§§ 25-207 to 25-211.  Reserved.

 

 

 

DIVISION 8.  "I-2" HEAVY INDUSTRIAL

DISTRICT REGULATIONS

 

§ 25-212.     Regulations.

§§ 25-213 to 25-217.  Reserved.

 

DIVISION 9.  NONCONFORMING USES

 

§ 25-218.     Existing nonconforming uses.

§ 25-219.     Damaged structures.

§ 25-220.     Discontinued nonconforming use.

§ 25-221.     Extension of nonconforming use.

§§ 25-222 to 25-226.  Reserved.

 

DIVISION 10.  ADDITIONAL HEIGHT

AND AREA REGULATIONS

 

§ 25-227.     General.

§ 25-228.     Public buildings.

§ 25-229.     Chimneys, etc.

§ 25-230.     Accessory buildings.

§ 25-231.     Yard to remain open.

§ 25-232.     Basement or cellar.

§ 25-233.     Fire escapes, etc.

§ 25-234.     Porch, etc.

§ 25-235.     Multiple dwelling units.

§ 25-236.     Multiple buildings.

§ 25-237.     Open space.

§ 25-238.     Residential units in commercial structures.

§ 25-239.     Double frontage.

§ 25-240.     Corner lots.

§ 25-241.     Lot of record.

§ 25-242.     Special yards adjustment.

§ 25-243.     Perimeter fence heights and uses.

§ 25-244.     Signs, billboards, outdoor advertising structures, church bulletin boards or church signs.

§§ 25-245 to 25-247.  Reserved.

 

DIVISION 11.  OFF-STREET PARKING REGULATIONS

 

§ 25-248.     Parking regulations.

§§ 25-249 to 25-253.  Reserved.

 

DIVISION 12.  SPECIAL USES

 

§ 25-254.     Special use permit.

§§ 25-255 to 25-259.  Reserved.

 

DIVISION 13.  BOARD OF ADJUSTMENT

 

SUBDIVISION 1.  GENERALLY

 

§ 25-260.     Board created.

§ 25-261.     Membership, terms.

§ 25-262.     Vacancy.

§ 25-263.     Removal.

§ 25-264.     Rules of business, records.

§§ 25-265 to 25-269.  Reserved.

 


SUBDIVISION 2.  POWERS OF THE BOARD

 

§ 25-270.     Powers in general.

§ 25-271.     Specific powers.

§ 25-272.     Appeal of decisions of the board.

§§ 25-273 to 25-277.  Reserved.

 

DIVISION 14.  ENFORCEMENT, APPLICATIONS AND PERMITS

 

§ 25-278.     Enforcement.

§ 25-279.     Certificate of occupancy.

§ 25-280.     Amendments - General.

§ 25-281.     Amendment - In case of protest.

§ 25-282.     Violation and penalty.

§ 25-283.     Severability.

§§ 25-284 to 25-288.  Reserved.

 

DIVISION 15.  REMOVAL OF RESTRICTIONS -

CHANGES BY PETITION

 

§ 25-289.     Revoking restrictions on accessory buildings in the Valley View Subdivision Number One (1) of the Valley View Addition to the city.

§§ 25-290 to 25-299.  Reserved.

 

DIVISION 16.  AMENDMENTS TO THE

OFFICIAL ZONING DISTRICTS MAP

 

§ 25-300.     Extending the boundaries of the "R-2" Multi-Family Residential District easterly and westerly.

 

§ 25-301.     Changing the zoning classification of Ridgemont Acres Subdivision from its present zoning status of "R-1" Residential District to "R-2" Multi-Family Residential District.

 

§ 25-302.     Changing the zoning status of a portion of Rosemary Heights Subdivision.

 

§ 25-303.     Changing the zoning status of a part of the Big Prairie Addition from R-1 to B-1.

 

§ 25-304.     Changing the zoning status of a portion of the Big Prairie Addition which lies south of Highway I-44 from a R-1 zone to a B-1 zone.

 

§ 25-305.     Changing the zoning status of a small area adjacent to an area zoned B-1 in the Big Prairie Addition.

 

§ 25-306.     Changing the zoning of a tract of land adjacent to two areas zoned B-1 and B-2 located in Block 50 of    the Pace's Third Additions.

 

§ 25-307.     Changing the zoning status of a portion of land owned by Alma Lee Verkamp, named Verkamp 5th Addition on the preliminary plan, located on the North side of Sidney St. and East of the Forest City Development, from Light Industry to Residential one (Survey #R7042).

 

§ 25-308      Changing the zoning of a portion of land owned by Jimmie Wayne White located on the North side of East Springfield Street and immediately West of the existing Parker Ready-Mix Plant, from Residential to I-2 Heavy Industry.

§ 25-309.     Changing the zoning status of Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 3 in the Loverkamp Highlands Subdivision from R-1 to B-1.

 

§ 25-310.     Changing the zoning status of Lots 5, 6, 7 and the south half of Lot 4 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-311.     Changing the zoning status of the east half of Lots 8, 9, 10 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-312.     Changing the zoning status of the west half of Lots 8, 9, 10 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-313.     Changing the zoning status of Lots 1, 2, 3, 4, and 5 in Block 3 of Union Heights Addition from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-314.     Changing the zoning status of Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Block 2 of Highland Park Addition on Union Avenue from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-315.     Changing the zoning status of Lots 24, 25, 26, 27, 28 29, 30, 31, 32, and 33 in Block 2 of Highland Park Addition on Missouri Avenue, from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-316.     Changing the zoning status of a 52 acre tract of land from R-1 to B-2.

 

§ 25-317.     Changing the zoning status of the property from R-1, Residential, to B-1, Neighborhood Business.

 

§ 25-318.     Changing the zoning status of the property from R-1, Residential, to B-2, Central Business.

 

§ 25-319.     Changing the zoning status of the property from R-1, Residential, to B-2, Central Business.

 

§ 25-320.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

 

§ 25-321.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

 

§ 25-322.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

 

§ 25-323.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

 

§ 25-324.     Changing the zoning status of the property from B-1, Neighborhood Business District to B-2 Central Business District.

 

§ 25-325.     Chancing the zoning status of Lots 67-74, 85-90 and the North 1/2 of Lot 91 of the Reitz Subdivision from R-1, Residential to I-1 Light Industrial.

 

§ 25-326.     Changing the zoning status of Lot 7 and 1/2 of Lot 6 in the Riefenstahl Tract from R-1, Residential to B-1 Neighborhood Business.

 

§ 25-327.     Changing the zoning status of Lot 8 and 1/2 of Lot 9 in the Riefenstahl Tract from R-1, Residential to B-1 Neighborhood Business.

 

§ 25-328.     Changing the zoning status of Lot 6, except the north 150 feet, in the Mill Addition from I-2 Heavy Industry to C-2 Central Business.

 

§ 25-329.     Changing the zoning status of Lot 1 and a fractional part of Lot 2 of the Emory Addition from R-1 to B-1.

§ 25-330.     Changing the zoning status of Wilson Woods Phase 1 from I-1, Light Industry to R-1S, Residential Single Family.

 

§ 25-331.     Changing the zoning status from R-1, Residential to B-1, Neighborhood Business of property owned by Walter and Dorothy Lister.

 

§ 25-332.     Changing the zoning of the Old Grade School from R-1, Residential, to B-1 Neighborhood Business.

 

§ 25-333.     Rezoning plat number 1 of Wilson's Woods, a 2.31 acres subdivision owned by Ira and Margaret Wilson located to the north right of way of Sidney Street from R-1S, residential single family to R-1, residential.

 

§ 25-334.     Rezoning Lots 10 and 11 of the Goff Addition from R-1, Residential, to B-1 Neighborhood Business.

 

§ 25-335.     Rezoning Lots 1, 2, and 3, of Block 30, Original Town from R-1, residential, to B-1, neighborhood business.

 

§ 25-336.     Rezoning the East 20 feet of Lot 14 and all of Lots 15 and 16, Block 30, Original Town from R-1, residential, to B-1, neighborhood business.

 

§ 25-337.     Rezoning 1.29 acre parcel shown as 12.02 on Missouri Highway B just west of Heritage Manor from R-1 Residential to B-1 Neighborhood Business.

 

§ 25-338.     Rezoning Lots 10 & 11, Block 4, Bowman Addition to the City of St. James at the corner of East James and Walter Street from B-1 Neighborhood Business to R-2 Multifamily Residential.

 

§ 25-339.     Rezoning Lots 1-11 of Block 8 and Lots 12-17 of Block 10 of the Stricker Addition from R-1 Residential to B-1 Neighborhood Business.

 

§ 25-340.     Rezoning Lot 4, Block 4 of the City of St. James Addition at 116 N. Seymour from R-1 Residential to B-2 Central Business.

 

§ 25-341.     Rezoning Heritage Manor/Howard Hamilton and Heritage Associates property located at 416 and 420 Sidney St. and 417 B. Highway, from R-1 Residential to B-2 Central Business.

 

§ 25-342.     Rezoning Lots 1, 2, 3, 4, 5, 6, & 7 Block 55 of Paces Third Addition, from R-1 Residential to B-1 Neighborhood Business.

 

§ 25-343.     Rezoning 405 West Washington from R-1 Residential to I-L Light Industry.

 

§ 25-344.     Rezoning Lots 6 and 7 Block 3 and Lots 9 and 10 of Union Heights from R-1 Residential to B-2 Business.

 

§ 25-345.     Rezoning all of Lots 1 and 2 in Block one of Highland Park Addition from R-1 Residential to B-1 Neighborhood Business.

 

§ 25-346.     Rezoning all of Lots 3, 4, 5 and 7 of Garner Subdivision in Block One of Union Heights Addition from R-1 Residential to B-1 Neighborhood Business.

 

 

§§ 25-347 to 25-399.  Reserved.

 


ARTICLE IV.  HISTORIC DISTRICTS AND LANDMARKS

 

DIVISION 1.  GENERAL PROVISIONS

 

§ 25-400.     Purpose.

§ 25-401.     Definitions.

§§ 25-402 to 25-405.  Reserved.

 

DIVISION 2.  HISTORIC PRESERVATION COMMISSION

 

§ 25-406.     Composition of Historic Preservation Commission.

§ 25-407.     Terms.

§ 25-408.     Officers.

§ 25-409.     Meetings.

§ 25-410.     Funding.

§ 25-411.     Compensation.

§ 25-412.     Powers and duties.

§§ 25-413 to 25-415.  Reserved.

 

DIVISION 3.  SURVEYS AND RESEARCH

 

§ 25-416.     Surveys and research duties.

§§ 25-417 to 25-418.  Reserved.

 

DIVISION 4.  NOMINATION OF LANDMARKS

AND HISTORIC DISTRICTS

 

§ 25-419.     General.

§ 25-420.     Criteria for consideration of nomination.

§ 25-421.     Public hearing on Landmarks and Historic Districts.

§ 25-422.     Report and recommendation of SJHPC.

§ 25-423.     Notification of nomination.

§ 25-424.     Public hearing.

§ 25-425.     Determination by Planning and Zoning Commission.

§ 25-426.     Notification of determination.

§ 25-427.     Appeal.

§ 25-428.     Action by City Council.

§ 25-429.     The designation ordinance.

§ 25-430.     Interim control.

§ 25-431.     Amendment and rescission of designation.

§§ 25-432 to 25-440.  Reserved.

 

DIVISION 5.  APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS

 

§ 25-441.     Certificate of Appropriateness, when required.

§ 25-442.     Application for certificate of appropriateness, contents.

§ 25-443.     Stop work order.

§ 25-444.     Determination by the Historic Preservation Commission.

§ 25-445.     Time limitation on Certificate of Appropriateness.

§ 25-446.     Denial of a Certificate of Appropriateness.

§ 25-447.     Review of public improvement and land acquisition projects.

§ 25-448.     Standards for review.

§ 25-449.     Design guidelines.

§ 25-450.     Certificate of economic hardship.

§§ 25-451 to 25-460.  Reserved.

 


DIVISION 6.  MAINTENANCE OF HISTORIC PROPERTIES

 

§ 25-461.     Ordinary maintenance exclusion.

§ 25-462.     Definition of ordinary maintenance.

§ 25-463.     Minimum maintenance requirement.

§§ 25-464 to 25-470.  Reserved.

 

DIVISION 7. OTHER REVIEW DUTIES

OF HISTORIC PRESERVATION COMMISSION

 

§ 25-471.     Review of applications for zoning amendments, special use permit and variances.

§ 25-472.     Appeals.

§ 25-473.     Public safety exclusion.

§§ 25-474 to 25-475.  Reserved.

 

DIVISION 8.  FEES AND PENALTIES

 

§ 25-476.     Fees for nominations and Certificates of Appropriateness.

§ 25-477.     Unlawful to not comply with Chapter, penalty.

§ 25-478.     Unlawful to not maintain designated landmarks, structures with Historic Districts, penalty.

§ 25-479.     Punishment for violation of the provisions of this Ordinance.

§ 25-480.  Reserved.

 

 

Chapter 25

PLANNING AND ZONING

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 1.  GENERALLY

 

Sec. 25-1.  Commission created.

        A commission to be known as the "city planning commission" is hereby created and established. It shall consist of seven St. James citizens. The said citizen members of such commission shall be appointed by the mayor with the approval of the city council, and shall serve without compensation.  (Ord. 604; Ord. 611)

 

Sec. 25-2.  Planning and Zoning functions.

        The Commission shall have and perform all of the functions of the Zoning Commission provided for in Chapter 89, Revised Statutes of Missouri, and may also prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of Chapter 89.  (1977 Code)

 

Sec. 25-3.  Membership, terms, vacancy, removal.

        The term of each citizen member of the city planning commission shall be four years, except that three members of the first Commission shall be appointed to serve for the term of one year, two to serve for the term of two years, two to serve for the term of three years and two to serve for the term of four years.  All members shall hold office until their successors are appointed.  Vacancies on the Commission occurring other than through the expiration of term shall be filled for the unexpired term by appointment of the mayor, and approval of the city council.  Any citizen member of the Commission may be removed from such office by the city council, for cause stated in writing and after public hearing.  (1977 Code).

 

Sec. 25-4.  Officers and terms.

        The city planning commission shall elect a Chairman and a secretary from among its citizen members.  The term of each shall be for one year, with eligibility for re-election.  The Commission shall hold regular meetings and such special meetings as it provides by rule, and shall adopt rules for the transaction of business, and shall keep a record of its proceedings which shall be a public record.  (1977 Code)

Secs. 25-5 to 25-9.  Reserved.

 

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 2.  POWERS

 

Sec. 25-10.  Powers - Specific.

       

        (a)   The City of St. James, Missouri, is hereby authorized to make, adopt, amend and carry out a city plan for the physical development of this municipality.  (1977 Code)

       

        (b)   The Commission shall  make and adopt a city plan for the physical development of the municipality.  The city plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission's recommendations for the physical development and uses of land may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas.

       

        In the preparation of the city plan, the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality.  The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the municipality which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.  (1977 Code)

       

        (c)   The Commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens.  It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof.  All public officials shall, upon request, furnish to the Commission, within a reasonable time, all available information it requires for its work.  The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys.  In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning.  (1977 Code)

       

        (d)   The Planning and Zoning Commission shall hear and decide appeals arising from the denial of development permit applications, including but not limited to appeals arising from violation of city flood plain regulations as set forth in Chapter 12 of this Code.  (Ord. 505, §5)

 

Sec. 25-11.  Subdivision regulations.

       

The Planning Commission shall recommend and the city council may by ordinance adopt regulations governing the subdivision of land within its jurisdiction.

       

        (a)   The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the city; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the city plan or official map of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic.

      

         (b)   The regulations may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat.

       

        (c)   Before the adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the city council.  (1977 Code)

 

Secs. 25-12 to 25-16.  Reserved.

 

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 3.  FINANCES

 

Sec. 25-17.  Budget.

 

        The city council may provide the funds, equipment and accommodations necessary for the work of the Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Council and no expenditures, nor agreements for expenditures shall be valid or legal in excess of such amount.  Provided, however, that such Commission shall have the authority and power to accept and receive donations of cash or property, gifts, bequests and grants and, with the approval of the Council may use such non-appropriated assets as the Commission shall deem beneficial and advantageous to the said City of St. James.  (1977 Code)

 

Secs. 25-18 to 25-22.  Reserved.

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 4.  CITY PLAN

 

Sec. 25-23.  Adoption of the plan.

 

        The Commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole city plan progresses may from time to time adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.

       

        (a)   Before the adoption, amendment or extension of the plan or portion thereof the Commission shall hold at least one public hearing thereon.  Fifteen days notice of the time and place of such hearing shall be published in at least one newspaper having general circulation within the municipality.  The hearing may be adjourned from time to time.  The adoption of the plan requires a majority vote of the full membership of the Planning Commission.

              

  (b)   The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the Commission and filed in the office of the Commission, identified properly by file number and a copy of the plan or part thereof shall be certified to the city council and the city clerk, and a copy shall be recorded in the office of the county recorder of deeds.  (1977 Code)

 

Sec. 25-24.  Building permits.

       

        After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 25-30 hereof.  (1977 Code)

 

Sec. 25-25.  Storm water runoff management.

                       

        Storm water shall be retained such that the rate of run-off leaving the post-developed site is no greater than the pre-development run-off rate. The City Engineer or other official designated by the Mayor shall maintain design criteria for minimum standards of analysis.  (Ord. 612)

 

Secs. 25-26 to 25-29.  Reserved.

 

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 5.  COMMISSION

REVIEW FUNCTIONS

 

Sec. 25-30.  Approval of public improvements.

       

        (a)   Whenever the Commission adopts the plan for the City of St. James or any part thereof, no street, public way, or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the said city until the location, extent and character thereof has been submitted to and approved by the Planning Commission.

              

                  (1)   In case of disapproval, the Commission shall communicate its reasons to the city council, and such Council, by vote of not less than two- thirds of its entire membership, may overrule the disapproval and, upon the overruling, the Council may proceed, except that if the public facility or utility is one the authorization of financing of which does not, fall within the province of the Council, then the submission to the Planning Commission shall be by the municipal board having jurisdiction, and the Planning Commission's disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership.

               

                (2)   The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled.  The failure of the Commission to act within sixty days after the date of official submission to it shall be deemed approval.  (1977 Code)

               

                (3)   Anyone submitting a request to the Planning and Zoning Commission and a publishing charge is incurred it shall be required that the submitter will issue a check in the amount of $80.00 made out to the St. James Leader Journal for such publication.  (Ord. 650)

       

        (b)   Upon adoption of a major street plan and subdivision regulations, the said City of St. James shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within such city unless the street has received the legal status of a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or city planning commission or on a street plan made by and adopted by the Commission.

               

                (1)   The city council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval and is approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds of the entire membership of the city council.  (1977 Code)

 

Sec. 25-31.  Plat review.

               

        Within sixty days after the submission of a plat to the Commission, the Commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty day period.  The ground of disapproval of any plat by the Commission shall be made a matter of record.  (1977 Code)

       

The approval of a plat by the Commission does not constitute or effect an acceptance by the City of St. James or public of the dedication to public use of any street or other ground shown upon the plat.  (1977 Code)

 

Sec. 25-32.  Recording plats.

       

        When the city planning commission adopts a city plan which includes at least a major street plan, or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the County Recorder of Phelps County, Missouri, no plat of a subdivision of land lying within St. James shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Commission to the city council, and such Council has approved the plat as provided by law.  (1977 Code)

 

Sec. 25-33.  Limitations on rezoning requests.

      

         If an application for the amendment, supplement, or change to the basic zoning of any property is denied, no subsequent application requesting the same classification or conditional use permit of or with reference to the same property or part thereof shall be filed with the Planning and Zoning Commission within six (6) months from the date of the receipt and filing by the City Council of the Planning Commission's report on the application.  (Ord. 614)

Secs. 25-34 to 25-37.  Reserved.

 

ARTICLE I

PLANNING AND ZONING COMMISSION

DIVISION 6.  PENALTIES

 

Sec. 25-38.  Penalties for sale of land in unapproved plats.

       

        (a)   No owner, or agent of the owner, of any land located within the platting jurisdiction of the City of St. James, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the city council or city planning commission and recorded in the office of the Phelps County, Missouri recorder.

             

          (b)   Any person violating the provisions of this section shall forfeit and pay to the said City of St. James a penalty not to exceed three hundred ($300.00) dollars for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty.  The said City of St. James may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.  (1977 Code)

 

Secs. 25-39 to 25-43.  Reserved.

 

ARTICLE II

SUBDIVISIONS

DIVISION 1.  GENERALLY

 

Sec. 25-44.  Purpose.

 

      The following regulations have been adopted by the city planning commission and the mayor and City Council of St. James, Missouri, to provide for the harmonious development of St. James, for the coordination of streets within subdivisions with other existing or planned streets, for adequate open spaces for traffic, recreation, light, and air, for an appropriate distribution of population and traffic, and for installation of physical improvements which will tend to create conditions favorable to health, safety, convenience and prosperity.

 

      It is recommended that each subdivider confer with the city planning commission or city engineer before preparing the preliminary plan in order that he may become familiar with the requirements of these regulations, as they may apply to the land proposed to be subdivided. (Ord. 277; 1977 Code; Ord. 659)

 

 

Sec. 25-45.  Definitions.

 

      For the purpose of these regulations certain words and terms are herewith defined:

 

      Building Line – A line on a plat between which line and a street no building or structure may be erected.

 

      Commission – the city planning commission of St. James, Missouri.

 

      Cul-de-sac – A minor street with only one outlet and culminated by a turnaround.

 

      Easement –  A grant by the property owner of the use, for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons.

 

      Half-Street – property dedicated to the city as part of a sub-division plat that has a minimum width of twenty-five feet (25) and adjoins un-subdivided property.  The property shall not be used as a road or a street until both halves of the street have been dedicated to the City.

 

      Lot – A portion of subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.

 

      Major Street – A street of substantial continuity which serves or is intended to serve fast or large volumes of traffic, including all County and State Highways in the City of St. James and the streets designated as major streets on the land use plan for St. James.

 

      Minor street – A street used primarily for access to abutting property.

 

      Number – The singular includes the plural and the plural includes the singular.

 

      Performance bond – A surety bond or cash deposit made out to the City of St. James in an amount equal to the full cost of the improvements which are required by these regulations, said cost being estimated by the city engineer or city attorney and said surety bond or cash deposit being legally sufficient to secure to the City of St. James that the said improvements will be constructed in accordance with these regulations.

      Roadway – That portion of the street available for vehicular traffic, and where curbs are laid, the portion from face to face of curbs.

 

      Shall – The word “shall” is mandatory and not directory.

 

      Street – All property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

 

      Subdivider – The term Subdivider means any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined herein, and includes any agent of the subdivider.

 

      Subdivision - Subdivision means (1) the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites shall be exempt; or (2) the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation  of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (Ord. 277, A1, §1; Ord. 659)

 

Secs. 25–46 to 25–50. Reserved.

 

DIVISION 2

JURISDICTION AND PROCEDURE

 

Sec. 25–51.  Plat when required.

 

      It shall be unlawful for the owner, agent, or persons having control of any land within the corporate limits of the city to subdivide or lay out such land into lots, blocks, streets, avenues alleys, public ways and grounds, unless by plat in accordance with the laws of the State of Missouri and the provisions of these regulations. (Ord. 277, A1, §1; Ord. 659)

 

 

Sec. 25-52.  Procedure.

 

      In obtaining final approval of a proposed subdivision by the city planning commission and the city council, the subdivider shall submit a preliminary plan, a performance bond and a final plat in accordance with these regulations:

 

      (a)      The sub-divider shall first prepare and file with the city planning commission four (4) paper copies of a preliminary plan and a digital file on disk in Auto Cad DWG Format (version 2004 or newer), conforming to the requirements set forth in these regulations. Said plans shall be accompanied by a non-refundable review fee of one hundred ($100.00) dollars plus one ($1.00) dollar for each lot in the subdivision. (Ord. 906)

 

      (b)     The city planning commission shall forthwith refer two (2) copies to the city engineer.

 

      (c)      A hearing on the proposal will be held before the city planning commission at its first regular meeting following the filing. No hearing shall be held by the Commission until notice thereof, which shall include the time and place, shall be given to interested parties by the city clerk in behalf of the Commission by publication of notice of said hearing in a weekly newspaper for at least one insertion, a week prior to the date of said hearing and by mailing a notice to the person or persons who filed the preliminary plan to the address Set forth in the filing papers.

      (d)     The city engineer shall carefully examine said plan as to its compliance with the laws and regulations of the City, the existing street system, and good engineering practices, and shall within 15 days, submit his findings in duplicate to the city planning commission together with one (1) copy of the plan received.

 

      (e)      The city planning commission shall, upon receiving the city engineer’s report, as soon as possible, but not later than 60 days after receipt of the preliminary plan from the subdivider, consider said report and pass upon the plan. It shall then set forth its recommendations in writing, whether of approval, modification or disapproval. In case of modification or disapproval, it shall give its reasons therefore. The city planning commission shall forthwith return one (1) copy of the approved preliminary plan to the subdivider.

 

      (f)      Upon approval of the preliminary plat by the city planning commission, the subdivider may proceed with the preparation of the final plat and detailed construction drawings and specifications for the improvements required under these regulations.

 

      (g)     The approval of the preliminary plan by the city planning commission is revocable and does not constitute final approval or acceptance of the subdivision by the city council or authorization to proceed on construction of improvements within the subdivision but shall constitute approval of layout and general engineering proposals and plans.

 

      (h)     Before submitting the final plat to the city planning commission for approval, the subdivider shall furnish all plans and information as listed in “Final Plat Requirements” necessary for the detailed engineering consideration of the improvements required and obtain the approval of the city engineer which shall be endorsed thereon.

 

      (i)      For final plat approval the subdivider shall submit to the city planning commission:

 

(1)     Three paper copies and one mylar copy of the final plat and a digital file on two separate disks (one for City and one for County) in Auto Cad DWG Format (version 2004 or newer). (Ord. 906)

 

(2)     A performance bond in the amount approved by the city engineer or city attorney.

 

(3)     One copy of the certified approved plans, profiles, cross sections and specifications.

 

(4)     A certificate from the city engineer that the final plat is substantially in accord with the preliminary plan as approved by the city planning commission.

 

      (j)      When the final plat has been passed upon by the city planning commission, one copy of the final plat and performance bond shall forthwith be transmitted to the city council, together with a certificate showing the action of the city planning commission.

 

      (k) When the final plat has been approved by the city council, the performance bond accepted and all three copies duly certified, three (3) copies shall be delivered to the city planning commission, one copy to the city engineer and one to the city clerk for their respective files, and one to the subdivider for filing with the Recorder of Deeds for Phelps County. If said plat is disapproved by the city council, such disapproval shall point out in writing wherein said proposed plat is objectionable.

 

      (l)      The passage of the resolution accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the owner shall cause such plat to be recorded in the office of the Recorder of Deeds of Phelps County, Missouri, and shall file satisfactory evidence of such recording in the office of the city clerk before the City shall recognize the plat as being in full force and effect.

 

      (m)    Upon receipt of the duly certified copies of the final plat by the city planning commission, the Secretary of the city planning commission will transmit copies of the plat, upon which have been placed the official house numbers as determined by the city engineer, to the sub--divider, the water company, the gas company, and the telephone company.

 

      (n)     Receipt of the duly certified final plat by the subdivider is authorization that he may proceed with the installation and construction of the required improvements.

 

      (o)     The city council will return the performance bond to the subdivider upon certification by the city engineer of satisfactory completion of the installation and construction of the required improvements and acceptance of the required improvements by the city council. Prior to certification by the city engineer, the subdivider shall file two paper copies and a digital file on disk in Auto Cad DWG Format (version 2004 or newer), with the city engineer plans, profiles and cross sections of the required improvements as they have been built. (Ord. 277, A2, §2; Ord. 659; Ord. 883)

 

Sec. 25-53 to 25-57. Reserved.

 

DIVISION 3

GENERAL REQUIREMENTS

 

Sec. 25-58.  Acreage subdivisions.

 

      Whenever the area is divided into lots containing one or more acres and there are indications that such lots will eventually be re-subdivided into smaller building lots, consideration must be given to the highway, street and lot arrangement of the original subdivision so that additional minor streets can be opened which will permit a logical arrangement of smaller lots. Easements providing for the future opening and extension of such streets, may, at the discretion of the city council be made a requirement of the plat. (Ord. 277, A3, §1; Ord. 659)

 

Sec. 25-59.  Relation to existing streets.

 

      The arrangement of highways and streets in new subdivisions shall make provisions for the continuation of the existing highways and major streets (or their proper projection where adjoining property is not subdivided) insofar as they may be deemed necessary by the city council for public requirements. The width of such highways and streets in new subdivisions shall not be less than the minimum street widths established herein.  The highway and street arrangements shall also be such as to avoid hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. (Ord. 277, A3, §2; Ord. 659)

 

Sec. 25–60.   Streets in relation to railroads.

 

      When the area to be subdivided adjoins a railroad right-of-way, the intersection of the centerline of any street or highway paralleling the railroad with that of any street that crosses the railroad shall not be less than 150 feet from the line of the railroad right-of-way.  (Ord. 277, A3, §3; Ord. 659)

 

Sec. 25–61.  Minimum street widths.

 

      The minimum right of way width of a minor street shall be fifty (50) feet.  Where streets adjoin un-subdivided property, a half street at least twenty-five (25) feet in right of way width shall be dedicated and whenever subdivided property adjoins a half street, the remainder of the street shall be dedicated.  No homes shall be constructed on half streets.  Half streets are permitted where it is essential to the reasonable development of the subdivision, and at other locations where the city engineer determines that it will be practical to require the dedication of the other half when adjoining property is subdivided.  No roadway shall be constructed on a half street right-of-way until both halves of the half street have been dedicated to the city. The city engineer may require the dedication of fifty feet (50) minimum right-of-way on perimeter streets to accommodate two lanes of traffic.  (Ord. 277, A3, §4; Ord. 659)

 

Sec. 25–62.  Minimum roadway width.

 

      The minimum paved surface width for streets shall be twenty-eight (28) feet on cul-de-sac streets two hundred forty feet (240) or shorter and thirty-four (34) feet wide for any through street or any cul-de-sac street greater than two hundred forty (240) feet in length.  Streets serving lots of one acre or larger and that are two hundred forty (240) feet or shorter may with approval of the commission be constructed with a minimum paved surface width of twenty feet (20).  (Ord. 277, A3, §5; Ord. 659)

 

 

Sec. 25–63.  Cul–de–sac.

 

      Except in cases where unusual topographic conditions may make it advisable to modify these

provision, the following shall apply:

 

      (a)      Maximum length of eight hundred feet (800’).

 

      (b)     Vehicular turnaround at the closed end of a street having a minimum right of way radius of fifty (50) feet and a roadway having a minimum radius of forty (40) feet to the interior curb line.

 

      (c)      In the case of temporarily dead-end streets, which are stub streets designed to provide future connection with un-subdivided areas adjoining, the city planning commission may require a temporary easement for a turnaround of the nature indicated above, or an appropriate area for a back-around, or a roadway at least twenty-six (26) feet in width of not excessive length to connect the temporary dead-end with an existing street.  (Ord. 277, A3, §6; Ord. 659)

 

 

Sec. 25–64.  Intersections.

 

      (a)      Street intersections shall be rounded by radii of at least thirty feet (30’) feet.

 

      (b)     Streets should be laid out to intersect at right angles, and may be curved approaching the intersection in order to bring this about; no street shall intersect any other street at an angle of less than sixty (60) degrees.

 

      (c)      The design of the intersection should be such that a clear sight distance will be maintained for seventy-five (75) feet at the roadway centerline with no obstruction to sight within the triangle formed by these points.  (Ord. 277, A3, §8; Ord. 659)

 

 

Sec. 25–65.  Street Names.

 

      Streets that are obviously in alignment with others already existing and named shall bear the name of the existing streets.  The proposed names of new streets shall be shown on the final plat and such names shall not duplicate or sound similar to existing street names.  The city engineer shall determine street names and house numbers.  (Ord. 277, A3, §9; Ord. 659)

 

Sec. 25–66.  Blocks.

 

      (a)      No block shall be longer than 1,200 feet between street lines.  An easement near the center of the block not less than ten (10) feet wide for a cross walk may be required on blocks that are over 750 feet in length.

 

      (b)     The width of blocks, except for special reasons, shall not be less than 200 feet.  (Ord. 277, A3, §10; Ord. 659)

 

Sec. 25–67.  Lots.

 

      (a)      The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

    (b)     The width and area of all lots shall comply with the requirements of the zoning district in which they are located.  Unless other wise determined by zoning regulations, no residential lot shall be less than sixty (60) feet in width at the building line, or less than eighty (80) feet in depth, or less than seven thousand two hundred (7,200) square feet in area.

 

      (c)      The foregoing requirements apply only to residential lots served b public sanitary sewers.  In the case of lots not so served, such lots shall be of sufficient additional area to properly accommodate a suitable private sewage disposal device.  The city planning commission will determine the required lot size upon report of  appropriate tests and adequate determination and recommendation of the County Health Officer or State Board of Health.

 

      (d)     In all lots, so far as possible, the side lines shall be at right angles to straight street lines or radial to curved street lines except where a variation of this rule will provide a better street and lot layout.

 

      (e)      Double frontage and reverse frontage lots shall be avoided except where their use will produce definite advantages in meeting special situations in relation to topography, sound site planning a proper land use.  (Ord. 277, A3, §11; Ord. 659)

 

 

Sec. 25-68.   Building Lines.

 

      (a)      Building lines conforming to zoning regulations shall be shown on all lots within the platted area.  Provisions shall be made by the owner’s declaration of plat, requiring all roofed or enclosed parts of buildings to be set back to such building lines.

 

      (b)     Eaves, cornices or other similar architectural features shall be permitted to project into a required yard no more than 12 inches. Chimneys shall be permitted to project no more than 2 feet, provided the width of any side yard is not reduced to less than 30 inches.

 

      (c)      Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet into the required front yard, provided such porch does not extend above the first level and is no more than 6 feet above grade at any point.

 

      (d)     Windows shall be permitted to project into a required rear yard no more than 6 inches.  (Ord. 277, A3, §12; Ord. 659)

 

Sec. 25–69.  Exceptions in neighborhood or community unit developments.

 

      Whenever a subdivision is developed as a modern neighborhood or community unit, wherein adequate park area is provided and through traffic is adequately cared for and the Majority of the minor streets are of the cul-de-sac type, the Commission may vary the requirements of section  25-61, 25-62, 25-63, 25-66, 25-67, 25-68 of this Article in order to allow the subdivider more freedom in the arrangements of the streets and lots, but at the same time protect the convenience, health and safety of the probable future residents of the subdivision as well as the general welfare of the surrounding area.  (Ord. 277, A3, §13; Ord. 659)

 

Sec. 25–70.  Character of development.

 

      The city planning commission and city council may require that certain minimum regulations regarding type and character of development be incorporated in the owner’ declaration of plat.  Such regulations shall be intended to protect the character and development of the platted subdivision, as well as that of the surrounding development.  (Ord. 277, A3, §8; Ord. 659)

 

Sec. 25–71.  Easements for public utilities.

 

      (a)      Where alleys are not provided in the plat of the City of St. James, Missouri, easements of not less than ten (10) feet in width shall be granted to the City by the owner on each side of all rear lot lines and, where necessary, side lot lines, for public utility requirements.  Easements of greater width shall be granted to the City along lot lines or across lots when necessary for extensions of main sewers or other utilities. (Ord. 324, §2; Ord. 574, §2)

 

      (b)     The placement or construction of buildings or structures on such public utility easements shall be permitted only pursuant to the provisions of this section.  (Ord. 574, §3)

 

      (c)      The owner of any lot within the limits of the City of St. James, Missouri may make written application to the city engineer for the placement or construction of any building or structure.  The city engineer shall have authority to approve the placement or construction of any fences across such utility easements and such fences shall be permitted upon the owner’s compliance with this ordinance.   Any request for placement or construction of a building or structure, other than a fence, shall be presented by the city engineer to the city council for consideration.  (Ord. 574, §4)

 

      (d)     The owner of any lot within the limits of the city of St. James, Missouri who makes application to the city engineer must apply for and receive a permit from the city engineer prior to placement or construction of any fence on such property where a public utility easement has been granted to the City.  In making application to and requesting a permit from the City each such lot owner shall agree in writing, to the following conditions:

 

(1)     To notify the city engineer, in writing, so as to locate the presence of all underground utilities prior to the placement or construction of any such fence.

 

(2)     To maintain access to the lot on which the City maintains a public utility easement by:

 

•           Providing a gate with a minimum width of ten (10) feet on both ends of such easement whether such gate consists of a single, ten-foot wide gate or two five-foot wide gates.

 

•           Agreeing to remove the fence in a timely fashion if notified by the City that access to the public utility easement is required.

 

•           Accepting responsibility for replacement of or repair of the fence should city utility crews be required to remove the fence in order to gain access to the easement in an emergency situation or should the lot owner fail to remove the fence in a timely manner when so notified to do so by the City. (Ord. 574, §5; Ord. 659)

 

Sec. 25–72.  Easements along streams and watercourses.

 

      Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall at his own expense, make adequate provisions for the proper drainage of surface water and shall also provide and dedicate to the City of St. James an easement along said streams and watercourses meeting the approval of the city planning commission. (Ord. 277, A3, §16; Ord. 659)

 

Sec. 25–73.  Storm Drainage.

 

      Storm sewers and open drainage-ways, including all appurtenant drainage structures, shall be constructed where necessary in accordance with plans and profiles and are prepared by the subdivider’s engineer and approved by the city engineer. A contour map shall be prepared for the area comprising the subdivision and such additional area as may be required by the city engineer to include any significant watersheds, which drain into or through the property to be developed.  The design for drainage of the subdivision must be adequate to provide for drainage of adjacent watershed areas after complete development of the total area.  The subdivider on the final plat must dedicate rights-of-way and easements for drainage facilities where such facilities do not lie within public street areas.  (Ord. 659)

 

Sec. 25–74.  Open spaces other than streets.

 

      Where an area being subdivided includes lands proposed to be used for parks or schools, the subdivider shall indicate the location of such areas on the subdivision plat.  Park sites are to be purchased within one year of the recording date of the subdivision by the City at the appraised raw land value prior to subdivision plus one-half of the cost of grading and paving, including curbs, of the portion of any streets that are contiguous to the site.  School sites are to be reserved for two years giving the appropriate school district the right to purchase the land at the appraised raw land value prior to subdivision plus one-half the cost of grading and paving, including curbs, of any streets contiguous to the site.  Should the park or school sites not be purchased within the time limit specified above, the subdivider may then sell them for an alternate purpose as shown on the approved subdivision plat.  (Ord. 277, A3, §18; Ord. 659)

 

Sec. 25–75.  Monuments.

 

      Monuments shall be placed at block corners, point of curves, change in direction along lot lines and at each lot corner in accordance with specifications of the city engineer.  (Ord. 277, A3, §17; Ord. 659)

 

Sec. 25-76.  Streets and right-of-way.

 

      Streets and right-of-way of subdivisions shall comply with the following specifications:

 

      (a)      The right-of-way width and the roadway width for each type of street shall not be Less than that specified in Section 25-61.

 

      (b)     The crown of each street shall not be less than four inches nor greater than six inches.

 

      (c)      Sub-grade preparation:

 

(1)  The roadbed shall be stripped of all organic and other unsuitable materials.  The sub-grade surface shall be brought to the specified lines, grades and cross section.  Tolerance shall be plus or minus 0.05 foot.

 

(2)  The sub-grade shall be compacted in both cut and fill sections to a density of 95% of the maximum density for the material used as determined by ASTM designation D-698.  Cut sections shall be compacted to a depth of at least six inches below finished sub-grade elevation.  Fill sections shall be compacted in lifts of less than six inches.

 

(3)  The newly finished sub-grade shall be repaired from any action of the elements.  Any settlement or washing that occurs prior to placing of aggregate base shall be repaired to the specified lines and grade and cross section.

 

(4)  The subdivider shall have compaction tests taken on the sub-grade at distances along the roadway every three hundred feet or fraction thereof as directed by the city engineer.  The results of these tests must be certified by a registered professional engineer and must be submitted to and approved by the city engineer prior to the installation of any aggregate base materials.

 

(5)  It shall be the responsibility of the subdivider to remove and replace unsuitable material in order to meet the above compaction requirements.  Admixtures to the soil such as cement or lime is acceptable.

      (d)     Aggregate Base (Compacted Granular Base)

 

(1)     Aggregate base shall consist of crushed limestone or dolomite meeting the following gradation requirements:

 

•     Passing 1-inch sieve 100%

•     Passing 1/2-inch sieve 55-90%

•     Passing No. 4 sieve 8-40%

•     Passing No. 10 sieve 0-15%

•     Passing No. 200 sieve 0-4%

 

Upon request by the city engineer the above gradation requirement shall be certified by the material supplier.  The city engineer must approve any variance from these criteria.

 

(2)     Aggregate base material shall be compacted to a density of 95% of the maximum density for the material used as determined by ASTM designation D-698.

 

(3)     The minimum thickness of base materials for specific street types shall be six inches.  Thicker bases will be required in industrial areas or areas of poor soil conditions.

 

      (e)      Paving and finishing.

 

(1)     The contractor shall be responsible for raising and lowering manholes and valve boxes to finish grade.  The contractor shall furnish manhole rings and valve can extensions.

 

(2)     The minimum thickness of paving materials for specific street types shall be 2” for hot mix asphalt or 3/4” for double bituminous surface treatments.

 

(3)     In industrial areas or other areas subject to heavy trucks or equipment loads, or in areas where poor soil conditions exist, the above thickness requirements will be increased by the city engineer.

 

(4)     The city engineer shall approve all base and surface materials and their method of placement.

 

      (f)      The finished grade of the parkway (being the area between the curb and gutter and the right-of-way line or property line) shall, where possible, slope from the back or top of curb to a point three inches to twelve inches above the curb at a point perpendicular to curb and gutter or street centerline. (Ord. 659)

 

Sec. 25-77.  Curb and guttering of subdivision.

 

      (a)      All streets shall be bound by curb and gutter.

 

      (b)     All concrete shall be air entrained with 4% to 6% air, 6-bag mix developing 4000 p.s.i. in 28 days.  Slump shall be two inches to four inches.  Aggregate gradation shall conform to ASTM C33 with one and one-half inch maximum size aggregate.

 

      (c)      The flag of such cement concrete gutter shall be eighteen inches wide and one-half inch above flow line and of a thickness of six inches and the top of the curb shall be six inches above the flow line.

 

      (d)     Backfill material, where necessary, shall be placed as soon as possible after seventy-two hours has elapsed from time of placement of the curb and gutter.

 

      (e)      No concrete shall be placed when the ambient temperature is below 26 degrees Fahrenheit.  Concrete placed during rain, may be rejected by the city engineer if the finish is damaged as a result thereof and rejected work must be corrected by the subdivider.  (Ord. 659)

Sec. 25-78.  Grades of streets and curbs.

 

      (a)      Streets shall be so arranged that grades shall not exceed ten percent for major thoroughfares and fifteen percent for minor streets.  The city planning commission may permit variation from these grades where it deems modification advisable to adjust topographic situations.

 

      (b)     The owner of the subdivision shall provide the city engineer with plans and drawings, which show the grades of all streets and curbs within such subdivision.

 

      (c)      All changes in street grades shall be connected by a vertical curve of reasonable length to assure adequate visibility.

 

      (d)     In approaching intersections, there should be a suitable leveling of the street at a grade generally not exceeding five percent and for a distance of generally not less than 100 feet from the nearest line of the intersecting street.  The grade within the intersection should be as level as possible, permitting proper drainage.

 

      (e)      No street grades shall be less than one-half of one percent on any type street.  (Ord. 277, A3, §7; Ord. 659)

 

Sec. 25-79.  Survey standards.

 

      (a)      The subdivider’s surveyor shall establish, or confirm the prior establishment of permanent monuments, at each and every controlling corner on the boundaries of the parcel or tract of land being subdivided or as approved by the city engineer.  In addition the subdivider’s surveyor shall establish at least two permanent monuments as approved by the city engineer for each and every block in the sub-division. Such monuments shall be placed so as to create base lines in each block from which all other points and lines in that block are laid out.  All monuments established under the provisions of this paragraph shall be concrete monuments and shall meet minimum standards for monumentation as established by the state land survey authority.

 

      (b)     All land surveys shall meet the requirements of the current minimum standards for property boundary surveys adopted by the state land survey authority.

 

      (c)      The subdivider’s survey shall furnish the city engineer’s office with a reproducible copy of the approved final sub-division plat.  (Ord. 659)

 

Sec. 25-80.  Sidewalk and tree zone.

 

      Subdivisions shall have sidewalks on one side of the street.  There is established and set apart, a strip of land from front property line to the curb or edge of the street on either side of all the streets in the residence portion within the city, to be known as the sidewalk and tree zone.  In the construction of sidewalks, such sidewalks shall be set adjacent to the property line and shall be four feet six inches wide, unless otherwise provided by this Code or other ordinances.  Where sidewalks exist, the remainder of the strip of land shall be used only for the purpose of planting grass, shade trees, and ornamental trees by the adjacent property owners.  In the working or repairing of any streets, due regard shall be had for the purposes for which this strip of land or zone is dedicated.  (Ord. 659)

 

 

DIVISION 4

IMPROVEMENTS

 

Sec. 25–81.  In general.

 

      The subdivider shall install and construct all improvements required by this Article.  All required improvements shall be installed and constructed in accordance with the specifications and under the supervision of the city council and to its satisfaction.  (ORD. 277, A4; ORD. 659)

Sec. 25–82.  Streets.

 

      All streets within the platted area which are dedicated for public use shall be brought to the grade approved by the city council and after receiving the report and recommendations of the city engineer.  (Ord. 277, A4, §1; Ord. 659)

 

Sec. 25–83.   Water lines.

 

      Water lines shall be provided by the sub-divider to city standards.

 

      Where a public water main is reasonably accessible, the sub-divider shall connect with such water main and provide a water connection for each lot in accordance with City standards, procedure and supervision.  (Ord. 277, A4, §3; Ord. 659)

 

Standards/Specifications:

      (a)   All connections of service pipe with the city water mains shall be made by tapping a corporation stop into the side of the water main and such tapping shall in no case be made nearer than 18 inches to a calked joint. 

 

      (b)  The consumer will pay all cost of all material from this point for the tapping of the main.  The property owner will provide 3/4" K copper to meter.  The service pipe shall extend from the main to the meter setter which will be set just inside of the property line.

 

      (c)     The meter shall be connected to such service line by standard fittings supplied with the meter.  The meter setter and the meter shall be set together in a vitrified meter box 18" in diameter with a regulation metal lid, said box to extend not less than two inches above the surface of the ground.  SDR 13.5 PVC plastic pipe can be used from the meter to the house or copper pipe.  No solder containing lead can be used. 

 

      (d)  All valves, corporation cocks, curb cocks, meter settings, meter boxes and in general the entire installation from the main to and including the meter shall be inspected and approved by the water commissioner before water will be turned on the service. 

 

      (e)   If any special connection with the water mains is required or any service that requires a larger size service pipe than 3/4 inch special instructions will be given the plumber or property owner for such connection by the City water commissioner.  (Ord. 60, §12; Ord. 515; Ord. 960)

 

      Procedures:

      (a)   All new construction of water mains and the water service lines from the main to the meter box at the edge of the property will be at the developer or owner expense. Upon approval of a Building Permit of a new building, the owner may install new service line from the newly constructed building and ONLY make connection to the meter with supervision of City Utilities after line from main to meter is flushed by City Utilities personnel.

 

      (b)  Any deviation from these standards and procedures will require written approval by the Municipal Utilities Board.  (Ord. 960)

 

Sec. 25–84.   Sewers.

 

      Sanitary sewer lines shall be provided by the sub-divider to city standards.

 

      (a)      Where public sanitary sewer is reasonably accessible, the sub-divider shall connect or provide for the connection with such sanitary sewer; and shall provide within the subdivision the Sanitary Sewer System required to make the sewer accessible to each lot in the sub-division.  Sewer systems shall be approved by the city council and board of Health of the State of Missouri and the construction subject to the supervision of the city engineer. Each lot or separate building shall be provided with individual access to a city owned sanitary line.”

    (b)     Where sanitary sewers are not available other facilities as approved by the city council and the board of health of the State of Missouri must be provided for the adequate disposal of sanitary wastes.  (Ord. 277, A4, §4; Ord. 659)

 

Sec. 25–85 to 25–90.  Reserved.

 

DIVISION 5

PRELIMINARY PLAN

 

Sec. 25–91.  Preliminary plan – Scale.

 

      The preliminary plan shall be clearly and legibly drawn to a scale of one inch to one hundred feet or less and shall be plainly marked “Preliminary Plan” and drawn in accordance with Missouri Surveying and Engineering Standards to include filing requirements of the Phelps County Recorder of Deeds except that the mylar drawing is not required until submission of final plat(s).  (Ord. 277, A5, §1; Ord. 659; Ord. 906)

 

Sec. 25–92.  Preliminary plans – Details.

 

      The plan shall show:

 

      (a)      The proposed name of the subdivision and, if different, the title under which the subdivision is to be recorded.

 

      (b)     The name and address of the owner and the name, address and profession of the person preparing the plan.

 

      (c)      The date, scale and north-point and a key map showing the general location of the proposed sub-division in relation to surrounding development.

 

      (d)     The legal description of the area being platted, including the block, section, United States survey, or part thereof.

 

      (e)      The boundary line (accurate in scale), the dimension and location of the property to be platted and the location of section lines, quarter section lines, or United States survey lines.

 

      (f)      Contours with intervals of not less than five (5) feet.

 

      (g)     The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features, affecting the plan.

 

      (h)     The proposed use for the area being platted.

 

      (i)      The layout, numbers, and appropriate dimensions of proposed lots.

 

      (j)      The layout of all existing and proposed building lines and easements.

 

      (k)     The location, width, and dimensions of all streets, alleys, and grounds proposed to de dedicated for public use.

 

      (l)      Proposed names for all streets in the area being platted.

 

      (m)    Any restrictions proposed to be included in the owner’s declaration of plat.

(Ord. 277, A5, §2; Ord. 659)

 

 

Sec. 25–93 to 25–97. Reserved.

 

DIVISION 6

FINAL PLAT REQUIREMENTS

 

Sec. 25–98.  Plat scale.

 

      The final plat shall be clearly and legible drawn to a scale of one inch to one hundred feet or less in accordance with Missouri Surveying and Engineering Standards to include filing requirements of the Phelps County Recorder of Deeds.  (Ord. 277, A6, §1; Ord. 659; Ord. 906)

 

Sec. 25–99.  Plat details.

 

      The plat shall show:

 

      (a)      The title under which the subdivision is to be recorded.

 

      (b)     The name or names of the owners and subdividers.

 

      (c)      The date, scale and north-point, and a key map showing the general location of the proposed subdivision.

 

      (d)     The legal description of the area being platted, including the block, section, United States survey or part thereof.

 

      (e)      Accurate distances and bearings of all boundary lines of the subdivision including all sections, quarter sections, U.S. Survey and Congressional Township lines.

 

      (f)      Centerlines of all proposed and adjoining streets with their right-of-way widths and names.

 

      (g)     Lines of all lots with a simple method of numbering to identify all lots and blocks.

 

      (h)     All building lines and all easements provided for public service together with their dimensions and any limitations of the easements.

 

      (i)      Any and all dimensions necessary for accurate location of the boundaries of the site to be developed and of all streets, lots, easements and dedicated areas.  These dimensions shall be expressed in feet and decimals of a foot.

 

      (j)      All radii, arcs, points of tangency, central angles and lengths of curves.

 

      (k)     Certification by a registered land surveyor that the final plat as shown is a correct representation of the survey as made.

 

      (l)      All survey monuments and bench marks, together with their description.

 

      (m)    Private restrictive covenants and their period of existence.

 

      (n)     The accurate outline, dimensions and purposes of all property which is offered for dedication or is to be reserved for acquisition for public use, or is to be reserved by deed covenant for the common use of the property owners in the subdivision.  (Ord. 277, A6, §2; Ord. 659)

 

 

Sec. 25-100.  Exceptions.

 

      This ordinance is effective upon passage by the council and signature by the Mayor with the following exceptions:

      Subdivisions which are approved by the council through the normal process by January 1, 2001, and are accompanied by a bond in the amount necessary to curb, pave, provide sidewalks, utilities and other improvements required by this ordinance. Bond to be forfeited to complete improvements if said improvements are not completed by September 30, 2001.  (Ord. 659)

 

Sec. 25–101 to 25–104.  Reserved.

 

 

DIVISION 7.  IMPROVEMENT PLANS

 

Sec. 25-105.  Plans, profiles and cross sections.

 

      The subdivider shall submit to the city engineer the following plans, profiles and cross sections, drawn to a horizontal scale of one inch to one hundred feet or less and a vertical scale of one inch to twenty feet or less, and specifications for the construction of the improvements for the subdivision as required in this regulation.  All elevations shall be referred to mean sea level.

 

      (a)   The plan and profile of each street with tentative grades and street intersection elevations.

 

      (b)  The cross sections of proposed streets showing the width or roadways, present and proposed grade lines, and location and size of utility mains.  The cross sections shall be taken and platted at intervals of not more than one hundred feet along the centerline, unless otherwise required by the city engineer, and shall extend out to the sides to that point where the proposed grade intersects the existing grade.  In no case shall these cross sections be extended less than the full width of the right-of-way.

 

      (c)   The plan and profile of proposed sanitary sewers and storm water sewers with grades and pipe sizes indicated, and a plan of the proposed water distribution system showing pipe sizes and location of valves and fire hydrants.

 

      (d)  Specifications for the required improvements. Standard specifications approved by the city engineer may be used.  (Ord. 277, A 7, §1.)

 

 

Secs. 25-106 to 25-110.  Reserved.

 


ARTICLE II

SUBDIVISIONS

 

 

DIVISION 8.  EXCEPTIONS,

AMENDMENTS AND VALIDITY

 

 

Sec. 25-111.  Modification of requirements.

 

      Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the commission and city council may vary or modify them in such a way that the subdivider be allowed to plan and develop his property and record a plat of same, provided, however, that the public welfare and interests of the municipality be fully protected and the general intent and spirit of the regulations preserved.  (Ord. 277, A 8, §1.)

 

 

Sec. 25-112.  Changes and amendments.

 

      Any regulations or provisions of these regulations may be changed and amended from time to time by the city council; provided, however, that such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation in the City of St. James at least fifteen days prior to such hearing.  (Ord. 277, A9, §1.)

 

 

Sec. 25-113.  Validity.

 

      If any Section, Subsection, Sentence, Clause, or Phrase of this Ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Ordinance.  (Ord. 277, A 10., §1.)

 

 

Secs. 25-114 to 25-118.  Reserved.

 

 

ARTICLE II

SUBDIVISIONS

 

 

DIVISION 9.  PLATS ACCEPTED

 

 

Sec. 25-119.       Accepting replat of blocks 5, 6 and 7 in Stricker Addition.

 

      That the Plat of Stricker's replat of blocks 5, 6 and 7 in Stricker Addition to the City of St. James, Missouri be and the same is hereby approved and accepted.  (Ord. 179, §1.)

 

 

Sec. 25-120.  Accepting plat of Delano-Stricker Addition.

 

      That the Plat of Delano-Stricker Addition to the City of St. James, Missouri be and the same is hereby approved and accepted.  (Ord. 180, §1.)

 

Sec. 25–71.  Easements for public utilities.

 

      (a)      Where alleys are not provided in the plat of the City of St. James, Missouri, easements of not less than ten (10) feet in width shall be granted to the City by the owner on each side of all rear lot lines and, where necessary, side lot lines, for public utility requirements.  Easements of greater width shall be granted to the City along lot lines or across lots when necessary for extensions of main sewers or other utilities. (Ord. 324, §2; Ord. 574, §2)

 

      (b)     The placement or construction of buildings or structures on such public utility easements shall be permitted only pursuant to the provisions of this section.  (Ord. 574, §3)

 

      (c)      The owner of any lot within the limits of the City of St. James, Missouri may make written application to the city engineer for the placement or construction of any building or structure.  The city engineer shall have authority to approve the placement or construction of any fences across such utility easements and such fences shall be permitted upon the owner’s compliance with this ordinance.   Any request for placement or construction of a building or structure, other than a fence, shall be presented by the city engineer to the city council for consideration.  (Ord. 574, §4)

 

      (d)     The owner of any lot within the limits of the city of St. James, Missouri who makes application to the city engineer must apply for and receive a permit from the city engineer prior to placement or construction of any fence on such property where a public utility easement has been granted to the City.  In making application to and requesting a permit from the City each such lot owner shall agree in writing, to the following conditions:

 

(1)     To notify the city engineer, in writing, so as to locate the presence of all underground utilities prior to the placement or construction of any such fence.

 

(2)     To maintain access to the lot on which the City maintains a public utility easement by:

 

•           Providing a gate with a minimum width of ten (10) feet on both ends of such easement whether such gate consists of a single, ten-foot wide gate or two five-foot wide gates.

 

•           Agreeing to remove the fence in a timely fashion if notified by the City that access to the public utility easement is required.

 

•           Accepting responsibility for replacement of or repair of the fence should city utility crews be required to remove the fence in order to gain access to the easement in an emergency situation or should the lot owner fail to remove the fence in a timely manner when so notified to do so by the City. (Ord. 574, §5; Ord. 659)

 

Sec. 25–72.  Easements along streams and watercourses.

 

      Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall at his own expense, make adequate provisions for the proper drainage of surface water and shall also provide and dedicate to the City of St. James an easement along said streams and watercourses meeting the approval of the city planning commission. (Ord. 277, A3, §16; Ord. 659)

 

Sec. 25–73.  Storm Drainage.

 

      Storm sewers and open drainage-ways, including all appurtenant drainage structures, shall be constructed where necessary in accordance with plans and profiles and are prepared by the subdivider’s engineer and approved by the city engineer. A contour map shall be prepared for the area comprising the subdivision and such additional area as may be required by the city engineer to include any significant watersheds, which drain into or through the property to be developed.  The design for drainage of the subdivision must be adequate to provide for drainage of adjacent watershed areas after complete development of the total area.  The subdivider on the final plat must dedicate rights-of-way and easements for drainage facilities where such facilities do not lie within public street areas.  (Ord. 659)

 

Sec. 25–74.  Open spaces other than streets.

 

      Where an area being subdivided includes lands proposed to be used for parks or schools, the subdivider shall indicate the location of such areas on the subdivision plat.  Park sites are to be purchased within one year of the recording date of the subdivision by the City at the appraised raw land value prior to subdivision plus one-half of the cost of grading and paving, including curbs, of the portion of any streets that are contiguous to the site.  School sites are to be reserved for two years giving the appropriate school district the right to purchase the land at the appraised raw land value prior to subdivision plus one-half the cost of grading and paving, including curbs, of any streets contiguous to the site.  Should the park or school sites not be purchased within the time limit specified above, the subdivider may then sell them for an alternate purpose as shown on the approved subdivision plat.  (Ord. 277, A3, §18; Ord. 659)

 

Sec. 25–75.  Monuments.

 

      Monuments shall be placed at block corners, point of curves, change in direction along lot lines and at each lot corner in accordance with specifications of the city engineer.  (Ord. 277, A3, §17; Ord. 659)

 

Sec. 25-76.  Streets and right-of-way.

 

      Streets and right-of-way of subdivisions shall comply with the following specifications:

 

      (a)      The right-of-way width and the roadway width for each type of street shall not be Less than that specified in Section 25-61.

 

      (b)     The crown of each street shall not be less than four inches nor greater than six inches.

 

      (c)      Sub-grade preparation:

 

(1)  The roadbed shall be stripped of all organic and other unsuitable materials.  The sub-grade surface shall be brought to the specified lines, grades and cross section.  Tolerance shall be plus or minus 0.05 foot.

 

(2)  The sub-grade shall be compacted in both cut and fill sections to a density of 95% of the maximum density for the material used as determined by ASTM designation D-698.  Cut sections shall be compacted to a depth of at least six inches below finished sub-grade elevation.  Fill sections shall be compacted in lifts of less than six inches.

 

(3)  The newly finished sub-grade shall be repaired from any action of the elements.  Any settlement or washing that occurs prior to placing of aggregate base shall be repaired to the specified lines and grade and cross section.

 

(4)  The subdivider shall have compaction tests taken on the sub-grade at distances along the roadway every three hundred feet or fraction thereof as directed by the city engineer.  The results of these tests must be certified by a registered professional engineer and must be submitted to and approved by the city engineer prior to the installation of any aggregate base materials.

 

(5)  It shall be the responsibility of the subdivider to remove and replace unsuitable material in order to meet the above compaction requirements.  Admixtures to the soil such as cement or lime is acceptable.

      (d)     Aggregate Base (Compacted Granular Base)

 

(1)     Aggregate base shall consist of crushed limestone or dolomite meeting the following gradation requirements:

 

•     Passing 1-inch sieve 100%

•     Passing 1/2-inch sieve 55-90%

•     Passing No. 4 sieve 8-40%

•     Passing No. 10 sieve 0-15%

•     Passing No. 200 sieve 0-4%

 

Upon request by the city engineer the above gradation requirement shall be certified by the material supplier.  The city engineer must approve any variance from these criteria.

 

(2)     Aggregate base material shall be compacted to a density of 95% of the maximum density for the material used as determined by ASTM designation D-698.

 

(3)     The minimum thickness of base materials for specific street types shall be six inches.  Thicker bases will be required in industrial areas or areas of poor soil conditions.

 

      (e)      Paving and finishing.

 

(1)     The contractor shall be responsible for raising and lowering manholes and valve boxes to finish grade.  The contractor shall furnish manhole rings and valve can extensions.

 

(2)     The minimum thickness of paving materials for specific street types shall be 2” for hot mix asphalt or 3/4” for double bituminous surface treatments.

 

(3)     In industrial areas or other areas subject to heavy trucks or equipment loads, or in areas where poor soil conditions exist, the above thickness requirements will be increased by the city engineer.

 

(4)     The city engineer shall approve all base and surface materials and their method of placement.

 

      (f)      The finished grade of the parkway (being the area between the curb and gutter and the right-of-way line or property line) shall, where possible, slope from the back or top of curb to a point three inches to twelve inches above the curb at a point perpendicular to curb and gutter or street centerline. (Ord. 659)

 

Sec. 25-77.  Curb and guttering of subdivision.

 

      (a)      All streets shall be bound by curb and gutter.

 

      (b)     All concrete shall be air entrained with 4% to 6% air, 6-bag mix developing 4000 p.s.i. in 28 days.  Slump shall be two inches to four inches.  Aggregate gradation shall conform to ASTM C33 with one and one-half inch maximum size aggregate.

 

      (c)      The flag of such cement concrete gutter shall be eighteen inches wide and one-half inch above flow line and of a thickness of six inches and the top of the curb shall be six inches above the flow line.

 

      (d)     Backfill material, where necessary, shall be placed as soon as possible after seventy-two hours has elapsed from time of placement of the curb and gutter.

 

      (e)      No concrete shall be placed when the ambient temperature is below 26 degrees Fahrenheit.  Concrete placed during rain, may be rejected by the city engineer if the finish is damaged as a result thereof and rejected work must be corrected by the subdivider.  (Ord. 659)

Sec. 25-78.  Grades of streets and curbs.

 

      (a)      Streets shall be so arranged that grades shall not exceed ten percent for major thoroughfares and fifteen percent for minor streets.  The city planning commission may permit variation from these grades where it deems modification advisable to adjust topographic situations.

 

      (b)     The owner of the subdivision shall provide the city engineer with plans and drawings, which show the grades of all streets and curbs within such subdivision.

 

      (c)      All changes in street grades shall be connected by a vertical curve of reasonable length to assure adequate visibility.

 

      (d)     In approaching intersections, there should be a suitable leveling of the street at a grade generally not exceeding five percent and for a distance of generally not less than 100 feet from the nearest line of the intersecting street.  The grade within the intersection should be as level as possible, permitting proper drainage.

 

      (e)      No street grades shall be less than one-half of one percent on any type street.  (Ord. 277, A3, §7; Ord. 659)

 

Sec. 25-79.  Survey standards.

 

      (a)      The subdivider’s surveyor shall establish, or confirm the prior establishment of permanent monuments, at each and every controlling corner on the boundaries of the parcel or tract of land being subdivided or as approved by the city engineer.  In addition the subdivider’s surveyor shall establish at least two permanent monuments as approved by the city engineer for each and every block in the sub-division. Such monuments shall be placed so as to create base lines in each block from which all other points and lines in that block are laid out.  All monuments established under the provisions of this paragraph shall be concrete monuments and shall meet minimum standards for monumentation as established by the state land survey authority.

 

      (b)     All land surveys shall meet the requirements of the current minimum standards for property boundary surveys adopted by the state land survey authority.

 

      (c)      The subdivider’s survey shall furnish the city engineer’s office with a reproducible copy of the approved final sub-division plat.  (Ord. 659)

 

Sec. 25-80.  Sidewalk and tree zone.

 

      Subdivisions shall have sidewalks on one side of the street.  There is established and set apart, a strip of land from front property line to the curb or edge of the street on either side of all the streets in the residence portion within the city, to be known as the sidewalk and tree zone.  In the construction of sidewalks, such sidewalks shall be set adjacent to the property line and shall be four feet six inches wide, unless otherwise provided by this Code or other ordinances.  Where sidewalks exist, the remainder of the strip of land shall be used only for the purpose of planting grass, shade trees, and ornamental trees by the adjacent property owners.  In the working or repairing of any streets, due regard shall be had for the purposes for which this strip of land or zone is dedicated.  (Ord. 659)

 

 

DIVISION 4

IMPROVEMENTS

 

Sec. 25–81.  In general.

 

      The subdivider shall install and construct all improvements required by this Article.  All required improvements shall be installed and constructed in accordance with the specifications and under the supervision of the city council and to its satisfaction.  (ORD. 277, A4; ORD. 659)         

Sec. 25–82.  Streets.

 

      All streets within the platted area which are dedicated for public use shall be brought to the grade approved by the city council and after receiving the report and recommendations of the city engineer.  (Ord. 277, A4, §1; Ord. 659)

 

Sec. 25–83.   Water lines.

 

      Water lines shall be provided by the sub-divider to city standards.

 

      Where a public water main is reasonably accessible, the sub-divider shall connect with such water main and provide a water connection for each lot in accordance with City standards, procedure and supervision.  (Ord. 277, A4, §3; Ord. 659)

 

Standards/Specifications:

      (a)   All connections of service pipe with the city water mains shall be made by tapping a corporation stop into the side of the water main and such tapping shall in no case be made nearer than 18 inches to a calked joint. 

 

      (b)  The consumer will pay all cost of all material from this point for the tapping of the main.  The property owner will provide 3/4" K copper to meter.  The service pipe shall extend from the main to the meter setter which will be set just inside of the property line.

 

      (c)     The meter shall be connected to such service line by standard fittings supplied with the meter.  The meter setter and the meter shall be set together in a vitrified meter box 18" in diameter with a regulation metal lid, said box to extend not less than two inches above the surface of the ground.  SDR 13.5 PVC plastic pipe can be used from the meter to the house or copper pipe.  No solder containing lead can be used. 

 

      (d)  All valves, corporation cocks, curb cocks, meter settings, meter boxes and in general the entire installation from the main to and including the meter shall be inspected and approved by the water commissioner before water will be turned on the service. 

 

      (e)   If any special connection with the water mains is required or any service that requires a larger size service pipe than 3/4 inch special instructions will be given the plumber or property owner for such connection by the City water commissioner.  (Ord. 60, §12; Ord. 515; Ord. 960)

 

      Procedures:

      (a)   All new construction of water mains and the water service lines from the main to the meter box at the edge of the property will be at the developer or owner expense. Upon approval of a Building Permit of a new building, the owner may install new service line from the newly constructed building and ONLY make connection to the meter with supervision of City Utilities after line from main to meter is flushed by City Utilities personnel.

 

      (b)  Any deviation from these standards and procedures will require written approval by the Municipal Utilities Board.  (Ord. 960)

 

Sec. 25–84.   Sewers.

 

      Sanitary sewer lines shall be provided by the sub-divider to city standards.

 

      (a)      Where public sanitary sewer is reasonably accessible, the sub-divider shall connect or provide for the connection with such sanitary sewer; and shall provide within the subdivision the Sanitary Sewer System required to make the sewer accessible to each lot in the sub-division.  Sewer systems shall be approved by the city council and board of Health of the State of Missouri and the construction subject to the supervision of the city engineer. Each lot or separate building shall be provided with individual access to a city owned sanitary line.”

    (b)     Where sanitary sewers are not available other facilities as approved by the city council and the board of health of the State of Missouri must be provided for the adequate disposal of sanitary wastes.  (Ord. 277, A4, §4; Ord. 659)

 

Sec. 25–85 to 25–90.  Reserved.

 

DIVISION 5

PRELIMINARY PLAN

 

Sec. 25–91.  Preliminary plan – Scale.

 

      The preliminary plan shall be clearly and legibly drawn to a scale of one inch to one hundred feet or less and shall be plainly marked “Preliminary Plan” and drawn in accordance with Missouri Surveying and Engineering Standards to include filing requirements of the Phelps County Recorder of Deeds except that the mylar drawing is not required until submission of final plat(s).  (Ord. 277, A5, §1; Ord. 659; Ord. 906)

 

Sec. 25–92.  Preliminary plans – Details.

 

      The plan shall show:

 

      (a)      The proposed name of the subdivision and, if different, the title under which the subdivision is to be recorded.

 

      (b)     The name and address of the owner and the name, address and profession of the person preparing the plan.

 

      (c)      The date, scale and north-point and a key map showing the general location of the proposed sub-division in relation to surrounding development.

 

      (d)     The legal description of the area being platted, including the block, section, United States survey, or part thereof.

 

      (e)      The boundary line (accurate in scale), the dimension and location of the property to be platted and the location of section lines, quarter section lines, or United States survey lines.

 

      (f)      Contours with intervals of not less than five (5) feet.

 

      (g)     The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features, affecting the plan.

 

      (h)     The proposed use for the area being platted.

 

      (i)      The layout, numbers, and appropriate dimensions of proposed lots.

 

      (j)      The layout of all existing and proposed building lines and easements.

 

      (k)     The location, width, and dimensions of all streets, alleys, and grounds proposed to de dedicated for public use.

 

      (l)      Proposed names for all streets in the area being platted.

 

      (m)    Any restrictions proposed to be included in the owner’s declaration of plat.

(Ord. 277, A5, §2; Ord. 659)

 

 

Sec. 25–93 to 25–97. Reserved.

 

DIVISION 6

FINAL PLAT REQUIREMENTS

 

Sec. 25–98.  Plat scale.

 

      The final plat shall be clearly and legible drawn to a scale of one inch to one hundred feet or less in accordance with Missouri Surveying and Engineering Standards to include filing requirements of the Phelps County Recorder of Deeds.  (Ord. 277, A6, §1; Ord. 659; Ord. 906)

 

Sec. 25–99.  Plat details.

 

      The plat shall show:

 

      (a)      The title under which the subdivision is to be recorded.

 

      (b)     The name or names of the owners and subdividers.

 

      (c)      The date, scale and north-point, and a key map showing the general location of the proposed subdivision.

 

      (d)     The legal description of the area being platted, including the block, section, United States survey or part thereof.

 

      (e)      Accurate distances and bearings of all boundary lines of the subdivision including all sections, quarter sections, U.S. Survey and Congressional Township lines.

 

      (f)      Centerlines of all proposed and adjoining streets with their right-of-way widths and names.

 

      (g)     Lines of all lots with a simple method of numbering to identify all lots and blocks.

 

      (h)     All building lines and all easements provided for public service together with their dimensions and any limitations of the easements.

 

      (i)      Any and all dimensions necessary for accurate location of the boundaries of the site to be developed and of all streets, lots, easements and dedicated areas.  These dimensions shall be expressed in feet and decimals of a foot.

 

      (j)      All radii, arcs, points of tangency, central angles and lengths of curves.

 

      (k)     Certification by a registered land surveyor that the final plat as shown is a correct representation of the survey as made.

 

      (l)      All survey monuments and bench marks, together with their description.

 

      (m)    Private restrictive covenants and their period of existence.

 

      (n)     The accurate outline, dimensions and purposes of all property which is offered for dedication or is to be reserved for acquisition for public use, or is to be reserved by deed covenant for the common use of the property owners in the subdivision.  (Ord. 277, A6, §2; Ord. 659)

 

 

Sec. 25-100.  Exceptions.

 

      This ordinance is effective upon passage by the council and signature by the Mayor with the following exceptions:

 

      Subdivisions which are approved by the council through the normal process by January 1, 2001, and are accompanied by a bond in the amount necessary to curb, pave, provide sidewalks, utilities and other improvements required by this ordinance. Bond to be forfeited to complete improvements if said improvements are not completed by September 30, 2001.  (Ord. 659)

 

Sec. 25–101 to 25–104.  Reserved.

 

 

DIVISION 7.  IMPROVEMENT PLANS

 

Sec. 25-105.  Plans, profiles and cross sections.

 

      The subdivider shall submit to the city engineer the following plans, profiles and cross sections, drawn to a horizontal scale of one inch to one hundred feet or less and a vertical scale of one inch to twenty feet or less, and specifications for the construction of the improvements for the subdivision as required in this regulation.  All elevations shall be referred to mean sea level.

 

      (a)   The plan and profile of each street with tentative grades and street intersection elevations.

 

      (b)  The cross sections of proposed streets showing the width or roadways, present and proposed grade lines, and location and size of utility mains.  The cross sections shall be taken and platted at intervals of not more than one hundred feet along the centerline, unless otherwise required by the city engineer, and shall extend out to the sides to that point where the proposed grade intersects the existing grade.  In no case shall these cross sections be extended less than the full width of the right-of-way.

 

      (c)   The plan and profile of proposed sanitary sewers and storm water sewers with grades and pipe sizes indicated, and a plan of the proposed water distribution system showing pipe sizes and location of valves and fire hydrants.

 

      (d)  Specifications for the required improvements. Standard specifications approved by the city engineer may be used.  (Ord. 277, A 7, §1.)

 

 

Secs. 25-106 to 25-110.  Reserved.


ARTICLE II

SUBDIVISIONS

 

 

DIVISION 8.  EXCEPTIONS,

AMENDMENTS AND VALIDITY

 

 

Sec. 25-111.  Modification of requirements.

 

      Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the commission and city council may vary or modify them in such a way that the subdivider be allowed to plan and develop his property and record a plat of same, provided, however, that the public welfare and interests of the municipality be fully protected and the general intent and spirit of the regulations preserved.  (Ord. 277, A 8, §1.)

 

 

Sec. 25-112.  Changes and amendments.

 

      Any regulations or provisions of these regulations may be changed and amended from time to time by the city council; provided, however, that such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation in the City of St. James at least fifteen days prior to such hearing.  (Ord. 277, A9, §1.)

 

 

Sec. 25-113.  Validity.

 

      If any Section, Subsection, Sentence, Clause, or Phrase of this Ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Ordinance.  (Ord. 277, A 10., §1.)

 

 

Secs. 25-114 to 25-118.  Reserved.

 

 

ARTICLE II

SUBDIVISIONS

 

 

DIVISION 9.  PLATS ACCEPTED

 

 

Sec. 25-119.       Accepting replat of blocks 5, 6 and 7 in Stricker Addition.

 

      That the Plat of Stricker's replat of blocks 5, 6 and 7 in Stricker Addition to the City of St. James, Missouri be and the same is hereby approved and accepted.  (Ord. 179, §1.)

 

 

Sec. 25-120.  Accepting plat of Delano-Stricker Addition.

 

      That the Plat of Delano-Stricker Addition to the City of St. James, Missouri be and the same is hereby approved and accepted.  (Ord. 180, §1.)

 

Sec. 25-121.  Accepting Plat of Mitchell Addition.

 

      That the Plat of the Mitchell Addition to the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 182, §1.)

 

 

Sec. 25-122.  Accepting Plat of Burning Bush Addition.

 

      That the Plat of the Burning Bush Addition of the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 183, §1.)

 

 

Sec. 25-123.  Accepting Plat of Matlock Addition.

 

      That the Plat of the Matlock Addition to the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 186B, §1.)

 

 

Sec. 25-124.  Accepting Plat of Schebaum Addition.

 

      That the Plat of the Schebaum Addition to the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 187, §1.)

 

 

Sec. 25-125.  Accepting Plat of Conway Addition.

 

      That the Plat of the Conway Addition of the City of St. James, Missouri, be and the same is hereby accepted and approved.  (Ord. 203, §1.)

 

 

Sec. 25-126.  Accepting Plat of Matthews Addition.

 

      That the Plat of the Matthews Addition of the City of St. James, Missouri, be and the same is hereby accepted and approved.  (Ord. 211, §1.)

 

 

Sec. 25-127.       Accepting Plat of the Reitz Subdivision and accepting as a public alley the

                        west 7.5 feet of lot 375, and the east 7.5 feet of lot 374.

 

      That the Plat and the dedicated alley of the Reitz Subdivision of the City of St. James, Missouri, be and the same is hereby accepted and approved.  (Ord. 230, §1.)

 

 

Sec. 25-128.  Accepting Plat of Burchwood Addition.

 

      That the Plat of the Burchwood Addition to the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 242, §1.)

 

 

Sec. 25-129.  Accepting Plat of the Mill Addition.

 

      That the Plat of the Mill Addition to the City of St. James, Missouri be and the same is hereby accepted and approved.  (Ord. 248, §1.)


Sec. 25-130.       Accepting replat of blocks 5-8 of Bowman's Second Addition.

 

      (a)   That the replat-resubdivision and extension of blocks 5, 6, 7 and 8 of Bowman's Addition* and including parts of the NE 1/4,  NW 1/4, SE 1/4, NE 1/4 Section 20, T 38N, R6W, all in the City of St. James, Missouri.  (Ord. 278, § 1.)

 

      (b)  The mayor of the City of St. James, Missouri is hereby authorized and directed to certify the city council's acceptance and approval of said replat for and on the behalf of the City of St. James, Missouri, and the Clerk is hereby authorized and directed to affix the official Seal of the City of St. James, Missouri to such certificate.  (Ord. 278, §2.)

 

*NOTE:  This is a replat of Bowman's Second Addition, not Bowman's Addition.  See Section 25-149.

 

 

Sec. 25-131.       Accepting the plat of the Fourth Verkamp Subdivision.

 

      Whereas a plat of the Fourth Verkamp Subdivision with lots and streets properly designated, legally surveyed, and conforming to city specifications; and

 

      Whereas this subdivision is an extension of the Third Verkamp Subdivision of the city of St. James, zoned residentially; and

 

      Whereas this subdivision offers suitable residential sites in the future growth of St. James.

 

      Be it therefore ordained that the council of the city of St. James accept the subdivision as platted and presented.  (Ord. 459)

 

 

Sec. 25-132.       Changes in sizes of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 18, 19, and 20 in the Goff Addition.

 

      Whereas: Mr. Winfred Hays, proprietor of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 18, 19 and 20 in the Goff Addition has requested a change in the size of the lots; and,

 

      Whereas: the request will allow him to construct the type of houses that he has built recently on other lots of the Goff Addition; and,

 

      Whereas: Mr. Hays construction of the houses has enhanced the beauty of the area.

 

      Be it therefore resolved that the ordinance be approved and authorize the mayor of the City of St. James to sign it on this 1st day of February, 1993.  (Ord. 529)

 

Sec. 25-133.       Division of Lot 28 of the Rosemary Heights Estates into smaller lots.

 

      Whereas: American Family Financial Services, Inc., St. Louis, Mo., proprietor of lot 28 in the Rosemary Heights Estates, has requested the authorization to divide the lot into series of smaller lots; and,

 

      Whereas: The division requested conforms with the city building code in sizes of lots; and,

 

      Whereas: the division of the lot will permit the construction of additional housing.

 

      Be it therefore resolved that the ordinance be approved, authorizing the mayor of the City of St. James, Mo, to sign it on this 1st day of March, 1993.  (Ord. 531)


Sec. 25-134.       Resubdivision of the part of the Reitz Addition lying between Tammy Lane and South Louis Street on the east and west borders and between James Boulevard and Springfield Street on the north and south borders.

 

      Whereas: The owners of the lots in the Reitz Addition South of James Boulevard and lying between Tammy Lane and South Louise Street have requested permission to resubdivide that area which lies in the confines described above and which fronts on Springfield Street on the South side and James Boulevard on the North side.

 

      Whereas: The request permits the construction of structures and parking spaces conforming with zoning codes of the city; and,

 

      Whereas: the resubdivision of the area is much more favorable for present day housing.

 

      Be it therefore resolved that this ordinance be approved authorizing the mayor of the City of St. James, Missouri, to sign it on this 3rd day of May, 1993.  (Ord. 533)

 

 

Sec. 25-134.1        Adjustment in the sizes of the lots One through Eight of the southern part of Block Twelve of the Lynna Heights Subdivision.

 

      Whereas: A request has been submitted by L. W. LaBarge, owner of the afore mentioned lots in Block 12 of the Lynna Heights Subdivision; and,

 

      Whereas: The change in sizes of the lots correspond to the sizes of the houses he has planned to construct; and,

 

      Whereas: The housing project he has begun and intends to complete will be a city improvement.

 

      Be it therefore resolved that this ordinance be approved and grant mayor Nelson A. Hart the authorization to sign it on this 2nd day of August, 1993.  (Ord. 539)

 

 

Sec. 25-134.2        Approving the plat of the Industrial Development Authority Park.

 

      WHEREAS: An official plat of the Industrial Park in St. James has never been made; and

 

      WHEREAS: City officials agreed such a plat is needed and agreed to have such a plat drawn up: and

 

      WHEREAS: Anderson and Associates gave the lowest bid therefore were awarded the job to draw an official plat, to be recorded with Phelps County as a subdivision plat.

 

BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES ACCEPT THE PLAT, DATED 03-11-98, DRAWING # AA1360C, FILE # AA1360, AS PRESENTED. (Ord. 588)

 

 

Sec. 25-134.3  Approving the plat of Verkamp's 7th Addition.

 

      WHEREAS: A plat of Verkamp's Seventh has been presented by Randy Verkamp, for acceptance and approva; and

 

      WHEREAS: The Planning and Zoning board met and unanimously agreed to endorse the acceptance of this plat.

 

      BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE VERKAMP SEVENTH PLAT, DATED 02-26-99, SURVEY #R7971 BY ELGIN SURVEYING AND ENGINEERING, INC., AS PRESENTED.  (ord. 600)

 

 

Sec. 25-134.4  Resubdivision of Lot 4 in Block 63 of Pinto's Addition.

 

      WHEREAS: Mike Woessner, the owner of Lot 4 in Block 63 of Pinto's Addition has requested the resubdivision of same, and,

 

      WHEREAS: The property would be used for Habitat for Humanity houses, and,

 

      WHEREAS: Four homes would be built on four lots, and,

 

      WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

 

      WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

 

      BE IT THEREFORE ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT LOT 4 IN BLOCK 63 OF PINTO'S ADDITION MAY BE RESUBDIVIDED AS REQUESTED.  (Ord. 637)

 

Sec. 25-134.5   Subdivision of a 1 1/2 acre tract of land.

 

      WHEREAS: John R. and Sharon Wilson have requested permission to subdivide a 1 1/2 acre tract of land described as follows:

 

A fractional part of the NW 1/4 of the NW 1/4 of Sec. 29, Twp. 38 N., Rng. 6 W. of the 5th P.M. located in Phelps County, State of Missouri, more particularly described as follows: Beginning at an iron pin at the Northeast Corner of the NW 1/4 of the NW 1/4; thence South 0°11' West, 220.0 feet to an iron pin; thence North 89°22' West, 195.0 feet to an existing iron pin; thence North 0°11' East, 220.0 feet to an iron pin; thence South 89°22' East, 195.0 feet to the point of beginning.

 

ALSO: A fractional part of the SW 1/4 of the SW 1/4 of Sec. 20, Twp. 38 N., Rng. 6 W. of the 5th P.M. located in Phelps County, State of Missouri, more particularly described as follows: Beginning at the southeast Corner of the SW 1/4 of the SW 1/4; thence North 89°22' West, 195.0 feet along the section line to an iron pin; thence North 0°11' East, 78.3 feet to an iron pin; thence North 58°12' East, 148.1 feet to an iron pin on the West right-of-way of Meramec Street; thence South 31°21' East, 132.3 feet along the West right-of-way line of Meramec Street to an iron pin at the intersection of the right-of-way line of Meramec Street and Missouri Highway # 68; thence South 0°11' West along the right-of-way line of said Highway # 68 to the point of beginning.

 

Except all legally established roads, highways and easements existing or of record.

      WHEREAS: The property would be used for residential dwellings, and,

 

      WHEREAS: A Public Hearing was held prior to the consideration of this ordinance, and

 

      WHEREAS: The Planning and Zoning Commission met and recommended to the council the acceptance of the plat as presented (survey # R945IP)

 

      BE IT THEREFORE ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE ABOVE DESCRIBED PROPERTY MAY BE SUBDIVIDED AS REQUESTED. (Ord. 655)

 

Sec. 25-134.6  Approving the final palt of Hancock Addition.

 

A fractional part of the Northwest Quarter of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17; Thence South 89°’22’20” East, 738.23 feet along the North line of said Northwest Quarter of the Southeast Quarter; Thence South 00°’03’40” East, 309.97 feet to the Northwest corner of a parcel described in Phelps County Deed Records at Document No. 9600043, the TRUE POINT OF BEGINNING of the hereinafter described tract; Thence continuing South 00°’03’40” East, 398.92 feet along the West line of said Document No. 9600043 parcel; Thence South 86’12’00” East, 329.29 feet to the easterly line of said Document No. 9600043 parcel; Thence North 05°’50’10” East, 171.23 feet; Thence South 84°’22’20” West, 19.91 feet; Thence North 4° 27’20” West, 51.83 feet; Thence North 00°’03’40” West, 197.15 feet, all along said easterly line to the Northeast corner of the aforesaid Document No. 9600043 parcel; Thence North 89°’22’20” West, 322.37 feet along the North line of said Document No. 9600043 Parcel to the TRUE POINT OF BEGINNING, Above described tract contains 3.08 acres, more or less, per plot of survey R—8826, dated June 2. 1999, by Elgin Surveying & Engineering, Inc.

.

      WHEREAS:  A plat of Hancock Addition  has been presented, by Velmer and Barbara Hancock for acceptance and approval; and

 

      WHEREAS:  The planning and zoning board met and unanimously agreed to endorse the acceptance of this plat.

 

BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE HANCOCK ADDITION FINAL PLAT, DATED 06-02-99, SURVEY # R8826 BY ELGIN SURVEYING AND ENGINEERING,INC., AS PRESENTED.  (Ord. 664)

 

 

Sec. 25-134.7  Accepting the dedication of a fifty foot wide tract of land as a city street.

 

A fractional part of the Northwest Quarter of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17; Thence South 89°22’20” East, 738.23 feet along the North line of said Northwest Quarter of the Southeast Quarter; Thence South 0O°03’40” East, 708.89 feet Thence South 86°12’OO” East, 297.26 feet to the TRUE POINT OF BEGINNING of the hereinafter described tract; Thence South 86°12’OO” East, 50.03 feet; Thence South 05°50’lO” West, 353.75 feet along the East boundary line of said tract to a point on the North right—of—way of Sidney Street; Thence Westerly along the North right—of—way of Sidney Street to a point on the line parallel to and 50.00 feet West of the East boundary line of said tract; Thence North 05°’5O’OO” East to the TRUE POINT OF BEGINNING.

 

      WHEREAS:  The Church of Christ desires to dedicate to the City of St. James for the purpose of a public street R.O.W. the above described tract of land;

 

      WHEREAS:  The Planning and Zoning Commission unanimously agreed to recommend the acceptance of the dedication to the City Council.

 

BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE DEDICATION OF THE TRACT OF LAND DESCRIBED ABOVE AS A PUBLIC STREET R.O.W.  (Ord. 665


Sec. 25-134.8  Approving the final plat of Vineyards Subdivision #1, #2 and #3.

 

All that part of the West Half of the Northeast Quarter of Section 29, Township 38 North, Range 6 West of the 5th P.M. described as follows: Beginning at the Northwest Corner of Lot 13, Valley View Subdivision NO. 2; Thence South 15° 47' West, 164.20 feet; Thence South 49° 55' West, 229.24 feet; Thence South 43° 28" West, 253.00 feet; Thence North 27° 00' West, 106.00 feet; Thence North 19° 02' East, 289.10 feet; Thence North 36° 00' West, 160.35 feet; Thence South 88° 40' East, 353.00 feet to the TRUE POINT OF BEGINNING. Said tract containing 2.41 acres, more or less. As per survey by R. L. Elgin, recorded in Phelps County Surveyor's Records, Book "H", Page S—4638.

 

Except that part conveyed to the City of St. James, Missouri, via Quit-Claim Deed dated May 15, 1986, filed May 15, 1986 of record in Book 352 at Page 214.

 

WHEREAS:  A plat of Vineyards Subdivision has been submitted, by Kevin Conway, Teresa Conway, Gary Shockley and Kimberly Shockley for acceptance and approval;

 

WHEREAS:  The planning and zoning board met and unanimously agreed to endorse the acceptance of this plat.

 

BE IT THEREFORE ORDAINED THAT BEFORE ANY BUILDING PERMIT BE ISSUED ON LOTS 2 AND 3 THAT:

 

1.     The building sewer for the home at 2 Valley Road shall be given a 20 feet easement or relocated to the 20 foot easement on the east side of the Subdivision;

 

2.     The building sewer for the home at 3 Valley Road shall be given a 20 foot easement or relocated to the 20 foot easement on the east side of the Subdivision;

 

3.     Relocated building sewers shall have individual connections to the public sewer system; shall be constructed of 4 inch schedule 35 SDR pipe installed in accordance with manufacturer's directions; bedded with a minimum of 4 inch select material above and below the pipe; with clean-outs every 150 feet; street cuts in accordance with the city ordinance.

 

BE 1T FURTHER ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE VINEYARDS SUBDIVISION PLAT, DATED FEB, 2001, STACK-JOB NUMBER 0628.010 RECORDED IN PHELPS COUNTY SURVEYOR'S RECORDS, BOOK "H", PAGE S-4638. AS PRESENTED. (Ord. 704)

 

Sec. 25-134.9     Approving the final plat of Barr Heights Subdivision.

 

A fractional part of the NE1/4 of Sec. 2S, Twp. 38 N., Rng. 7 W. of the 5th P.M. described as follows: Commencing at the Northeast Corner of said Sec. 25; thence South 0° 03' 30" West, 716.97 feet along the Range Line; thence North 88° 46' West, 410.70 feet to the Northwest Corner of a parcel described in Phelps County Deed Records at Book 306, Page 73, the true point of beginning of the hereinafter described tract: Thence South 0°55'10" West, 273.79 feet; thence North 89°04'50" West, 283.40 feet to the most Easterly Corner of a parcel described in Phelps County Deed Records at Book 338, Page 104; thence North 54°00" West, 97.72 feet, and, North 70°41'30" West, 169.29 feet, all along the Northeasterly line of said Book 338, Page 104 parcel to the Northeast Corner of a parcel described in Phelps County Deed Records at Book 326, Page 152; thence Westerly along the arc of a curve concave Southerly with a radius of 40.00 feet, the chord of which is South 77°58' West, 41.51 feet, and, South 46°47'30" West, 18.65 feet, all along the Northerly line of said Book 326, Page 152 parcel to the Northeasterly right of way of Jana Lane; thence North 43° 17'20" West, 49.97 feet along said Northeasterly right of way to the most Southerly Corner of a parcel described in Phelps County Deed Records at Book 323, Page 168; thence North 46°42'40" East, 18.65 feet, and, Northeasterly, 55 61 feet along the arc of a curve, concave Southeasterly with a Radius of 90.00 feet, all along the Southeasterly line of said Book 323, Page 168 parcel to its most Easterly Corner; thence North 35°07' West, 131.72 feet along the Northeasterly line of said Book 323, Page 168 parcel to the Southeasterly line of Lot 21 of Bella Vista Heights Subdivision Number One; thence Northeasterly along the arc of a curve, concave Southeasterly with a radius of 296.11 feet, the chord of which is North 66°46'20" East, 86.06 feet along said Southeasterly line to the North line of a parcel described in Phelps County Deed Records at Book 227, Page 111; thence South 0°00'30" West, 25.75 feet, and, South 88°48'10" East, 548.90 feet, all along said North line to the true point of beginning. Above described tract contains 3.25 acres, more or less, description derived from survey R-7177, dated June 15, 1996, by Elgin Surveying & Engineering, Inc.

 

      WHEREAS:  The Planning and Zoning Commission, at its April 26, 2001 meeting, approved the final plat of Barr Heights Subdivision contingent on Jay Barr providing a $47,500 performance bond and the Board of Adjustment approving a variance from the city code requirements to construct a sidewalk and pave, curb and gutter Jana Lane within the Barr Heights Subdivision.

 

      WHEREAS:  The Board of Adjustment, at its May 21, 2001 meeting, granted a variance from sections 25-76, 25-77, 25-80 of the Planning and Zoning Chapter of the St. James Code of Ordinances which require new subdivisions to have sidewalks and public streets are to be paved, curbed and "uttered. Thus, allowing Barr to construct Jana Lane as a gravel street and that he not be required to construct sidewalks or pave, curb and gutter that portion of Jana Lane that would extend through Barr Heights Subdivision.

 

      WHEREAS:  A public hearing was held at 6:45 p.m. prior to the May 7, 2001 council meeting to receive public input on the final plat of Barr Heights Subdivision.

 

      WHEREAS:  The final plat meets all other requirements in Article II of Chapter 25 of the subdivision ordinance.

 

BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE BARR HEIGHTS SUBDIVISION FINAL PLAT, DATED 03-29-01, SURVEY # R9556F BY ELGIN SURVEYING AND ENGINEERING, INC., AS PRESENTED.  (Ord. 709)

 

Sec. 25-134.10    Approving the final plat of the Rhea Subdivision.

 

DESCRIPTION

 

A fractional part of the Southeast Quarter of the Southwest Quarter of Section 20, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Southeast Comer of the Southeast Quarter of the Southwest Quarter of said Section 20; thence North 0°40' East, 25.70 feet along the East line of said Southeast Quarter of the Southwest Quarter to the southwest corner of a parcel described in Phelps County Deed Records at Document No. 1999-4172, also being a point on the North right of way of State Route DD, the true point of beginning of the hereinafter described tract: Thence westerly, 54.31 feet along the arc of a curve, concave northerly with a radius of 1880.08 feet, the chord of which is North 83°04'20" West, 54.31 feet, and, North 81°58'40" West, 139.60 feet, and, westerly, 193.30 feet along the are of a curve, concave southerly with a radius of 1940.08 feet, the chords of which are: North 82°55'20" West, 63.84 feet, and, North 85°46'30" West, 129.44 feet, all along said North right of way to the southwest corner of a parcel described in Phelps County Deed Records at Book 344, Page 84; thence North 23°52'50" West, 497.83 feet along the westerly line of said Book 344, Page 84 parcel to the South line of the Grade School property; thence South 89°19'50" East, 194.96 feet along said South line to the southeast comer of said Grade School property; thence North 4°46'10" East, 187.10 feet along the East line of said Grade School property to the southwest comer of the St. James City Cemetery; thence North 77°24'10" East, 394.06 feet along the southerly line of said St. James City Cemetery to the aforesaid East line of the Southeast Quarter of the Southwest Quarter; thence South 0°40'West, 768.82 feet along said East line to the true point of beginning. Above described tract contains 7.30 acres, more or less, per plat of survey R-10176, dated November 28, 2001, by Elgin Surveying & Engineering, Inc.

      WHEREAS: A plat of Rhea Subdivision has been submitted, by Hal and Connie Rhea for acceptance and approval;

 

      WHEREAS: The planning andzoning board met and agreed toendorse the acceptance of this plat.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE RHEA SUBDIVISON PLAT, DATED NOVEMBER 28, 2001, BY ELGIN SURVEYING & ENGINEERING, INC. NUMBER R-10176 RECORDED IN PHELPS COUNTY SURVEYOR'S RECORDS, BOOK 344, PAGE 84 AS PRESENTED.  (Ord. 742)

 

Sec. 25-134.11    Accepting the preliminary plat of the 2.31 acres subdivision owned by Ira and Margaret Wilson to be named Wilson Woods Phase 1.

 

      WHEREAS: A preliminary Plat of Wilson's Woods Phase 1, as described below, has been submitted by Ira and Margaret Wilson for acceptance and approval.

 

      WHEREAS: Ira and Margaret Wilson have requested the rezoning of their property described as follows from I-1 to R-1S.

 

A fractional part of the West Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17; thence South 0° 06' West, 330.01 feet, and, South 0°07'30" West, 962.85 feet, all along the West line of the aforesaid West Half of the Southeast Quarter to the true point of beginning of the hereinafter described tract: Thence continuing South 0° 07' 30" West, 149.47 feet along said West line to the North right of way of Sidney Street; thence North 71° 17' 10" East, 783.83 feet along said North right of way to the southwest corner of a parcel described in Phelps County Deed Records at Document No. 9600043; thence North 0° 03' 40" West, 137.21 feet along the West line of said Document No. 9600043 parcel; thence South 71° 17' 10" West, 577.33 feet; thence North 89° 52' 30" West, 50.00 feet; thence South 0° 07' 30" West, 54.42 feet; thence North 89° 52' 30" West, 145.00 feet to the true point of beginning. Above described tract contains 2.31 acres, more or less.

 

      WHEREAS: The Planning and Zoning Board met on August 1, 2002 at the City Hall and agreed to endorse the acceptance of this Preliminary Plat.

 

      WHEREAS: A Public Hearing was held on August 5, 2002, prior to the passage of this ordinance.

 

      BE IT ORDAINED THAT THE COUNTIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE WILSON'S WOODS PHASE 1 PRELIMINARY PLAT, ZONED R-1S, DATED JULY 4, 2002, BY ELGIN SURVEYING & ENGINEERINGS, INC. NUMBER R10464.  (Ord. 750)

 

Sec. 25-134.12    Accepting the final plat number 1 of Wilson's Woods, a 2.31 acres subdivision owned by Ira and Margaret Wilson.

 

WHEREAS:    A final Plat of Wilson’s Woods Plat number one, as described below, has been submitted by Ira and Margaret Wilson for acceptance and approval.

 

A fractional part of the West Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17: thence South 0º06' West, 330.01 feet, and, South 0º07'30" West, 962.85 feet, all along the West line of the aforesaid West Half of the Southeast Quarter to the true point of beginning of the hereinafter described tract: Thence continuing South 0º07'30" West, 149.47 feet along said West line to the North right of way of Sidney Street thence North 71º17'10" East, 783.83 feet along said North right of way to the southwest corner of a parcel described in PhelpsCounty Deed Records at Document No. 9600043; thence North 0º03'40" West, 137.21 feet along the West line of said Document No. 9600043 parcel; thence South 71º17'10" West, 577.33 feet; thence North 89º52'30" West, 50.00 feet; thence South 0º07'30" West, 54.42 feet; thence North 89º52'30" West, 145.00 feet to the true point of beginning. Above described tract contains 2.31 acres, more or less.

 

WHEREAS:   The planning and zoning board met on October 3, 2002 at the City Hall and agreed to endorse the acceptance of this final Plat.

 

WHEREAS:  A Public Hearing was held on August 5, 2002.

 

BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE WILSON’S WOODS FINAL PLAT NUMBER 1, ZONED R-1S, DATED SEPTEMBER 10, 2002, BY ELGIN SURVEYING & ENGINEERING, INC. NUMBER R10402. (Ord. 759)

 

Sec. 25-134.13    Approving the replat of Lots 5, 6, 7, 8, 9, and part of Lot 10, Emory's Addition to be renamed Trinity Addition Lots 1 and 2.

 

DESCRIPTION

All of Lots 5 through 9, and, a fractional part of Lot 10 of Emory's Addition, St. James, Missouri more particularly described as follows: Beginning at the Northernmost Corner of Lot 4 of said Emory's Addition; thence North 58°52'50" East, 259.50 feet along the southeasterly right of way of Scioto Street to the westernmost corner of a parcel described in Phelps County Deed Records at Book 172, Page 98; thence South 31°10'40" East, 150.08 feet along the southwesterly line of said Book 172, Page 98 parcel to the southeasterly line of the aforesaid Emory's Addition; thence South 58°52'50" West, 259.50 feet along said southeasterly line to the easternmost corner of the aforesaid Lot 4 of Emory's Addition; thence North 31°10'40" West, 150.08 feet along the northeasterly line of said Lot 4 to the point of beginning. Above described tract contains 0.90 acre, more or less, per plat of survey R-9973, dated September 19, 2001, by Elgin Surveying & Engineering, Inc.

 

      WHEREAS: A plat of Trinity Addition has been submitted for acceptance and approval;

 

      WHEREAS: The planning and zoning board met on January 30, 2003 and agreed to endorse the acceptance of this plat

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE TRINITY ADDITION PLAT, DATED SEPTEMBER 19, 2001, BY ELGIN SURVEYING & ENGINEERING, INC. NUMBER R-9973.  (Ord. 769)

 

Sec. 25-134.14    Accepting the final plat of Schuepfer Addition authorizing the replating of a fractional part of the east half of Block 32.

 

A fractional part of East Half of Block 32 of Original Town of St. James, Missouri, and, a fractional part of Lot 1 of a resubdivision of Block 32 of Original Town of St. James, Missouri more particularly described as follows: Beginning at the Southeast Corner of Block 32 of said Original Town of St. James; thence South 75°50'50" West, 202.10 feet along the northerly right of way of Springfield Road to the Half Block Line of said Block 32; thence North 14° 29' West, 204.73, feet to the northeast corner of a parcel described in Phelps County Deed Records at Document No. 2001-6638; thence South 74°31'50" West, 111.60 feet along the northerly line of said Document No. 2001-6638 parcel to the southeast corner of a parcel described in Phelps County Deed Records at Book 382, Page 125; thence North 13°35'40" West, 148.19 feet along the easterly line of said Book 382, Page 125 parcel to the southerly right of way of James Boulevard (aka Historic Route 66); thence North 77°41'50" East, 314.93 feet along said southerly right of way to its intersection with the westerly right of way of Walnut Street; thence South 13°55'30'' East, 340.18 feet along said westerly right of way to the point of beginning.  Above described tract contains 1.97 acres, more or less, per plat of survey R-10852, dated June 5, 2003, by Elgin Surveying & Engineering, Inc.

WHEREAS:       John Schuepfer, the owner of the east half of Block 32 of Original Town St. James has made a request to replat the above described property, and,

 

WHEREAS:       The Planning and Zoning Commission met on July 02, 2003 and recommended in favor of the request,

 

WHEREAS:       A Public Hearing was held July 7, 2003 prior to the passage of this ordinance.

 

BE IT THEREFORE ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE ABOVE REQUEST BE GRANTED.  (Ord. 779)

 

Sec. 25-134.15    Approving the re-plat of Lot 4 of St. James Industrial Park, St. James Missouri w Creek Subdivision Final Plat.

 

DESCRIPTION

 

BOUNDARY DESCRIPTION:

      A part of the SE ¼ of the NE ¼ of Sec. 17, T38N, R6W of the 5th P.M., described as follows: Commencing at the SE corner of said SE ¼ of the NE ¼, thence N 0°43’35” E 30.15 feet to the north right-of-way line of County Road 1000 (a.k.a. Old Springfield Road) and the point of beginning, thence with said North right-of-way line S 86°11’33” W 99.32 feet, thence with same N 88°11’11” W 845.25 feet, thence with same N 89°20’11” W 349.29 feet to the east right-of-way line of State Highway B, thence along said east right-of-way line N 1°50’33” E 1295.97 feet to the north line of said SE ¼ of the NE ¼, thence along said north line S 88°38’01” E 1268.23 feet to the east line of said SE ¼ of the NE 1/4 , thence along said east line S 0°43’35” W 1289.37 feet to the point of beginning. Containing 38.06 acres. Subject to easements and restrictions existing or of record.

 

      WHEREAS: Amended Willow Creek Subdivision Final Plat has been submitted for acceptance and approval;

 

      WHEREAS: The Planning and Zoning Commission met on February 23, 2005 and recommended the City Council accept survey # A-0205;

 

      WHEREAS: A Public Hearing was held on March 07, 2005.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE AMENDED WILLOW CREEK SUBDIVISION FINAL PLAT DATED NOVEMBER 09, 2005, BY C.M. ARCHER GROUP P.C. – PROJECT NUMBER 24130903 – SURVEY # A-2205.  (Ord. 839; Ord. 863)

 

Sec. 25-134.18    Approving the even division of Lots 24, 25 and 26, in Block 2, Cartall’s Subdivision, east to west, resulting in two lots.

 

      The resulting south lot that has an existing house would be referenced as:

      “The south half of lots 24, 25, and 26 in Block 2, Cartall’s Subdivision in the City of St. James, Missouri, as per plat of record in Plat Cabinet B, Slides 109 and 274, Phelps County records. Including all appurtenant inuring to the benefit of the above land as the dominant tenement and subject to all easements to which the above land is the servient tenement. Subject to all dedications, covenants, reservations and restrictions on use of record.”

      The resulting north lot would be referenced as  “The north half of lots 24, 25 and 26 in Block 2, Cartall’s Subdivision in the City of St. James, Missouri, as per plat of record in Plat Cabinet B, Slides 109 and 274, Phelps County records. Including all appurtenant inuring to the benefit of the above land as the dominant tenement and subject to all easements to which the above land is the servient tenement. Subject to all dedications, covenants, reservations and restrictions on use of record.”

 

      WHEREAS: A request for division of residential lots 24, 25 and 26 in Block 2 of Cartall’s Subdivision has been submitted by owners Robert R and Mary J. Tessaro, and

      WHEREAS: Their objective is to remodel the existing house located at 121 Anna Street that would be on the resulting south lot and to build a new house on the resulting north lot, and

      WHEREAS: Public notice in the St. James Leader Journal appeared on February 15th, 2006, and

      WHEREAS: The planning and zoning board met on March 02, 2006 and agreed to endorse the acceptance of this request.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE REQUEST TO EVENLY DIVIDE LOTS 24, 25 AND 26 IN BLOCK 2, CARTALL’S SUBDIVISION RESULTING IN TWO LOTS TO BE KNOWN AS SOUTH AND/OR NORTH HALF OF LOTS 24, 25 AND 26 BLOCK 2, CARTALL’S SUBDIVISION. (Ord. 872)

 

Sec. 25-134.19    Accepting Garner Subdivision Plat, a Resubdivision of Part of Block 1,

                        Union Heights, with Lot 1, 2 and 6 zoned as B-1 Neighborhood Business

                        and Lots 3, 4, 5, 7 remaining R-1 Residential.

 

      WHEREAS: A Plat of Garner Subdivision as described below, has been submitted by Alan & Susan Garner for acceptance and approval, and

      WHEREAS: A request from owners Alan & Susan Garner to have lots 1, 2 and 6 zoned as B-1 with lots 3, 4, 5 and 7 remaining R-1, and

      WHEREAS: The planning and zoning board met on February 01, 2007 at the City Hall and agreed to endorse the acceptance of this Plat and rezoning.

      WHEREAS: A Public Hearing as held on February 5, 2007.

DESCRIPTION

A fractional part of Block 1 of Union Heights, St. James, Phelps County, Missouri more particularly described as follows: Beginning at the Southwest Corner of Block 1 of said Union Heights; thence North 0°39’ West, 594.07 feet along the East right of way of Lyon Avenue to its intersection with the South right of way of Home Avenue; thence North 89°58’30” East, 302.98 feet along said South right of way to its intersection with the West right of way U.S. Highway 68 (aka Jefferson Street); thence South 23°09’50” East, 453.35 feet along said West right of way to the northeast corner of a parcel described in Phelps County Deed Records at Document No. 2004-6973; thence South 80°08’ West, 218.20 feet along the North line of said Document No. 2004-6973 parcel to its northwest corner; thence South 3°08’30” East, 139.96 feet along the West line of said Document No. 2004-6973 parcel to the North right of way of Parker Lane; thence South 89°57’10” West 267.28 feet along said North right of way to the point of beginning. Above described tract contains 4.89 acres, more or less, per plat of survey R-12523, revised January 12, 2007, by Elgin Surveying & Engineering, Inc.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE GARNER SUBDIVSIION PLAT DATED DECEMBER 29, 2006 SURVEY #R12523 – ELGIN SURVEYING & ENGINEERING, INC. WITH LOTS 1, 2 AND 6 ZONED AS B-1 AND LOTS 3, 4, 5 7 ZONED AS R-1.  (Ord. 885)

 

Sec. 25-134.20    Accepting Stanton Heights Replat of part of Block 10, vacated Front Street and vacated “A” Street all in Lynna Heights Subdivision.

 

      WHEREAS: A Replat of Part of Block 10, Lynna Heights Subdivision, as descry bed below, has been submitted by Samuel S. and Michelle L. Auxier for acceptance and approval, and

      WHEREAS: On January 17, 2007 a public hearing was held for the St. James Board of Adjustment to meet regarding the request for variance, and

      WHEREAS: The Board of Adjustment met on February 01, 2007 and unanimously approved the request.

 

DESCRIPTION

(From 2005-8069)

 

      A fractional part of Lots 1, 2, 3, 4 and 5 of Block 10 of Lynna Heights Subdivision, and, a fractional part of vacated “A” Street, and, a fractional part of vacated Front Street, all in St. James, Missouri more particularly described as follows: Beginning at the intersection of the East line of the aforesaid Lot 5, Block 10 of Lynna Heights Subdivision and the South right of way of James Boulevard (a.k.a. Historic Route 66); thence South 31°49’10” East, 66.09 feet along said East line of Lot 5, Block 10 of Lynna Heights Subdivision and its extension to the northwesterly right of way of the Burlington Northern/Santa Fe Railway; thence South 58°32’ West, 270.10 feet along said northwesterly right of way to the centerline of the aforesaid vacated “A” Street; thence North 31°29’10” West, 153.97 feet along said centerline to the aforesaid South right of way of James Boulevard (a.k.a. Historic Route 66); thence North 76°34’40” East, 283.70 feet along said South right of way to the point of beginning. Above described tract contains 0.68, acre more or less, per plat of survey R-11913, dated August 23, 2005, by Elgin Surveying & Engineering, Inc. 

 

      BE IT ORDIANED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE STANTON HEIGHTS FINAL PLAT DATED 5-01-2007 SURVEY #R12616 – ELGIN SURVEYING & ENGINEERING, INC. (Ord. 890)

 

Sec. 25-134.21    Accepting Caraco Subdivision, a Resubdivision of Lot 15A of Rosemary Heights Estates.

 

      WHEREAS: A resubdivision plat of Lot 15A of Rosemary Heights Estates, as described below, has been submitted by Kyle & Cara Ridenhour, for acceptance and approval; and

 

      WHEREAS: On November 28, 2007 the Planning and Zoning Board met at 9:00 A.M. and unanimously approved the resubdivision pending clarification of the easement use for Lot 15A.

 

      WHEREAS: A Public Hearing was held on December 03, 2007 at 6:55 regarding this request.

 

PROPERTY DESCRIPTION

 

      All of Lot 15A, of Resubdivision of Lots 15, 16 and 17 of Rosemary Heights Estates, a subdivision in the S ½ SE ¼ of Section 24 and the N ½ NE ¼ of Section 25, Township 38 North, Range 7 West of the 5th P.M. in St. James, Missouri, Reserving a 45 foot right-of-way easement along the East side of the above described tract for the benefit of Lots 8, 9, 10, 11, 12, 13 and 14 of Rosemary Heights Estates, a subdivision in the S ½ SE ¼ of Section 24 and N ½ NE ¼ of Section 25, Township 38 North, Range 7 West of the 5th P.M. in St. James, Missouri. Subject to easements and restrictions existing or of record.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE CARACO SUBDIVISION RESUBDIVISION OF LOT 15A RECORDED AS DOCUMENT #2007-6588 IN THE PHELPS COUNTY RECORDERS OFFICE.  (Ord. 902)

 

Sec. 25-134.22    Accepting Obabs Subdivision, a Resubdivision of a fractional part of Block 10 in Lynna Heights Subdivision to be Lots 1 and 2.

 

      WHEREAS: A resubdivision plat of a fractional part of Block 10, lots 1 and 2 in Lynna Heights Subdivision, as described below, has been submitted by Jake Sbabo, for acceptance and approval; and

      WHEREAS: On January 30, 2008 the Planning and Zoning Board met and approved the resubdivision request.

      WHEREAS: A Public Hearing was held on February 04, 2008 at 6:55 regarding this request.

 

PROPERTY DESCRIPTION

 

A fractional part of Block 10, and, a fractional part of a vacated alley in Lynna Heights Subdivision, St. James, Missouri more particularly described as follows: Beginning at the intersection of the North right of way of State Route KK (James Boulevard) and the West right of way of “B” Street; thence North 31°18’10” West, 142.70 feet along said West right of way of “B” Street to the easternmost corner of a parcel described in Phelps County Deed Records at Book 263, Page 176; thence South 58°32’50” West, 159.79 feet along the southeasterly line of said Book 263, Page 176 parcel and along the southeasterly line of a parcel described in Phelps County Deed Records at Document No. 2002-634 to the easternmost corner of a parcel described in Phelps County Deed Records at Book 382, Page 287; thence South 58°24’ West, 159.10 feet along the southeasterly line of said Book 382, Page 287 parcel and along the southeasterly line of a parcel described in Phelps County Deed Records at Document No. 1999-6630 to the northeasterly line of a parcel described in Phelps County Deed Records at Document No. 2002-4276; thence South 31°46’10” East, 44.24 feet along said northeasterly line to the aforesaid North right of way of State Route KK (James Boulevard); thence North 76°26’40” East, 231.30 feet, and, easterly, 101.83 feet along the arc of a curve, concave northerly with a radius of 1106.30 feet, the chord of which is North 73°54’40” East, 101.79 feet, all along said North right of way to the point of beginning. Above described tract contains 0.70 acres, more or less, per plat of survey R-12956F, dated January 7, 2008 by Elgin Surveying & Engineering, Inc.

 

      BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE OBABS SUBDIVISION RECORDED AS DOCUMENT #2005-229 IN THE PHELPS COUNTY RECORDERS OFFICE.RECORD BOOK E, PAGE S-1081 AND ELGIN SURVEYING & ENGINEERING, INC PLAT SURVEY R-12956F DATED JANUARY 07, 2008  (Ord. 907)

 

Sec. 25-134.23 Accepting the final plat of Rosemary Heights Estates No. 2 creating new lots 28E and 28F.

 

      WHEREAS: A final plat of Rosemary Heights Estates No. 2, a re-subdivision of lots 28C and 28D, creating new lots 28E and 28F has been submitted by Rick & Anne Brittain for acceptance and approval; and

 

      WHEREAS: On Wednesday April 29, 2009 the Planning and Zoning Board met and recommended the acceptance of the request.

 

      WHEREAS: A Public Hearing was held on May 04, 2009 at 6:55 regarding this request.

 

      THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES MO. THAT THE FINAL PLAT OF ROSEMARY HEIGHTS ESTATES NO 2, RESUBDIVISION OF LOTS 28C AND 28D, CREATING NEW LOTS 28E AND 28F, RECORDED AS DOCUMENT #2006-7954 IN THE PHELPS COUNTY RECORDERS OFFICE RECORD BOOK AND ELGIN SURVEYING & ENGINEERING, INC. PLAT SURVEY NO K355 DATED 02-24-09, BE ACCEPTED AS RPESENTED. (Ord. 948)

 

Sec. 25-134.24 Approving the replat of Tract A of the St. James Industrial Development Park of the City of St. James so that all of said premises will be known as “St. James Industrial Park Plat No. 5”.

 

WHEREAS: The original plat of the Industrial Park in St. James was approved by the St. James City Council on April 06, 1998; and

 

      WHEREAS: The Industrial Development Authority (IDA) of the City of St. James, Phelps County, Missouri, a not-for-profit corporation organized and exisiting under the laws of the State of Missouri, is the owner of the premises described on this plat; and.

 

      WHEREAS:  The IDA requested the re-plat of Tract A of St. James Industrial Park; and

 

      WHEREAS:  A Public Hearing was held prior to the March 22, 2011 Planning and Zoning meeting of which there was no public input; and

 

      WHEREAS:  The Planning and Zoning Commission unanimously approved, at their March 22, 2011 meeting, to recommend the St. James City Council approve the St. James Industrial Park Plat No. 5, so that all of said premises will now be known as “St. James Industrial Park Plat No. 5”.

 

BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES ACCEPTS ST. JAMES INDUSTRIAL PARK PLAT NO. 5, PREPARED BY CM ARCHER GROUP PC ENGINEERING – SURVEY DATE 03-21-2011, PROJECT NO. 11140901, AS PRESENTED SO THAT ALL OF SAID PREMISES WILL BE KNOWN AS “ST. JAMES INDUSTRIAL PARK PLAT NO. 5”. (Ord. 1006)

 

 

 

ARTICLE II

SUBDIVISIONS

 

 

DIVISION 10.  STREET EXTENSIONS

 

 

Sec. 25-135.  Extending Opal Street westwardly.

 

      A request has been presented by Rosemary Dillon to extend Opal Street the distance of 204 feet bordering her property, lot 16, of the Big Prairie Addition.

 

      Since that portion of the now existing driveway meets the specifications of a dedicated extension and the acceptance has been approved by the superintendent of the street department. 

 

      Therefore, be it resolved, that this proposal be submitted to the city council for consideration.

 

      Passed by the St. James City Council this 6th day of September, 1988.  (Ord. 484, §§1-2.)

 

 

ARTICLE II

SUBDIVISIONS

 

DIVISION 11.  CLOSED STREETS

 

Sec. 25-136.       Wishon Street between Hardy Street and Alley North of Wishon Street.

 

      (a)   Whereas Page Sportswear occupies the former International Shoe Building across said Wishon Street from their warehouse and need access to said warehouse by means of a weatherproof shelter and whereas no other interest in and to said street will sustain any damage whatsoever by reason of said portion of Wishon Street being closed.  (Ord. 354, §1.)

 

      (b)  Therefore the south half of said Wishon Street between the alley and East Hardy Street shall be closed.  (Ord. 354, §2.)

 

 

Sec. 25-137.  Closing of Bourbeuse Street at railway crossing.

 

      As soon as the Burlington Northern Railway Company installs flashing light signals and gates at the Seymour and Oak grade crossings in the City of St. James, Phelps County, Missouri, and those signals and gates are operational, then Bourbeuse Street in the City of St. James, Phelps County, Missouri, is closed at the point where the street crosses the track of the Burlington Northern Railway Company.  (Ord. 439)

 

 

Sec. 25-138.       Closing of the alley, except the first 150 feet beginning at G Street, in

                        Block 14 of Lynna Heights.

 

      Whereas: A petition by the owners of the property joining the alley in block 14 of Lynna Heights had been presented requesting the closing of the alley with the exception of 150 feet beginning at G Street, and;

      Whereas: The petition is the unanimous choice of these proprietors, and;

      Whereas: There are no easements in the area of the alley, and;

      Whereas: The elimination of the alley presents no disadvantage to the property owners.

 

      THEREFORE BE IT RESOLVED THAT THE ORDINANCE BE APPROVED, AUTHORIZING THE MAYOR TO SIGN IT AND FOR IT TO BECOME IMMEDIATELY EFFECTIVE ON THIS DATE JUNE 03, 1991.  (Ord. 511)

 

Sec. 25-139.       Closing Parker Lane between Louise Ave. and Matlock Drive by an operable gate.

 

      Whereas: Matlock Drive when completed will be safer and have much better access to Highway 68 than Parker Lane;

      Whereas: Parker Lane traffic west of Matlock Drive should traverse Matlock Drive because of the improved safety and access;

      Whereas: Opportunity for traffic associated with the Wal-Mart Distribution Center to approach the entrance from the east should be eliminated to protect the residents along Lyon Street, Parker Lane, Louise Ave. and Charles Ave. from increased traffic;

      Whereas: Access for emergency situations should be maintained on Parker Lane between Louise Ave. and Matlock Drive;

      Whereas: Closing Parker Lane after completion of Matlock Drive by means of a lockable gate would accomplish above listed traffic safety objectives while permitting access for emergencies;

      Whereas: Parking, stopping or standing on Parker Lane between Louise Ave. and Matlock Drive would defeat the purpose of emergency access;

      Whereas: Residents of Louise Ave. and Charles Ave. and the operators of the Wal-Mart Distribution Facility have stated that Parker Lane should be closed between Louise Ave. and Matlock Drive;

 

      Therefore be it ordained by the City Council of the City of St. James, Missouri, that upon completion of Matlock Drive, Parker Lane shall be closed by operable gate and posted for no parking, stopping or standing between Louise Ave. and Matlock Drive and auhtorize the Mayor to sign its passage this 6th day of nov, 2000.  (Ord. 691)

 

Sec. 25-140.       Closing 150 feet of S. Wishon Street from Hardy Street to the adjacent alley on the north side of the premises, the city retaining the street..

 

      WHEREAS: Prock Real Estate Inc. has requested the city allow S. Wishon Street to be closed from Hardy Street to the adjacent alley on the north side of the premises, and

 

      WHEREAS: The closure of this street will allow for the transportation of materials and products from building to building insuring the safety of St. James residents and their employees, and

 

      WHEREAS: The closure is a necessary step in the operation of their company, and

 

      WHEREAS: The street will be retained by the city, and

 

      WHEREAS: Public notice in the St. James Leader Journal appeared on February 15th and 22nd, 2006, and

 

      WHEREAS: A Public Hearing was held on March 06, 2006 prior to the passage of this ordinance.

 

      BE IT THEREFORE ORDAINED THAT S. WISHON STREET FROM HARDY STREET TO THE ADJACENT ALLEY ON THE NORTH SIDE OF THE PREMISES BE CLOSED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL. (Ord. 870)

 

Sec. 25-140.1     Closing Burlington Northern San Francisco Railroad Crossing right-of-way/easement located between Springfield Street to the north and Helen Street to the south at the Oak Street Crossing.

 

      The Mayor of the City of St. James, Missouri is hereby authorized and directed to execute a Crossing Closure Agreement between the City of St. James, Missouri and the BNSF Railroad, and

 

      That the Oak Street crossing will be closed following the execution of the Agreement between the City of St. James and the BNSF Railroad.  (Ord. 930)


ARTICLE II

SUBDIVISIONS

 

DIVISION 11.A.  DESIGNATING CITY STREETS

 

Sec. 25-141.       Designating the Industrial Park Drive in the St. James Industrial Park as a city street.

 

      (a)   Whereas the City of St. James has jurisdiction over the Industrial Park Drive in the Industrial Park.

 

      (b)  Be it therefore resolved that the present Industrial Park Drive in the St. James Industrial Park be designated as a city street authorizing the mayor of the City of St. James, Missouri, to sign it on this 4th day of December 1995.

 

      (c)   Industrial Park Drive: The Industrial Park Drive will consist of approximately 3,225 linear feet of industrial roadway construction.  It shall consist of 24 feet of driving surface, 2 foot shoulders, and ditches of 24" minimum depth and graded 3:1 slopes.  The entrance shall have 50 foot radii on the turns into the park.  The pavement course will consist of 5" of 3" minus crushed stone and 5" of 1" minus crushed aggregate.  The prepared subbase will be compacted to 95% maximum density and the crushed stone and aggregate courses will be compacted in place to a 95% density.  The first 2,200 feet from the entrance will be surfaced with asphalt.  Grade C asphalt will provide the surface course, being placed in two separate lifts, and each lift being compacted to 98% standard density.  The remaining 1,025 linear feet shall have Engineering fabric installed on the sub base prior to the base aggregate placement.  The City shall construct a bituminous surface treatment, double course of chip and seal, over the compacted aggregate.  All ditches and backslopes shall be properly seeded.  Any utilities under the roadway shall be installed and properly backfilled and compacted prior to the roadway being constructed.  (Ord. 560)

 

Sec. 25-142.       Designating the road at the Nelson A Hart Community Park, connecting Sports Club

                        Drive and Springfield Road, as a city street to be named Nelson Hart Drive.

 

      Whereas: The City of St. James has jurisdiction of the Nelson A Hart Community Park.

 

      Whereas: To assist emergency vehicles and participants at the park an address system is needed.

 

      THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE ROAD THROUGH NELSON A. HART PARK SHALL BE NAMED NELSON HART DRIVE AND THE SPEED LIMIT SHALL BE POSTED AT 10 MILES PER HOUR. (Ord. 843)

 

 

Sec. 25-142.1     Opening a Burlington Northern San Francisco Railroad crossing right-of-way/easement

                        located between Sports Club Drive to the north and Missouri State Highway BB

                        to the south to be known as Sports Club Crossing.

 

      The Mayor of the City of St. James, Missouri is hereby authorized and directed to execute a Crossing Opening Agreement between the City of St. James, Missouri and the BNSF Railroad, and

 

      That construction of the Sports Club crossing will begin following the execution of the Agreement between the City of St. James and the BNSF Railroad. (Ord. 931)

 

ARTICLE II

SUBDIVISIONS

 

 

DIVISION 12.  VACATED

STREETS AND ALLEYS

 

 

Sec. 25-143.  Vacating a portion of Meramec Street.

 

      Vacating 16" off the East Side of Meramec Street a distance of 111.5' along West line of Lot 12 of Block 7 from alley on North to Springfield Street South.  (Title of an Un-numbered Resolution; Dated April 8, 1948)

 

 

Sec. 25-144.       Vacating Ida Street between Grover and Meramec             Streets.

 

      WHEREAS, there is on file and of record a Plat in which is described a street designated IDA STREET, to Bray's Addition to the City of St. James, Missouri, which, as shown by Plat on file, runs from Grover Street on the East to Meramec Street on the West; and

 

      WHEREAS, said Street was never opened up as a street or improvement and never used as a street, and since there is no necessity for such street, and that the opening, improving, and maintaining in the future would be a useless and unnecessary burden upon the City, and because there is no necessity for any such street, the same as above described, and all easement rights of the City thereto, is hereby vacated and discontinued as authorized by Section 88.673 RSMo. 1949; and all easement rights or other rights which the City may have to such property designated as IDA STREET if fully restored to Lots numbered from One to Ten, inclusive, as shown by the Plat on file, adjoining thereto.  (Ord. 143, §1.)

 

 

Sec. 25-145.  Vacating a portion of Elsie Street.

 

      WHEREAS, there is on file and of record a plat in which is designated and described a street known as ELSIE  Street, in the Bray Addition to the City of St. James, Missouri; and North of said Street and certain lots therein designated, is also a 10 ft. alleyway; and (Ord. 174, §1.)

 

      WHEREAS, the State Highway Department has taken over all of said Elsie Street, so designated, for highway purposes, with the exception of a small triangular strip running East and West, approximately 15 feet at the West end thereof and running back to a featheredge of the line to the East, this remaining portion of the Street, as designated, is now wholly worthless for street purposes and can no longer be used as such.  Likewise, the 10 ft. alleyway to the North is no longer usable or serviceable as an alleyway or public highway.   (Ord. 147, §2.)

 

      Since a small portion only of Elsie Street remains, which can no longer be used as a street, and since the alleyway to the North is no longer a necessary alleyway, and the opening and improving thereof would be a useless and unnecessary burden upon the city.  Therefore, the remainder of said street described and  the alleyway described, and all easement rights of the city thereto are hereby vacated and discontinued, as authorized by law; and all easement rights or other rights that the City may have to such portion of the street and alleyway described are fully restored to Lots numbered 21 to 31, both inclusive, and the City shall hereafter have no dominion over such ground.  (Ord. 147, §3.)


Sec. 25-146.       Vacating those portions of Elsie, Ida and Park Streets lying between          Evergreen Avenue and Etta Street, and that portion of Marcella between    Etta and Meramec Streets.

 

      That Marcella Street, from the West line of Stricker Addition to the City of St. James, Missouri to the West line of Meramec Street;  Elsie Street from the West line of said Stricker Addition to the West line of Evergreen Avenue; Ida Street from the West line of said Addition to the West line of Evergreen Avenue; Park Street from the West line of said Stricker Addition to the West line of Evergreen Avenue; that the alleyways extending from the West line of said Subdivision to the West line of Evergreen Avenue in Blocks 6, 7 and 8 of said Subdivision; be and the same are hereby vacated.  (Ord. 178, §1.)

 

 

Sec. 25-147.       Vacating an Alley north of Lot 1 in Block 1 of Gorman's Addition (south of Railroad Tracks and intersecting the east right-of-way of Emory Street).

 

      There is on file and of record a Plat in which is described the unnamed and unopened street situated north of Lot 1 of Block 1 of Gorman's Addition to the City of St. James, Missouri; West of the East line of said Addition; South of the North line of said Addition; South of the South right-of-way line of the Frisco Railway and East of the East line of Emory Street be vacated and closed to public use forever.

 

      WHEREAS, said Street was never opened up as a street or improvement and never used as a street, and since there is no necessity for such street, and that the opening, improving, and maintaining in the future would be useless and unnecessary burden upon the City, and because there is no necessity for any such street, the same as above described, and all easement rights of the City thereto, is hereby vacated and discontinued as authorized by Section 88.673 RSMo. 1949; and all easement rights or other rights which the City may have to such property as shown by the Plat on file.  (Ord. 235, § 1.)

 

 

Sec. 25-148.       Vacating Alley south of Lots 379, 380, 381 and 382 of the Reitz     Subdivision.

 

      Whereas, said alley is not used as such by the City or any citizen of the City of St. James, Missouri and maintenance is useless and unnecessary burden upon the City of St. James and there is no necessity of any such alley, and all easement rights of the City thereto is hereby vacated and discontinued, as authorized by Section 88.673 RSMo. 1949; and all easement rights or other rights which the City may have to such property designated is fully restored to the property owners.  (Ord. 251, §1.)

 

 

Sec. 25-149.       Vacating an Alley on the North side of Lots 1-12 between Bourbeuse and   Jackson Streets (Block 22 Original Town of St. James, now Block 22- 10).

 

      Whereas, said alley is not used as such by the City or any citizen of the City of St. James, Missouri and maintenance is useless and unnecessary burden upon the City of St. James and there is no necessity of any such alley, and all easement rights of the City thereto is hereby vacated and discontinued, as authorized by Section 88.673, RSMo. 1949; and all easement rights or other rights which the City may have to such property designated is fully restored to the property owners.  (Ord. 263, §1.)

 

 

Sec. 25-150.  Vacating Hall Street in Bowman's Second Addition.

 

      That whereas Hall Street as laid out and platted in Bowman's Addition* to the City of St. James, Missouri, has never been opened or used by the general public and the owner of all land on both sides of said Street has requested that the Street be vacated:

 

      Whereas the city council has ascertained and determined that no one has any right, title, or interest in and to said Street and will sustain no damage whatsoever by reason of said Street being vacated.

 

      Therefore, said Hall Street as laid out and platted in said Bowman's Addition* to the City of St. James, Missouri, is hereby vacated.  (Ord. 266, §1.)

 

*NOTE:  Hall Street was located in Bowman's Second Addition, not Bowman's Addition.  See Section 25-151.

 

 

Sec. 25-151.  Vacating  Henrietta Street.

 

      That whereas Henrietta Street as laid out and platted in Lovekamp Highlands amended Plat to the City of St. James, Missouri, has never been opened or used by the general public and the owner of all land on both sides of said Street has requested that the Street be vacated:

 

      Whereas the city council has ascertained and determined that no one has any right, title, or interest in and to said Street and will sustain no damage whatsoever by reason of said Street being vacated.

 

      Therefore, said Henrietta Street as laid out and platted in said Lovekamp Highlands Addition to the City of St. James, Missouri, is hereby vacated.  (Ord. 288, §1.)

 

 

Sec. 25-152.       Vacating Seymour Street between Scioto and Hardy Streets.

 

      That whereas the St. James board of Education has requested the closing of Seymour Street between Scioto and Hardy Streets as they have purchased all the property on both sides of this section of street.

 

      Therefore, said Seymour Street as between Scioto on the South and Hardy on the North in the City of St. James, Missouri, is hereby vacated.  (Ord. 290, §1.)

 

 

Sec. 25-153.       Vacating "A" Street between James Blvd. and Front Street.

 

      That whereas "A" Street between Front Street and Old Highway 66 (now East James Blvd.) as laid out and platted in Lynna Heights Subdivision Plat to the City of St. James, Missouri has never been opened or used by the general public and the owners of all land on both sides of said Street have requested that the Street be vacated:

 

      Whereas the city council has ascertained and determined that no one has any right, title, or interest in and to said Street and will sustain no damage whatsoever by reason of said Street being vacated.

 

      Therefore, said "A" Street as laid out and platted in said Lynna Heights Subdivision of the City of St. James, Missouri, is hereby vacated.  (Ord. 291, §1.)

 

 

Sec. 25-154.       Vacating an Alley between Lots 9-12 and 13-16 in Block 6 of the Original Town of St. James.

 

      Whereas, said alley is not used as such by the City or any citizen and the Council has ascertained and determined that no one has any right, title, or interest in and to said alley and will sustain no damage whatsoever by reason of said portion of alley being vacated.

 

      Therefore, said portion of alley as laid out in the Original Town of St. James, Missouri, Block 6-7,* is hereby vacated.  (Ord. 292, §1.)

 

*NOTE:  This Block was Block 6 in the original Town plat of St. James.  In the replat of St. James the Block is numbered Block 7.  The official City map refers to the Block as Block 6-7.

 

 

Sec. 25-155.  Vacating "C" Street.

 

      That whereas "C" Street as laid out and platted in the Lynna Heights Subdivision has never been opened or used by the general public it is hereby vacated as a street but the forty (40) feet will be retained, as shown on the Plat, by the City of St. James, Missouri as a utility and drainage easement.

 

      Therefore, said "C" Street as laid out and platted in said Lynna Heights Subdivision of the City of St. James, Missouri is hereby vacated.  (Ord. 312, §1.)

 

 

Sec. 25-156.       Vacating Alley in Block 10 Lynna Heights Subdivision. 

 

      Whereas said alley in Block 10 of the Lynna Heights Subdivision, between Lots 1 through 8 on the South and Lots 9 through 16 on the North is not used as such by the City or any citizen and there is no necessity for such alley, the alley is hereby vacated and discontinued as authorized by Section 88.673, RSMo., 1969 and all easement rights or other rights which the City may have to such property designated is fully restored to the property owner.  (Ord. 319, §1.)

 

 

Sec. 25-157.       Vacating Alley on south side of Lots 371-378 and along the north line of   Lots 331 and 262 of Reitz Subdivision.

 

      Whereas, said alley is not used as such by the City or any citizen of the City of St. James, Missouri, and maintenance is useless and unnecessary burden upon the City of St. James and there is no necessity of any such alley, and all easement rights of the City thereto is hereby vacated and discontinued, as authorized by Section 88.673 RSMo. 1949; and all easement rights or other rights which the City may have to such property designated is fully restored to the property owners.  (Ord. 361A.)

 

 

Sec. 25-158.       Vacating part of Meramec Street along the west side of Lot 12, Block 7 (old plat), Block 6 (new plat), and part of an alley along the north side of said lot.

 

      WHEREAS, the record owners of said Lot 12, Block 7 (Old Plat) Block 6 (New Plat) of the Original Town of St. James, Missouri have requested that said tracts and parcels of Meramec Street and said alley 20 feet wide be vacated.

 

      NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI, THIS 1ST DAY OF JUNE, 1981, that said part of Meramec Street, to wit:

 

      TRACT B:  A strip of ground off the East side of Meramec Street along the West line of a 16 inch strip of ground adjacent to Lot 12, Block 7 (Old Plat), Block 6 (New Plat), Original Town of St. James, said strip being 1.69 feet at Springfield Street on the South and tapering to 0.84 feet at the alley on the North,

 

and said part of the alley 20 feet wide, to wit:

 

      TRACT C:  A strip of ground adjacent to Lot 12, Block 7 (Old Plat), Block 6 (New Plat), Original Town of St. James, Missouri, said strip lying in the alley on the North of said Lot and being 0.6 feet wide by 33.33 feet long, be and they are hereby vacated.  (Ord. 424)

 

 

Sec. 25-159.  Vacating Bourbeuse Street north of Aida Street.

 

      WHEREAS, Bourbeuse Street north of Aida Street, included in the SE 1/4, NE 1/4, section 19, township 38N, range 6 west of Paces third addition to the City of St. James, has served as a private drive for one family of the two property owners fronting that street, and

 

      WHEREAS, the two property owners have petitioned the city requesting it's abolition and the equal opportioning of the land occupied by the street to the present owners fronting that street, and

 

      WHEREAS, the city council has determined that the request is reasonable and justified,

 

      It  therefore, grants this request of vacating the street and grant equal ownership of the land within the street to the present proprietors of the land fronting the street, provided that a satisafacoty drainage channel is included on the land presently occupied by the street.  (Ord. 434)

 

 

Sec. 25-160.       Vacating Jones Street, granting possession to owners of property on the     east side of the street and reserving easements.

 

      (a)   Jones Street, undeveloped, which extends from Springfield Street to James Boulevard, and no future need foreseen.

 

      (b)  The lots fronting on the east side of this street have been hindered in development because of size, restricted when it was assumed that Jones Street was non-existing.

 

      (c)   The owners have been taxed on the area occupied by this street, therefore;

 

      (d)  The City of St. James proclaims vacating the street reserving a twenty foot easement along the western line of the street, and deeding the area of the street to each owner whose property bounds the street on the east side.  (Ord. 447, §§1-4.)

 

 

Sec. 25-161.       Vacating a portion of the unopened streets of Rosemary Avenue, Elsie       Street and Ida Street along with designated alleyways.

 

      (a)   Whereas there is on file and of record a plat of which are described streets designated Rosemary Avenue, Ida Street, and Elsie Street;

 

      (b)  Whereas said streets and alleyways incident thereto contained within the following described tract of real property, were never opened up as streets or improvements and never used as streets, and since there is no necessity for such streets, and that the opening, improving, and maintaining in the future would be a useless and unnecessary burden upon the city, and because there is no necessity for any such streets, and all easements rights of the city thereto are hereby vacated and discontinued as authorized by Section 88.673 RSMo;  and easement rights or other rights which the city may have to such property adjoining thereto:

 

      A fractional part of the Southwest Quarter of the Northeast Quarter, Section 19, Township 38 North, Range 6 West of the 5th P.M. including a fractional part of Rosemary Avenue, a fractional part of Block 8, and a 20 foot wide alley East of said Block 8, all in Big Prairie Addition No. 1 to St. James, Missouri, more particularldescribed as follows:  Commencing at the Northeast Corner of the Southwest  Quarter of the Northeast Quarter of said Section 19;  thence North 88°-03'-40" West,, 410.00 feet along the North line of said Southwest Quarter of the Northeast Quarter to the true point of beginning of the tract hereinafter described:  Thence continuing North 88°-03'-40" West, 468.25 feet along the North line of said Southwest Quarter of the Northeast Quarter;  thence South 1°-41'-20" West, 756.31 feet to the North right-of-way of U.S. Highway I-44;  thence North 51°-35'-40" East, 612.10 feet along said North right-of-way;  thence North 1°-41'-20" East, 360.04 feet to the true point of beginning.  Above described tract contains 6.00 acres, more or less, per plat of survey R-438, dated March 28, 1985, by Elgin Surveying and Engineering, Inc.  (Ord. 448, §§1-2.)

 

 

Sec. 25-161.1.       Vacating Bourbeuse Street from Highway BB to the Burlington-Northern           Railroad Property.

 

      Whereas,  the owner of the property on the east and west side of Bourbeuse Street between Highway BB and the Burlington-Northern Railroad has petitioned the City for vacating the street and,

 

      Whereas, this portion of the street, with the elimination of the Railroad Crossing, has no particular advantage for the City to continue with its maintenance, and

 

      Whereas, the City Council considers the request justifiable,

 

      It, therefore, grants this request of vacating the street and grant ownership of the land comprising the street to the proprietor whose property bounds on the east and west sides of the street.  (Ord. 466.)

 

 

Sec. 25-161.2.       Vacating Dellacella Avenue between Block 1 and Block 2 of the Dellacella            Heights Subdivision.

 

      Whereas the owner and the officials of the Jehovah Witness Church have petitioned the city to close the street for the construction of a church; and,

 

      Whereas the present owner of the land owns all the land being donated on both sides of Dellacella Street; and,

 

      Whereas the Planning and Zoning Board has reviewed this request and anticipates it will improve the present conditions of the vacant area being donated recommends that the street be vacated,

 

      Therefore, be it resolved that this request, approved by the city council, be granted and the land comprising of the street be dedicated to the owner's who own the land adjacent to the street.   (Ord. 481.)

 

 

Sec. 25-161.3        Vacating of an alley in the Reitz Addition to the City of St. James.

 

      Whereas: There exists a plat of record for the Reitz Addition to the City of St. James, and therein is shown to be an alley between the North line of Lot 332 and the South line of Lots 367, 368, 369 and 370;

 

      Whereas: The alley has never been opened as an improvement, and was never used as an alley, and since there is no necessity for such alley;

 

      Whereas: Doyle R. & Micheline O. Edwards, owners of Lots 367, 368, 369 and 370 in the Reitz Addition, have deeded the West 15 feet of said Lot 367 to the City of St. James, for the purposes of extending the existing alley north along the West line of the Reitz Addition to Parker Road, to provide access to said existing alley and also to provide utility services to the area;

 

      Therefore, be it resolved that in consideration of the deeding of the above described tract in Lot 367 to the City of St. James, the city council approves the vacating of said alley between Lots 332 and Lots 367, 368, 369 and 370.  Authorization is given to the mayor to sign such documents as may be needed to convey said vacated alley to Doyle R. & Michelle O. Edwards.  (Ord. 523)

 

 

Sec. 25-161.4          Vacating an alley in Lynna Heights Addition between Lots 9-14 on the North side of the alley, and Lots 1-8 on the South side of the alley in Block 2.

 

      Whereas: There is an alley in Block Two of Lynna Heights which has not been developed, and

 

      Whereas: If the alley were developed it would be in the flood zone of the City, and

 

      Whereas: A request, by the property owner of land in that area, has been made to vacate the alley, and

 

      Whereas: the request is reasonable and justified.

 

      Be it therefore resolved that the above request be granted and authorize the mayor of the City of St. James to sign the ordinance vacating the alley.  (Ord. 552)

 

 

Sec. 25-161.5  Vacating and discontinuing a portion of a public alley.

 

      (a)   The City Council of the City of St. James, Missouri, hereby declares it necessary, reasonable and proper to discontinue as a right-of-way for a public alley and forever vacate the alley platted on the following described real property in said City, subject to the reservation in the City of the easement mentioned in Subsection (b) of this Ordinance.

 

A fractional part of the E 1/2 of the NE 1/4 of Sec. 19, Twp. 38 N., Rng. 6 W., more particularly described as follows: Beginning at the intersection of the East right of way of Grover Street and the North right of way of Marcella Street; thence North 58 deg. 55 min. East, along the North right of way of Marcella Street, 47.44 feet to the point of beginning of the tract herein described; thence North 23 deg. 32 min. West, 135.33 feet; thence North 51 deg. 21 min. East, 32.59 feet; thence North 22 deg. 02 min. East, 23.41 feet; thence North 5 deg. 31 min. East, 19.11 feet; thence North 11 deg. 09 min. West, 40.54 feet; thence North 18 deg. 10 min. West, 70.04 feet; thence North 0 deg. 29 min. West, 10.88 feet to the South right of way of I-44; thence North 65 deg. 27 min. East along the South right of way of I-44, 34.73 feet; thence North 86 deg. 00 min. East along the South right of way of I-44, 58.60 feet to the intersection of the West right of way of Missouri State Highway #68; thence South 26 deg. 41 min. East along the West right of way of Missouri State Highway #68, 169.93 feet; thence South 28 deg. 57 min. East along the West right of way of Missouri State Highway #68, 83.58 feet to the intersection of the North right of way of Marcella Street; thence South 58 deg. 55 min. West along the North right of way of Marcella Street, 185.75 feet to the point of beginning.  Except all legally established roads and highways.  (Ord. 561, §1)

 

      (b)  All of that portion of the above-vacated property is hereby retained as a perpetual easement or right-of-way for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage and all public utility facilities, and no permanent buildings or structures shall be located within or upon said easement without the prior written consent of the City.  (Ord. 561, §2)

 

      (c)   Right of reversion in the owners of the abutting property is hereby confirmed, subject to the easement expressly reserved in Subsection (b) of this Ordinance as is provided by the laws of the State of Missouri and the Mayor and Clerk of the City and the Mayor and the Clerk of the City are hereby authorized to execute all necessary instruments required to confirm the reversionary rights of the owners of property abutting on the area vacated, as described in Subsection (a) of this Ordinance, in the right-of-way vacated.  (Ord. 561, §3)


Sec. 25-161.6  Vacating a portion of Lola Lane in Rosemary Heights retaining a 50 feet

                     underground easement.

 

      Whereas there is on file and of record a plat of which is described a street designated as Lola Lane in Rosemary Heights Estates.

 

      Whereas said street was never developed as a street between lots 18 - 19 - 20 - 21 and 22 on the west side and lots 25 and 26 on the east side. Since there is no necessity for such street and that the opening, improving and maintaining in the future would be a useless and unnecessary burden upon the City.

 

      Whereas the property owners adjacent to this property have executed a petition to the City requesting it's abolition and the release and return of this property to their full ownership.

 

      Whereas a permanent 50 ft. underground easement will be permitted.

 

      Whereas the Planning and Zoning Committee and the City Council has determined that the request is reasonable and justified.

 

      Therefore the City Council of the City of St. James grants this request of vacating the above described section of Lola Lane, retaining a fifty feet underground easement and granting ownership to the property owners of lots above stated.  (Ord. 618, §§1-5)

 

 

Sec. 25-161.7    Vacating a portion of Elm Street giving a quit claim to the property owner of Lot 4 Block 63 Pinto's Addition.

 

      WHEREAS: Mike Woessner, the owner of Lot 4 in Block 63 of Pinto's Addition has requested a quit claim deed for a portion of Elm St. as described below.

 

Beginning at SW corner of Lot 4 in Block 63 Pinto's Addition to St. James, thence West along the North side of Washington St. a distance of 63 feet; thence North along the East side of Elm St. 150 ft; thence E. 42 ft. to the W. side of Lot 4; thence South along the West side of Lot 4 150 ft. to place of beginning in Pinto's Addition. ALSO a piece of a fraction of land described as follows: Beginning at the NW corner of Lot 4 in Block 63 in Pinto's Addition to the City of St. James, Missouri, running thence S. along the W. side of Lot 4, 276 ft; thence West 42 ft. to the East line of Elm Street; thence North along the E. line of Elm 279 ft. to the place of beginning.

 

      WHEREAS: The property would be used for Habitat for Humanity houses, and,

 

      WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

 

      WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

 

      BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE ABOVE DESCRIBED VACATED STREET SHALL BE GIVEN TO THE OWNERS OF LOT 4 IN BLOCK 63 OF PINTO'S ADDITION AS REQUESTED. (Ord. 638)

 

 

Sec. 25-161.8    Vacating a portion of Danny Drive from the mid point of Lot 21 in Block 3 of Mitchell Addition to the west end of the undeveloped street retaining a 30 feet utility easement.

 

      Whereas there is on file and of record a plat of which is described a drive designated as Danny Drive in Mitchell Addition. (Ord. 647, §1)


      Whereas said drive was never developed as a drive. Since there is no necessity for such drive and that the opening, improving and maintaining in the future would be a useless and unnecessary burden upon the City.  (Ord. 647, §2)

 

      Whereas the property owners adjacent to this property have executed a petition to the City requesting it's abolition and the release and return of this property to their full ownership (Ord. 647, §3)

 

      Whereas a permanent 30 ft. utility easement will be retained. (Ord. 647, §4)

 

      Whereas the Planning and Zoning commission and the City Council has determined that the request is reasonable and justified. (Ord. 647, §5)

 

      Therefore the City Council of the City of St. James grants this request of vacating the drive, retaining a thirty feet utility easement, and granting equal ownership of the land, comprising the drive, to the proprietors whose property bounds on the north and south sides of the drive.  (Ord. 647)

 

Sec. 25-161.9    Vacating undeveloped Clark Avenue in Dellacella Heights dividing the land between the owners on either side equally and allowing for a 30 foot utility easement.

 

      WHEREAS: Midcontinent Equity Holdings have requested the vacation of Clark Avenue that runs south of lots 3-7, Block 6 of Dellacella Heights and north of Lots 10-18, Block 2, Dellacella Heights, and

 

      WHEREAS: The part of Clark Avenue that runs along the south side of lots 3, 4 and 5 in Block 6 bordering the Jehovah's Witnesses Church would be divided between Midcontinent Equity Holdings and the Jehovah's Witnesses Church, and

 

      WHEREAS: A 30 foot utility easement running from the south of Lots 1-9, Block 2, and east of Lot 18, Block 2, and south of Lots 3, 4 and 5, Block 6 and east of Lot 3, Block 6 will be obtained; and

 

      WHEREAS, The Planning and Zoning Commission met on April 2, 2003 and recommended approval of this request; and

 

      WHEREAS: A Public Hearing was held prior to the passage of this Ordinance.

 

      BE IT THEREFORE ORDAINED THAT Clark Avenue, the section described above, be vacated, divided equally between the owners on either side and allowing a 30 foot utility easement and authorize the mayor to sign it’s approval.  (Ord. 771; Ord. 773)

 

Sec. 25-161.10    Vacating the east-west running alley lying south of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 and north of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 2 in Dellacella Heights.

 

      WHEREAS: Midcontinent Equity Holdings have requested the vacation of the east-west running alley lying south of Lots 10-18, and north of Lots 1-9, Block 2, Dellacella Heights, and

 

      WHEREAS: The alley is vacated on Midcontinent Equity Holdings' plat but is not discovered on any recorded deed, and

 

      WHEREAS: The Planning and Zoning Commission met on April 2, 2003 and recommended approval of this request, and

 

      WHEREAS: A Public Hearing was held prior to the passage of this Ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE ALLEY BE VACATED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 772; Ord. 774)


Sec. 25-161.11    Vacating alley lying south of Lots 1 though 5 of Block 60 of Pace's Third Addition and dividing the land between the owners on either side equally and retaining a sixteen feet utility easement.

 

      WHEREAS: The landowners bordering the alley lying south of lots 1 through 5 of Block 60 of Pace's 3rd Addition have requested the vacation of the alley, and

 

      WHEREAS: The Planning and Zoning Commission met on April 30, 2003 and recommended the acceptance of this request, and

 

      WHEREAS: A Public Hearing was held prior to the passage of this Section.

 

      BE IT THEREFORE ORDAINED THAT THE ALLEY BE VACATED AND AUTHORIZE THE MAYOR TO SIGN IT’S APPROVAL.  (Ord. 775)

 

Sec. 25-161.12    Vacating the East-West running alley lying South of Lots 10, 11, 12, 13, 14, 15, 16 and North of Lots 17, 18, 19, 20, 21, 22, 23 Block 2 in Highland Park Subdivision.

 

      WHEREAS: The Silver Family have requested the vacation of the east-west running alley lying south of Lots 10-16 and north of Lots 17-23, Block 2, Highland Park Subdivision, and

 

      WHEREAS: The Planning and Zoning Commission met on October 1, 2003 and recommended approval of this request, and

 

      WHEREAS: A Public Hearing was held prior to the passage of this Section.

 

      BE IT THEREFORE ORDAINED THAT THE ALLEY BE VACATED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 789)

 

Sec. 25-161.13    Vacating the alley and utility easement between Lots 1A, 1 through 6 and 7 through 12Block 58 in Paces Third Addition to the City of St. James, Missouri.

 

      WHEREAS: The First Baptist Church has requested the vacation of the alley and utility easement between lots 1A, 1-6 and 7-12 of Block 58 in the Paces Third Addition to the City of St. James, Missouri, and

 

      WHEREAS: The Planning and Zoning Commission met on September 29, 2004 and recommended approval of this request, and

 

      WHEREAS: A Public Hearing was held on October 4, 2004 prior to the passage of this ordinance..

 

      BE IT THEREFORE ORDAINED THAT THE ALLEY AND UTILITY EASEMENT BE VACATED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 832)

 

Sec. 25-161.14    Vacating a portion of Sidney Street, giving the land back to the property owner oneither side and allowing for a 50 foot utility easement.

 

      Street vacation description

A part of the S1/2 of Sec. 17, T38N, R6W of the 5th P.M., in Phelps County, Missouri, described as follows: Commencing at the NW corner of the NW1/4 of the SE1/4 of said Sec. 17, thence S 0°23’20”W 330.07 feet along west line of said SE1/4, thence with same S 0°23’36”W 1112.21 feet to the SW corner of Wilson’s Woods Plat No. 1 and the point of beginning, thence along the south line of said Wilson’s Woods Plat No. 1 N 71°32’32”E 135.30 feet, thence leaving said south line S 18°27’28”E 50.00 feet, thence S 71°32’32”W 656.05 feet, thence N 18°27’28”W 50.00 feet, thence N 71°32’32”E 520.75 feet to the point of beginning. Containing 0.75 acres.


      WHEREAS: The owners of St. James Winery have requested the vacation of a portion of Sidney Street connecting their property, and

 

      WHEREAS: They have offered property for a new street from Sidney to Highway B, to remove the existing structure, to accomplish the earthwork, and to pay for the materials needed for the city to construct the new connector street, and

 

      WHEREAS: A fifty foot utility easement will be retained, and

 

      WHEREAS: The Planning and Zoning Commission met on February 23, 2005 and recommended the approval of this request, and

 

      WHEREAS: A Public Hearing was held on March 7th, 2005, prior to the passage of this ordinance:

 

      BE IF THEREFORE ORDAINED THAT THE VACATING OF THE PORTION OF SIDNEY STREET ABOVE DESCRIBED, GIVING THE LAND BACK TO THE PROPERTY OWNER ON EITHER SIDE AND ALLOWING FOR A FIFTY FOOT UTILITY EASEMENT, BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 845)

 

Sec. 25-161.15    Vacating the east-west running alley lying south of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and north of Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 Block 2 in Highland Park Subdivision also known as Tracts 1, 2, 3 & 4 described in Elgin Surveying &Engineering, Inc July 26, 2005 Survey No. R11900.

 

      WHEREAS: Helen Thompson, guardian & conservator for Glyn & Lorena Dowler Estate has requested the closing of the alley lying south of Lots 1-9, and north of Lots 24-33, Block 2, Highland Park Subdivision, and

      WHEREAS: The Planning and Zoning Commission met on August 31, 2005 and recommended approval/disapproval of this request, and

      WHEREAS: A public Hearing was held September 6th, 2005 prior to the passage of this ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE ALLEY BE VACATED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 855)

 

Sec. 25-161.16    Vacating and allowing for utilities easement a portion of undeveloped Illinois Avenue located between Lot #5 in Block #4 Union Heights Subdivision and Lots 16 and 17, Block #2 Highland Park Subdivision to be zoned as B-2, Central Business, granting ownership of the land, comprising the avenue, to the proprietors whose property it bounds.

 

      WHEREAS: Property owners, Charles Silver, J. Peter Silver, Margaret E. Silver, Jean Silver and Ellie Silver have requested the vacation of the portion of undeveloped Illinois Avenue located between their two parcels of property, lot #5, Block #4 of Union Heights Subdivision and lots 16 and 17, Block #2 Highland Park Subdivision, and

 

      WHEREAS: The Planning and Zoning Commission met on May 31, 2006 and recommended approval of this request subject to obtaining a 15 foot by 501 feet utilities easement along the entire west side of lot 6, block 5 & 6 block 4 of Union Heights Subdivision and 15 foot by 268 feet along the entire north side of Illinois Avenue and lots 5 & 6 of Block 4 of Union Heights subdivision and subject to connection of Mrs. Brown’s water line to the public system, and

 

      WHEREAS: A Public Hearing was held June 05, 2006 prior to the passage of this ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE VACATION OF THE ABOVE DESCRIBED PORTION OF UNDEVELOPED ILLINOIS AVENUE BE APPROVED GRANTING OWNERSHIP OF THE LAND, COMPRISING THE AVENUE, TO THE PROPRIETORS WHOSE PROPERTY IT BOUDNS OBTAINING THE ABOVE DESCRIBED UTILITIES EASEMENT. (Ord. 875)


 

Sec. 25-161.17       Vacating the East-West running alley lying South of the West 141 Feet of Lot 53

                           in the Stimson Subdivision.

 

      WHEREAS: Blake and Amanda Terrill, property owners of 842 W. Washington, have asked that the alley be vacated South of their property, and

 

      WHEREAS: There is a 13 feet encroachment into the alley where an addition to the house was constructed years ago, and

 

      WHEREAS: The encroachment has rendered that part of the alley useless, and

 

      WHEREAS: The Planning and Zoning Commission met on September 30, 2009 and recommended approval of this request, and

 

      WHEREAS: A Public Hearing was held October 05, 2009 prior to the passage of this Ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE WEST 141 FEET OF THE ALLEY SOUTH OF LOT 53 IN THE STIMSON SUBDIVISION BE VACATED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 965)

 

Sec. 25-161.18    Vacating the East-West running alley in Block 57 of Paces Addition, Beginning at the East line of Lots 6 and 17 continuing West through the West line of Lots 11 and 12, while an additional fifteen feet easement, along the North side of the existing easement already in place to the city, will be granted by the Caring Center totaling a 35 feet wide easement.

 

      WHEREAS:  St. James Caring Center Executive Director has requested the East/West alley separating their properties be vacated, and

 

      WHEREAS:  The Planning and Zoning Commission met on July 09, 2010 and recommended approval of this request, and

 

      WHEREAS:  Any construction on the property where the easement is present would have to be approved by the City, and

 

      WHEREAS:  The Caring Center will agree to pay for costs associated with constructing underground electrical utilities, and

 

      WHEREAS:  Storm water management plans will be required for any new construction.

 

      WHEREAS:  A Public Hearing was held on July 06, 2010 and August 09, 2010 prior to the passage of this ordinance. (Ord. 985)

 

                              BE IT THEREFORE ORDAINED THAT THE EAST-WEST RUNNING ALLEY IN THE BLOCK 57 OF PACES ADDITION, BEGINNING AT THE EAST LINE OF LOTS 6 AND 17 CONTINUING WEST THROUGH THE WEST LINE OF LOTS 11 AND 12, SHALL BE VACATED WHILE AN ADDITIONAL FIFTEEN FT. EASEMENT, ALONG THE EXISTING TWENTY FT. EASEMENT IN PLACE TO THE CITY, WILL BE GRANTED BY THE CARING CENTER TOTALING A 35 FT. WIDE EASEMENT AND AUTHORIZING THE MAYOR TO SIGHN ITS PASSAGE.

 

Sec. 25-161.19    Vacating undeveloped Pinoak Drive in the Stricker Addition Replat giving the land to the property owner on either side.

 

WHEREAS: Larry and Gloria Davis have requested the vacation of undeveloped Pinoak Drive located between Blocks 8 and 10 of the Stricker Addition Replat beginning at Evergreen Street running parallel to I-44 for 314 feet then turning to the south for 240 feet connection to Park Street, and  

     

WHEREAS:  This street intersects property that Larry and Gloria Davis own in whole, and

 

WHEREAS:  The adjacent owners have maintained the land for years, and

 

WHEREAS:  The Planning and Zoning Commission met on September 29, 2010 and recommended approval of this request, and

 

WHEREAS:  A Public Hearing was held on October 4, 2010 prior to the passage of this ordinance:

 

BE IT THEREFORE ORDAINED THAT THE VACATING OF UNDEVELOPED PINOAK DRIVE IN THE STRICKER ADDITION REPLAT, GIVING THE LAND TO THE PROPERTY OWNER ON EITHER SIDE, BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN THE PASSAGE OF THIS ORDINANCE.

(Ord. 993)         

 

Sec. 25-161.20    Vacating undeveloped Park Street of the Stricker Addition Replat, equally dividing the land between the adjacent property owners and allowing for a 30 foot utility easement.

 

WHEREAS: Larry and Gloria Davis, Donald E. and Lynette Carson and Pauline Stricker Trust have requested the vacating of the undeveloped Park Street lying south of lots 1, 18, 19 in Blocks 8 and 9 and north of lots 1-6 in Block 9 of the Stricker Addition Replat, and

     

WHEREAS:  The 50 feet width of Park Street would be equally divided between the adjacent property owners including Larry and Gloria Davis, Donald and Lynette Carson and Pauline Stricker Trust, and

 

WHEREAS:  The adjoining property owners have maintained the land for years, and

 

WHEREAS:  A 30 foot utility easement will be obtained, and

 

WHEREAS:  The Planning and Zoning Commission met on September 29, 2010 and recommended approval of this request, and

 

WHEREAS:  A Public Hearing was held on October 4, 2010 prior to the passage of this ordinance:

 

BE IT THEREFORE ORDAINED THAT THE VACATING OF UNDEVELOPED PARK STREET IN THE STRICKER ADDIOION REPLAT, EQUALLY DIVIDING THE LAND BETWEEN THE ADJACENT PROPERTY OWNERS AND ALLOWING FOR A 30 FOOT UTILITY EASEMENT BE ALLOWED AND AUTHORISE THE MAYOR TO SIGN THE PASSAGE OF THIS ORDINANCE.

(Ord. 994)

 

Sec. 25-161.21    Vacating undeveloped Ave. Forty-Four of the Stricker Addition Replat giving the land back to the property owner on either side.

 

WHEREAS: Larry and Gloria Davis have requested the vacation of undeveloped Ave. Forty Four located north of lots 5-11 in Block 8 of the Stricker Addition Replat beginning at Evergreen Street running parallel to I-44, and

     

WHEREAS:  This street borders property that Larry and Gloria Davis own in whole, and

 

WHEREAS:  The adjacent property owner has  maintained the land for years, and

 

WHEREAS:  The Planning and Zoning Commission met on September 29, 2010 and recommended approval of this request, and

 

WHEREAS:  A Public Hearing was held on October 4, 2010 prior to the passage of this ordinance:

 

BE IT THEREFORE ORDAINED THAT THE VACATING OF UNDEVELOPED AVE FORTY-FOUR BE ALLOWED AUTHORIZING THE MAYOR TO SIGN THE PASSAGE OF THIS ORDINANCE.

(Ord. 995)         

     

Sec. 25-161.22    Vacating undeveloped Aida Street in the Stricker Addition Replat, equally dividing the land between the adjacent property owners and allowing for a 30 foot utility easement.

 

WHEREAS: Donald E. and Lynette Carson and Pauline Stricker Trust have requested the vacation of undeveloped Aida Street lying south of lots 1-6 in Block 9 and north of Pauline Stricker Trust of the Stricker Addition Replat, and

     

WHEREAS:  The 60 feet width of Aida Street would be equally divided between the adjacent property owners including Donald and Lynette Carson and Pauline Stricker Trust.

 

WHEREAS:  The adjacent property owners have maintained the land for years, and

 

WHEREAS:  A 30 foot utility easement will be obtained, and

 

WHEREAS:  The Planning and Zoning Commission met on September 29, 2010 and recommended approval of this request, and

 

WHEREAS:  A Public Hearing was held on October 4, 2010 prior to the passage of this ordinance:

 

BE IT THEREFORE ORDAINED THAT THE VACATING OF UNDEVELOPED AIDA STREET BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.

(Ord. 996)         

 

Sec. 25-161.23    Vacating undeveloped Gwendolyn Drive in the Mitchell Addition of the City of St. James, Missouri

 

WHEREAS: There is on file and of record a plat of which is described a drive designated as Gwendolyn Drive in the Mitchell Addition.

     

WHEREAS:  Said drive was never developed as a drive.

 

WHEREAS:  The property owner adjacent to this property is one and the same and has requested the City abolish and then release and return this property to their full ownership.

 

WHEREAS:  The Planning and Zoning Commission at their March 22, 2011 meeting unanimously approved requesting the City Council to accept this request as reasonable and justified.

 

THEREFORE THE CITY COUNCIL OF THE CITY OF ST. JAMES GRANTS THIS REQUEST OF VACATING GWENDOLYN DRIVE AND GRANTING OWNERSHIP OF THE LAND, COMPRISING THE DRIVE, TO THE PROPRIETOR TO WHOM THE PROPERTY BOUNDS ON THE NORTH AND SOUTH SIDE OF THE DRIVE.

(Ord. 1005)

ARTICLE II

SUBDIVISIONS

 

DIVISION 13.  UNASSESSED

CITY LAND ACQUISITION

 

Sec. 25-162.       Authorizing the city attorney to obtain a title and abstract on the unassessed property within the city limits described as lots nine through fourteen, block 11 - Lynna Heights Addition.

 

      (a)   Since owners of the lots 9-14, block 11 - Lynna Heights, are unknown, and

 

      (b)  City nor county taxes have not been assessed or collected for years, therefore;

 

      (c)   The city council has granted the city attorney authorization to obtain a title and abstract on above mentioned property for the City of St. James.

 

(Ord. 446, §§1-3.)

 

ARTICLE II

SUBDIVISIONS

 

 

DIVISION 14.  PUBLIC LAND TRANSFERS

 

 

Sec. 25-163.       Sale of three lots in the Lynna Heights Addition which had been donated             to the city.

 

      Whereas three lots of land described as lots 3-4 and 5, of block 6 in Lynna Heights were donated to the city; and

 

      Whereas these lots being located in a residential section of the city and no city use foreseen; and

 

      Whereas if lots were privately owned they would contribute to city revenue in taxes;

 

      Be it therefore ordained that these lots be offered for sale on a sealed bid request with the privilege of rejecting any and all bids.

 

      Passed this Third day of February, 1986.  (Ord. 455.)

 

 

Sec. 25-163.1  Convey real property commonly known as the Rice-Stix Building at 124 Seymour Street and grant an ingress and egress easement to the buyer of such property.

 

      (a)   That the Mayor of the City of St. James, Missouri, be and he is hereby authorized to execute any and all deeds of conveyance to the following described tract of real property and all improvements thereon, owned by it and known as the Rice-Stix property at 124 Seymour Street, situated within the City, to Dennis Michael Prock, a single person, to-wit:

 

All of Lots 10, through 13 and a fractional part of Lot 14, Block 2 of Gorman's Addition, St. James, Missouri, more particularly described as follows: Beginning at the West Corner of Lot 10, Block 2 of said Gormans Addition; thence North 58°17'20" East, 227.12 feet along the Southeasterly line of a 20.0 foot wide alley; thence South 31°26' East, 149.38 feet to the northwesterly right of way of Hardy Street; thence South 58°32' West, 227.11 feet along said northwesterly right of way to the northeasterly right of way Seymour Street; thence North 31°26' West, 148.42 feet along said northeasterly right of way to the point of beginning.  Above described tract contains 0.78 acre, more or less, per plat of survey R-5070, dated July 23, 1992, by Elgin Surveying & Engineering, Inc.

(b)   That the Mayor of the City of St. James, Missouri be and he is hereby authorized to execute any and all deeds of conveyance for an easement for ingress and egress over the following described real property, owned by it, situated within the City, to Dennis Michael Prock, a single person, to-wit:


A fractional part of Lots 14, 15, and 16 of Gormans Addition, St. James, Missouri, more particularly described as follows: Commencing at the South Corner of Lot 10, Block 2 of said Gormans Addition; thence North 58°32' East, 227.11 feet along the northwesterly line of Hardy Street to the true point of beginning of the hereinafter described easement: Thence continuing North 58°32' East, 108.66 feet along said northwesterly right of way; thence North 31°29'40" West, 6.70 feet; thence South 60°39' West, 93.44 feet; thence South 78°12'40" West, 16.20 feet; thence South 31°26' East, 15.61 feet to the true point of beginning.  Above described tract contains 0.02 acre, more or less, per plat of survey R-5070, revised July 24, 1992, by Elgin Surveying & Engineering, Inc. which property is adjacent to the real property described in subsection (a) of this Ordinance.

 

(c) That the sale price for the real property described in subsection (a) and subsection (b) of this Ordinance be $55,010.00.  (Ord. 520, §§1-3)

 

Sec. 25-163.2  Convey real property to the Industrial Development Authority.

 

      Be it ordained by the City Council of the City of St. James, Missouri as follows:

 

That the City of St. James, Missouri, by and through its Mayor, convey by Warranty Deed, the following described real property, lying, being and situate in the City of St. James, Missouri, to-wit:

 

All that part of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of Section Seventeen (17) that lies South of Interstate Highway I-44, all in Township Thirty-eight (38) North of Range Six (6) West of the Fifth P.M.

 

EXCEPT: A fractional part of the East Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 17; thence North 0°-21' East, 295.34 feet along the East line of the Northeast Quarter of the Southeast Quarter to the southerly right-of-way of U.S. Interstate I-44; thence South 71°-41'-25" West 481.04 feet along said southerly right-of-way to the true point of beginning of the hereinafter described tract: Thence continuing South 71°-41'-25" West, 710.79 feet, and South 70°-57'-18" West, 49.98 feet, and South 34°-44'-21" West, 218.12 feet, and, South 10°-16'-21" West, 57.99 feet, all along said southerly right-of-way to the easterly right-of-way of Springfield Road (Old Route B); thence South 0°-32'-41" West 81.75 feet along said easterly right-of-way; thence South 88°-22'-30" East, 629.17 feet to the westerly right-of-way of a 60.0 foot wide road; thence North 0°-28'-50" East, 264.98 feet; and, northeasterly along the arc of a curve, concave southeasterly with a radius of 330.00 feet, the chord of which is North 36°-05'-10" East, 384.24 feet, all along said westerly right-of-way to the true point of beginning.  Above described tract contains 5.60 acres, more or less, per plat of survey R-3415, dated October 7, 1989, by Elgin Surveying & Engineering, Inc.

 

SUBJECT TO: A 60.0 foot wide road easement in a fractional part of the East Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northeast Corner of the Southeast Quarter of the Southeast Quarter of said Section 17; thence North 0°-21' East, 232.00 feet along the East line of the Northeast Quarter of the Southeast Quarter to the true point of beginning of the hereinafter described road: Thence continuing North 0°-21' East, 63.34 feet along said East line to the southerly right-of-way of U.S. Interstate I-44; thence South 71°-41'-25" West, 481.04 feet along said southerly right-of-way; thence southwesterly along the arc of a curve, concave southeasterly with a radius of 330.00 feet, the chord of which is South 36°-05'-10" West, 384.24 feet; thence South 0°-28'-50" West, 805.30 feet; thence Southwesterly, 429.51 feet along the arc of a curve, concave northwesterly with a radius of 270.00 feet; thence North 88°-22'-30" West, 354.63 feet to the easterly right-of-way of Springfield Road (Old Route B); thence South 0°-32'-41" West 60.01 feet along said easterly right-of-way to the South line of the Southeast Quarter of the Southeast Quarter; thence South 88°-22'-30" East, 353.50 feet along said South line; thence northeasterly, 524.96 feet along the arc of a curve, concave northwesterly with a radius of 330.00 feet; thence North 0°-28'-50" East, 805.30 feet; thence northeasterly, 335.57 feet along the arc of a curve, concave southeasterly with a radius 270.00 feet; thence North 71°-41'-25" East, 460.76 feet to the true point of beginning.  Above described road contains 3.42 acres, more or less, per plat of survey R-3415, dated October 7, 1989, by Elgin Surveying and Engineering, Inc.

 

SUBJECT TO: a road easement over Old Missouri Road B (formerly known as Springfield Road) as it now exists extending from the above described 60' Road easement to Missouri Highway KK (formerly U.S. Highway 66) now known as East James Boulevard in the City of St. James, Missouri, being a fractional part of the Southwest Quarter of the Southeast Quarter of Section 17, and a fractional part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 38 North, Range 6 West.  (Ord. 558)

 

Sec. 25-163.3  Convey unimproved property and amendment to lease agreement. (Wal-Mart Stores East, Inc.)

 

      (a)      Authorization of Agreement. The City is hereby authorized to enter into the Agreement for the Sale of Unimproved Property and amendment to Lease Agreement (the "Agreement"), in substantially the form presented to and reviewed by the City at this meeting (a copy of which document shall be filed in the official records of the City), with such changes therein as shall be approved by the officials of the City executing such document, such officials' signatures thereon being conclusive evidence of their approval thereof. The Mayor is hereby authorized and directed to execute the Agreement and such other documents, certificates and instruments (including but not limited to a Special Warranty Deed regarding the conveyance of the Released Property) as may be necessary or desirable to carry out and comply with the intent of this Ordinance. The City Clerk of the City is hereby authorized and directed to attest to and affix the seal of the City to the Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

 

      (b)     Further Authority. The City shall, and the officials, agents and employees of the City are hereby authorized and directed to, take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and to carry out, comply with and perform the duties of the City with respect to the Agreement.  (Ord. 818, §§1-2)

 

Sec. 25-163.4     Exchanging 6.43 acres of city park property that is being used by the St. James School

                        District as a football field for approximately 6.43 acres of St. James School District

                        property near the Nelson Hart Park that is currently being used as a baseball field at

                        no cost to either party.

 

      Whereas: The city uses 6.43 acres at Nelson A. Hart Community Park that belong fee simple to the St. James School District.

 

      Whereas: The St. James School District uses approximately 6.43 acres at the football field that belongs fee simple to the City of St. James.

 

      Whereas: The informal agreement expired in November of 2004.

 

      Whereas: The prudent thing is to exchange these 6.43 acre properties the city retaining ownership of the historic stone wall and archway; the road entering into the park and all property to the right of the well maintenance road including the historic gazebo; 25 feet north of the south property line for future development of adjacent properties; easements for existing utilities; and the property at the water well facilities.

 

      THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE EXCHANGE AND PROVISIONS SHALL BECOME EFFECTIVE ON THE DAY OF PASSAGE.  (Ord. 846)

 

 

Sec. 25-163.5     Convey real property and building at 320 East Hardy Street to Prock Real Estate Inc.

 

      WHEREAS: The Industrial Development Authority approved the proposed sale of the building at 320 East Hardy at a meeting on February 7, 2006, and

 

      WHEREAS: Public notice in the St. James Leader Journal appeared on February 15th and 22nd, 2006, and

 

      WHEREAS: The sale price for the real property, described as, Gorman Addition, Block 2, East 22.89’ of lot 14 and all of lot 15, 16, 17 and 18 of this Ordinance shall be $250,000 at $1,000 a month for 250 months.

 

      BE IT THEREFORE ORDAINED The Mayor of the City of St. James is hereby authorized to execute any and all deed of conveyance to the following described tract of real property and all improvements thereon, owned by the City of St. James, located at 320 East Hardy Street, situated within the City, to Prock Real Estate Inc. (Ord. 871)

 

Sec. 25-163.6     Agree to requirements of James Foundation as conditions for conveyance of a portion of the St. James Park for the operation of the municipal swimming pool.

 

      WHEREAS: the City of St. James committed to consider the renovation and construction of the existing pool facility historically owned and operated by the James Foundation and the ongoing operation of such pool; and

 

      WHEREAS: the City of St. James placed a one-half sales tax issue  before voters to provide the revenues necessary to fund the construction and provide ongoing operating funding; and

 

      WHEREAS: the City of St. James also placed a $1,950,000 general obligation bond issue before voters to allow financing of the renovation and construction; and

 

      WHEREAS: voters approved both the sales tax issue and general obligation bond; and

 

      WHEREAS: the James Foundation has presented an agreement for property conveyance to the City of St. James with certain conditions that are to be agreed to prior to transfer of property ownership.

 

      BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. JAMES, MISSOURI, AS FOLLOWS

 

      (1)     The City of St. James agrees to make improvements and to operate a municipal swimming pool to open to the public at the current location in the St. James Park by June 1, 2013.  If a pool is not open on the Property for use by the public as a pool for at least 30 days during any calendar year, then the conveyance shall be void and the property shall revert back to the Foundation, its successor and assigns.

 

      (2)     The City will light the parking lot and walkway from the parking lot to the pool upon which the James Foundation is providing a non-exclusive easement for parking for pool patrons.

 

      (3)     The City will build and maintain a wooden fence separating the pool property from the St. James Park.  The fence shall be comparable tot eh existing fence and will be set on concrete with bolts.

 

      (4)     The City will maintain the north ninety (90’) of the real estate conveyed to it in its present natural forested state.

 

      (5)     The foundation shall not be liable for damages of any kind, however caused, to the person or property of any other person including City, its agents, employees, invitees or any other third party while in or upon the Property.  The City will indemnify and hold harmless the Foundation from all such damages, including costs, expenses an attorney’s fees arising in connection with any claim for such damages made against the Foundation.

 

      (6)     The City shall maintain premises liability insurance for pool property naming the James Foundation as insured with a minimum single limit of liability coverage of TWO MILLION FIVE HUNDRED THOUSAND DOLLARD ($2,500,000) insuring against damage to personal property of and personal injury to third parties.  The City will provide the Foundation with a copy of the policy or certificate evidencing the existence of the policy at least annually or more frequently if the term of the policy is less than annual.  If the City fails to do so, the Foundation may procure and maintain the insurance required and the City shall immediately pay the Foundation for any premiums paid by the Foundation for this insurance.  The City appoints the Foundation as the City’s agent to communicate with and obtain information concerning the insurance required under this paragraph directly from the insurance carrier.  The insurance limits stated herein shall be increased not less often that each fifth anniversary of the hate hereof by multiplying such dollar limit by CPI Adjustment Factor as hereinafter defined.  As of any date of any relevant determination under this section, the “CPI Adjustment Factor” means the following faction:  CPI for the calendar month immediately preceding the date of determination/CPI for January 2010.  In no event shall the CPI Adjustment Factor be less than one.  For the purposes of this formula, “CPI” means the United States Department of Labor, Bureau of Labor Statistics “Consumer Price Index” for All Urban Consumers published for U.Sl City Average with a base of 1982-1984=100.  If the CPI ceases to be published, and there is no successor thereto, such other index shall be substituted as the Foundation shall determine, subject to the consent of the City, which consent shall not be unreasonably withheld.

 

      (7)     Maintenance or engineering components of the pool will be fenced off so as not to be visible from the St. James Park.

 

      (8)     The pool will be enclosed as required by applicable law.

 

      (9)     Pool drainage will comply with applicable law.  (Ord. 970; Amended by Ord. 977)

 

 

Sec. 25-163.7.    Convey property adjacent to the south end of the St. James High School football field to the St. James School District.

 

WHEREAS:  The St. James District passed a bond issue in the April 2013 election allowing for improvement of the school building and football field; and

 

WHEREAS:  The City of St. James owns a piece of property, not in use, located next to the school property being redeveloped; and

 

WHEREAS:  The City of St. James was approached by the St. James School District for the need of the property; and

 

WHEREAS:  The City of St. James City Council discussed and agreed that the St. James School District was in need of the property to help with the remodel.

 

Be it therefore ordained by the Mayor and City Council of the City of St. James, Missouri that the piece of property located adjacent to the south end of the St. James football field will now be turned over to the St. James School District allowing for further expansion and remodel within the St. James Schools.

(Ord. 1055)

 

ARTICLE III

ZONING

DIVISION 1.  GENERAL PROVISIONS

Sec. 25-164.  Short title.

        This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of the City of St. James, Missouri.  (Ord. 277, §1.)


Sec. 25-165.  Definitions.

        For the purpose of this Ordinance, certain terms and words are hereby defined:  (Ord. 277, §2.)

        Accessory buildings - A subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.  (Ord. 277, §2.1.)

        Accessory use - A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.  (Ord. 277, §2.2.)

        Alley - A public or private thoroughfare which affords only a secondary means of access to abutting property.  (Ord. 277, §2.3.)

        Basement - A story having part but not more than one-half of its height below grade.  A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.  (Ord. 277, §2.4.)

        Billboard - A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same lot.  (Ord. 277, §2.5.)

        Boarding house - See Lodging house.  (Ord. 277, §2.6.)

        Buildable width - The width of the lot left to be built upon after the side yards are provided.  (Ord. 277, §2.7.)

        Building/structure - The word "building" shall include the word "structure".  (Ord. 277, §2.)

        Building - Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.  When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.  (Ord. 277, §2.8.)

        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 roof.  (Ord. 277, §2.9.)

        Cellar - A story having more than one-half of its height below grade.  (Ord. 299, §2.10.)

        Clinic, medical - An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.  (Ord. 277, §2.11.)

        Dwelling - A building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels, boarding houses, or tourist homes.  (Ord. 277, §2.12.)

        Dwelling, multiple - A building designed for  or occupied exclusively by more than two families.  (Ord. 277, §2.15.)

        Dwelling, single-family - A building designed for or occupied exclusively by one family.  (Ord. 277, §2.13.)

        Dwelling, two-family - A building designed for or occupied exclusively by two families.  (Ord. 277, §2.14.)

        Dwelling unit - One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.  (Ord. 277, §2.16.)

        Family - One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization.  A family may include not more than two persons not related by blood, marriage, or adoption.  (Ord. 277, §2.17.)

        Farm - An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine.  The term "farming" includes the operation of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided, further, that farming does not include the feeding of collected garbage or offal to swine or other animals.  (Ord. 277, §2.18.)

        Filling station - Any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubrication motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.  (Ord. 277, §2.19.)

        Floor area - The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.  (Ord. 277, §2.20.)

        Frontage - All the property on one side of a street between two 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 side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.  (Ord. 277, §2.21.)

        Garage, private - A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.  (Ord. 277, §2.22.)

        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.  The term repairing shall not include the rebuilding, dismantling, or storage of wrecked or junked vehicles.  (Ord. 277, §2.23.)

        Grade - The average level of the finished surface of the ground for buildings more than five feet from a street line.  For buildings closer than five feet to a street line, the grade is the sidewalk elevation at the center of the building.  If there is more than one street, an average sidewalk elevation is to be used.  If there is no sidewalk, the city engineer shall establish the sidewalk grade.  (Ord. 277, §2.24.)

        Home occupation - Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate, or no display that will indicate from the exterior that the building is being utilized in whole or in part for nay purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic household purposes.  (Ord. 277, §2.25.)

        Hotel  - A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.  (Ord. 277, §2.26.)

        Institution - A building occupied by a non-profit corporation or a non-profit establishment for public use.  (Ord. 277, § 2.27.)

        Laundromat - A business that provides home-type washing, drying, or ironing machines for hire to be used by customers on the premises.  (Ord. 277, §2.28.)

        Large Sign - Larger than 32 sq/ft of sign surface area not inlcuding framing supports and constructed as allowed in Chapter 25, Division 10, Additional Height and Area Regulations. (Ord. 955)

        Lodging house - A building or place where lodging and boarding is provided (or which is equipped regularly to provide lodging and boarding by  prearrangement for definite periods), for compensation, for three or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients.  Includes nursing homes and homes for the aged and infirm.  (Ord. 277, §2.29.) 

        Lot - A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building together with its accessory buildings, open spaces and parking spaces required by this Ordinance, and having its principal frontage upon a street.  (Ord. 277, §2.30.)

        Lot, corner - A lot abutting upon two or more streets at their intersection.  (Ord. 277, §2.31.)

        Lot, depth of - The mean horizontal distance between the front and rear lot lines.  (Ord. 277, §2.32.)

        Lot, double frontage - A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.  (Ord. 277, §2.33.)

        Lot of record - A lot or parcel of land, the deed of which has been recorded in the office of the CountyRecorder of Phelps County, Missouri, prior to the adoption of this Ordinance.  (Ord. 277, §2.34.)

        Mobile home and Class B manufactured home  - A transportable structure intended for permanent occupancy as a residential unit, fabricated in a factory in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as amended and not subject to state or local construction codes, the ownership of which is conveyed by title, having a serial number, and having steel I-beams as part of the floor framing.  (Ord. 550)

                Class A manufactured home - A transportable structure intended for permanent occupancy as a residential unit, fabricated in a factory in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and having the following characteristics:

                The usable square footage of the manufactured home shall be at least equal to the average square footage of the conventionally built homes within 600 feet of the site on which the manufactured home is placed.

                Roof constructed using composition materials and having a minimum pitch on the main roof of two and one-half foot rise for each 12 feet of horizontal run and a minimum roof overhang of six inches per side.

                Having a width of no less than 30% of the length.

                Having exterior siding of a type, quality, and appearance customarily used on conventially built homes.

                Having all wheels, axles, hitch and other mechanisms for the purpose of transport removed and placed on and anchored, without the use of tie-down straps, to a permanent and complete foundation that has been constructed of materials and in a manner approved by the BOCA National Building Code as adopted by the Missouri Public Service Commission.

                Orientation on the lot conforming to the same orientation as the majority of conventionally built homes within 600 feet of the lot on which the home is situated.

                Having no provision for tie-downs.

                Having windows of the case or slide variety, and not the aluminum crank out type.

                Having stairs, porches, entrance platforms and other means of entrance and egress installed and constructed so as to be firmly attached to the primary structure and anchored securely to the ground.

                Having substantially the appearance, when installed, of an on-site, conventionally built, single or two-family dwelling.  (Ord. 550)

        Motel, motor court, motor lodge or tourist court - Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.  (Ord. 277, §2.35.)

        Nonconforming use - Any building or land lawfully occupied by a use at the time of passage of this Ordinance or amendment thereto which does not conform after the passage of this Ordinance or amendment thereto with the use regulation of the district in which it is situated.  (Ord .277, §2.36.)

        Number -  The singular number shall include the plural and the plural the singular.  (Ord. 277, §2.)

        Nursing home  - A home for the aged or infirm, in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions.  (Ord. 277, § 237.)

        Parking space, off-street - An area, enclosed, or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of an automobile.  (Ord. 277, §2.38.)

        Premises - A lot, together with all buildings and structures thereon.  (Ord. 277, §2.39.)

        Shall - The word "shall" is mandatory and not directory.  (Ord. 277, §2.)

        Sign - An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.  (Ord. 277, §2.40.)

        Story - That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.  (Ord. 277, §2.41.)

        Story, half - A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use.  A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.  (Ord. 277, §2.42.)

        Street - A public way which affords the principal means of access to abutting property.  (Ord. 277, §2.43.)

        Structure - Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and including but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.  (Ord. 277, §2.44.)

        Structural alteration - Any change except those required by law or Ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.  (Ord. 277, §2.45.)

        Tense - Words used in the present tense shall include the future.  (Ord. 277, §2.)

        Trailer or mobile home park - An area where two or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one or  more families.  (Ord. 277, §2.46.)

        Yard - An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Ordinance.  (Ord. 277, §2.47.)

        Yard, front - A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.  (Ord. 277, §2.48.)

        Yard, rear - A yard extending the full width of the lot between a main building and the rear lot line.  (Ord. 277, §2.49.)

        Yard, side - A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.  (Ord. 277, §2.50.)


Secs. 25-166 to 25-170.  Reserved.


DIVISION 2.  DISTRICTS AND

GENERAL REQUIREMENTS


Sec. 25-171.  Establishing 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 use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City is hereby divided into districts of which there shall be seven in number known as:

        “R-1S”-          Single Family Residential District;

        “R-1” -            Single Family Duplex Residential District;

        “R-2” -            Residential District (Multi-Family);

        “B-1” -            Neighborhood Business District;

        “B-2” -            Central Business District;

        “I-1” -             Light Industrial District;

        “I-2” -             Heavy Industrial District;

(Ord. 277, §3; Ord. 308; Ord. 658)


Sec. 25-172.  Official zoning districts map.

        The boundaries of these districts are shown upon the "District Map"  which accompanies and is made a part of this Ordinance.  Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein.  The original of this is properly attested and is on file with the city clerk.  (Ord. 277, §3.)


Sec. 25-173.  Interpretation of district boundaries.

        Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map, the following rules shall apply:

        (1)   Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the District Map, then the actual location shall control.

        (2)   Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

        (3)   Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemd to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.

        (4)   Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.

        (5)   In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on such map.  (Ord. 277, §3.)


Sec. 25-174.  Annexed territory.

        All territory which may hereafter be annexed to the City of St. James shall be classified in the "R-1" Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 25-280 of this Ordinance.  (Ord. 277, §3.)


Sec. 25-175.  Street vacations.

        Whenever any street or other public way is vacated by official action of the City of St. James, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.  (Ord. 277, §3.)


Sec. 25-176.  Conformance with regulations.

        Except as hereinafter provided:

        (1)   No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.

        (2)   No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.

        (3)   The minimum yards and other open spaces including lot areas per family required by this Ordinance shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing at the time of passage of this Ordinance or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.

        (4)   Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this Ordinance.  (Ord. 277, §3.)


Secs. 25-177 to 25-180.  Reserved.


DIVISION 3.1  "R-IS" RESIDENTIAL

DISTRICT REGULATIONS


Sec. 25-181. Regulations.

        (a)       General - The regulations Set forth in this Section shall govern areas in the City designated as “R-lS” Residential Districts.

        (b)       Use regulations - A building or premises shall be used only for the following purposes:

 (1)      Single-family dwellings, but not including Mobile homes, Class A Manufactured Homes and class B Manufactured Homes.

 (2)      Churches.

 (3)      Public buildings, parks, playgrounds and community centers.

 (4)      Public schools, and private schools having a curriculum substantially similar to public schools, and having no rooms regularly used for housing and sleeping rooms.

 (5)      Home occupations.

 (6)      Golf courses, except miniature golf courses or practice driving tees operated for commercial purposes.

 (7)      Temporary buildings, the use of which is incidental to construction or sale of lots during development being conducted on the same or adjoining tracts or which shall be removed, after the completion of construction, or upon expiration of two years from the time of erection, whichever is sooner.

 (8)      Accessory buildings and uses including private garages, guest houses, swimming pools, home barbecue grills, and church bulletin boards.

        (c)       Parking regulations - Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 25-247.

        (d)       Height regulations - No building shall exceed two and one-half stories nor shall it exceed 35 feet in height except as provided in Chapter 25, Article III, Division 10.

        (e)       Area regulations - Subject to the modifications set out in Chapter 25, Article III, any structure erected shall not be closer to the specified lot lines than Set out below:

 (1)      From the lot line facing the public street, not less than 25 feet.

 (2)      From the side lot line, not less than seven feet.

 (3)      From the rear lot line, not less than 20 feet.

 (4)      From a side lot facing a public street, not less than 12 1/2 feet.

        (f)        Minimum lot area – A lot occupied by a single family dwelling shall contain not less that 7,200 square feet, and shall not be less than 60 feet in width.  A lot occupied by any other use allowed in “R-1” Residential District shall contain not less than 12,000 square feet, and shall not be less than 90 feet in width.  (Ord. 277, §4; Ord. 549; Ord. 658)


ARTICLE III

ZONING

DIVISION 3.  "R-1" RESIDENTIAL

DISTRICT REGULATIONS


Sec. 25-182.  Regulations.

        (a)   General- The regulations set forth in this Section shall govern areas in the City designated as "R-1" Residential Districts.

        (b)   Use regulations- A building or premises shall be used only for the following purposes:

                (1)   Single-family dwellings, including Class A Manufactured Homes, but not including Mobile homes and class B Manufactured Homes.

                (2)   Two-family dwellings, including Class A Manufactured Homes, but not including Mobile homes and Class B Manufactured Homes.

                (3)   Churches.

                (4)   Public buildings, parks, playgrounds and community centers.

                (5)   Public schools, and private schools having a curriculum substantially similar to public schools, and having no rooms regularly used for housing and sleeping rooms.

                (6)   Home occupations.

                (7)   Golf courses, except miniature golf courses or practice driving tees operated for commercial purposes.

                (8)   Temporary buildings, the use of which is incidental to construction or sale of lots during development being conducted on the same or adjoining tracts or subdivisions, and which shall be removed, after the completion of construction, or upon expiration of two years from the time of erection, whichever is sooner.

                (9)     Accessory buildings and uses including private garages, guest houses, swimming pools, home barbecue grills, and church bulletin boards.

        (c)   Parking regulations- Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 25-247.  (Ord. 277, §4.)

        (d)   Height regulations- No building shall exceed two and one-half stories nor shall it exceed 35 feet in height except as provided in Chapter 25, Article 3, Division 10.  (Ord. 277, §4.)

        (e)   Area regulations- Subject to the modifications set out in Chapter 25, Article 3, any structure erected shall not be closer to the specified lot lines than set out below:

                      (1)     From the lot line facing the public street, not less than 30 feet.

                      (2)     From the side lot line, not less than seven feet.

                      (3)     From the rear lot line, not less than 30 feet.

        (f)    Minimum lot area- A lot occupied by a single family dwelling shall contain not less than 7,200 square feet, and shall not be less than 60 feet in width.  A lot occupied by a two family dwelling shall contain not less than 9,000 square feet, and shall not be less than 75 feet in width.  A lot occupied by any other use allowed in "R-1" Residential District shall contain not less than 12,000 square feet, and shall not be less than 90 feet in width.  (Ord. 277, §4; Ord. 549.)


Secs. 25-183 to 25-187.  Reserved.


DIVISION 4.  "R-2" MULTI-FAMILY

RESIDENTIAL DISTRICT REGULATIONS


Sec. 25-188.  Regulations.

        (a)   Use regulations- A building or premises shall be used only for the following purposes:

                (1)   Any use permitted in "R-1".

                (2)   Multiple family dwellings.  (Ord. 308)

        (b)   Parking regulations- Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 25-248.  (Ord. 308.)

        (c)   Height regulations- No building shall exceed two and one-half stories nor shall it exceed 35 feet in height except as provided in Chapter 25, Div. 10.  (Ord. 308.)

        (d)   Area regulations-

                (1)   Subject to the modifications set out in Chapter 25, Div. 10 the yard regulations are as follows:

                        (A)  Front yard- There shall be a front yard of not less than 30 feet.

                        (B)   Side yard- There shall be a side yard on each side of a lot of not less than 7 feet.

                        (C)   Rear yard- There shall be a rear yard of not less than 30 feet.

                (2)   No minimum lot area.  (Ord. 308.)


Secs. 25-189 to 25-193.  Reserved.


ARTICLE III

ZONING

DIVISION 5.  "B-1" NEIGHBORHOOD

BUSINESS DISTRICT REGULATIONS


Sec. 25-194.  Regulations.

        (a)   General- The regulations set forth in this Section or set forth elsewhere in this Ordinance, when referred to in this Section, are the regulations in the "B-1" Neighborhood Business District.

        (b)   Use regulations- A building or premises shall be used only for the following purposes:

                (1)   Any use permitted in the "R-1" Residential District.

                (2)   Automobile parking lots.

                (3)   Bowling alleys, dance halls, or skating rinks.

                (4)   Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, dry cleaning and pressing, and bakery with sale of bakery products on the premises and other uses of a similar character.

                (5)   Farm implements, sale or repair.

                (6)   Funeral homes or mortuaries.

                (7)   Hotels, motels, and nursing homes.

                (8)   Offices and office buildings.

                (9)   Automotive sales, public garages, and automobile repair shops.

                (10)   Outdoor advertising structure or non-flashing sign pertaining only to a use conducted within the building, and any sign or display in excess of thirty (30) square feet in area shall be attached flat against a wall of the building and in no case shall any sign or display project above the roof line.

                (11)   Personal service uses, including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants, and other personal service uses of a similar character.

                (12)   Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store.

                (13)   Self-service laundries and dry cleaning establishments.

                (14)   Filling stations.

                (15)   Theaters, drive-in theaters and assembly halls.

                (16)   Accessory buildings and uses.  (Ord. 277, §5.)

                (17)   Self storage warehouses.  (Ord. 648, §2)

        (c)   Parking regulations  -  Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 25-247.  (Ord. 277, §5.)

        (d)   Height regulations- The height regulations are the same as those in the "R-1" Residential District.  (Ord. 277, §5.)

        (e)   Area regulations-

                (1)   Yards.

                        (A)  The front and rear yard regulations are the same as those in the "R-1" Residential District.

                        (B)   The side yard regulations for dwellings are the same as those in the "R-1" Residential District.  No side yards for commercial buildings are required except on the side of a lot abutting an "R-1" District, in which event a side yard of not less than seven feet shall be provided.

                (2)   Minimum lot area.  The minimum lot area requirements are the same as those in the "R-1" Residential District.  (Ord. 277, §5.)


Secs. 25-195 to 25-199.  Reserved.


DIVISION 6.  "B-2" CENTRAL

BUSINESS DISTRICT REGULATIONS


Sec. 25-200.  Regulations.

        (a)   General- The regulations set forth in this Section or set forth elsewhere in this Ordinance, when referred to in this Section are the regulations in the "B-2" Central Business District.

        (b)   Use regulations- A building or premises shall be used only for the following purposes:

                (1)   Any use permitted in the "B-1": Neighborhood Business District.

                (2)   Multiple family residences.

                (3)   Boarding and lodging houses.

                (4)   Private clubs and lodges.

                (5)   Hospitals or clinics for small animals, dogs, cats, birds and the like.

                (6)   Laboratories, research, experimental or testing.

                (7)   Wholesale merchandising or storage warehouses.

                (8)   General service and repair establishments including dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstering or tinsmithing.

                (9)   Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.

                (10)   Outdoor advertising sign or structure.

                (11)   Accessory buildings and uses.  (Ord. 277, §5.)

        (c)   Parking regulations- Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 25-247.

        (d)   Height regulations- No building shall exceed six stories nor shall it exceed 75 feet in height except as provided in Chapter 25, Div. 10.  (Ord. 277, §6.)

        (e)   Area regulations-

                (1)   Yards.  No yards are required.

                (2)   Minimum lot area.  The minimum lot area requirements are the same as those in the "R-1" Residential District, with the exception that a lot occupied by a multiple dwelling with three or more dwelling units, shall contain not less than 1,500 square feet for each dwelling unit and shall not be less than 60 feet in width.  (Ord. 277, §6.)


Secs. 25-201 to 25-205.  Reserved.


DIVISION 7.  "I-1" LIGHT

 INDUSTRIAL DISTRICT REGULATIONS


Sec. 25-206.  Regulations.

        (a)   General- The regulations set forth in this Section or set forth elsewhere in this Ordinance, when referred to in this Section are the regulations in the "I-1" Light Industrial District.

        (b)   Use regulations- A building or premises shall be used only for the following purposes:

                (1)   Any use permitted in the "B-2" Central Business District.

                (2)   Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

                (3)   Manufacture or assembly or medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games, and electrical or electronic apparatus.

                (4)   Manufacture or assembly of boats, bolts, nuts, screws, and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheetmetal products and vitreous enameled metal products.

                (5)   Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

                (6)   Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles and fibers into fabric goods.

                (7)   Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.

                (8)   Generally those light manufacturing uses similar to those listed in items 2 to 7 above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat, or glare than that which is generally associated with light industries of the type specifically permitted.

                (9)   Accessory buildings and uses.  (Ord. 277, §7.)

        (c)   Parking regulations- Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 25-247.  (Ord. 277, §7.)

        (d)   Height regulations  - The height regulations are the same as those in the "B-2" Central Business District.

        (e)   Area regulations- The area regulations are the same as those in the "B-1" Neighborhood Business District.  (Ord. 277, §7.)


Secs. 25-207 to 25-211.  Reserved.

DIVISION 8.  "I-2" HEAVY

INDUSTRIAL DISTRICT REGULATIONS

Sec. 25-212.  Regulations.

        (a)   General- The regulations set forth in this Section or set forth elsewhere in this Ordinance when referred to in this Section are the regulations in the "I-2" Heavy Industrial District.

        (b)   Use regulations- Any building or premises may be used for any purpose not in conflict with any Ordinance of St. James, regulating nuisances or laws of the State of Missouri; provided, however, that no building shall be erected, converted, reconstructed or structurally altered for church, library, school, hospital, or residential purposes, except for resident watchmen and caretakers employed on the premises and except for farms; provided, that no building or occupancy permit shall be issued for any of the following uses or manufacture, compounding, processing, packaging or treatment of the following products until and unless the location of such use shall have been approved by the city council after public hearing and report by the city planning commission as provided in Division 12, Article III of Chapter 25.  The Council shall review the plans and statements and shall not permit such buildings, structures, or uses until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons.  The Council in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety:

Chemicals, Petroleum, Coal, and Allied Products

Acid and derivatives

Acetylene

Ammonia

Carbide

Caustic soda

Cellulose and cellulose storage

Chlorine

Coke oven products (including fuel gas) and coke oven products storage

Cresote

Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones

Explosives (including ammunition and fireworks) and explosives storage

Fertilizer (organic)

Fish oils and meal

Glue, gelatin (animal)

Hydrogen and oxygen

Lamp black, carbon black and bone black

Nitrating of cotton or other materials

Nitrates (manufactured and natural) of an explosive nature, and storage

Petroleum, gasoline and lubricating oil refining, and wholesale storage

Plastic materials and synthetic resins

Potash

Pyroxylin

Rendering and storage of dead animals, offal, garbage, or waste products

Turpentine and resin

Wells, gas and oil

Clay, Stone, and Glass Products

Brick, firebrick, refractories and clay products (coal fired)

Cement, lime, gypsum, or plaster of Paris

Minerals and earths:  quarrying, extracting, grinding, crushing and processing

Food and Beverage

Fat rendering

Fish curing, packing and storage

Slaughtering of animals

Starch manufacture

Metals and Metal Products

Aluminum powder and paint manufacture

Blast furnace, cupolas

Blooming mill

Metal and metal ores, reduction, refining, smelting and alloying

Scrap metal reduction or smelting

Steel works and rolling mill (ferrous)

Wood and Paper Products

Match manufacture

Wood pulp, and fiber, reduction and processing

Unclassified Industries and Uses

Hair, hides and raw fur, curing, tanning, dressing, dyeing, and storage

Stockyards

Junk yards and auto wrecking yards, provided that a solid fence six (6) feet in height will be constructed around the perimeter of the area and that the storage for junk or parts will not exceed the height of the fence.  (Ord. 277, §8.)

        (c)   Parking regulations- Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 25-247.  (Ord. 277, §8.)

        (d)   Height regulations- The height regulations are the same as those in the "B-2" Central Business District.  (Ord. 277, §8.)

        (e)   Area regulations- The front, side, and rear yard regulations are the same as those in the "B-1" Neighborhood Business District.  (Ord. 277, §8.)


Secs. 25-213 to 25-217.  Reserved.


DIVISION 9.  NONCONFORMING USES


Sec. 25-218.  Existing nonconforming uses.

        The lawful use for a building existing at the time of the adoption of this Ordinance may be continued even though such use does not conform with the provisions hereto.  If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use for the same or more restricted classification.  The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed.  Whenever a nonconforming 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. 277, §9.)


Sec. 25-219.  Damaged structures.

        No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 65 percent of its assessed value, shall be restored except in conformity with the regulations of this Ordinance.  (Ord. 277, §9.)


Sec. 25-220.  Discontinued nonconforming use.

        In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of three years, the use of the same shall thereafter conform to the regulations of the district in which it is located.  (Ord. 277, §9.)


Sec. 25-221.  Extension of nonconforming use.

        A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of this Ordinance or to any affecting amendments thereof.  (Ord. 277, §9.)


Secs. 25-222 to 25-226.  Reserved.


DIVISION 10.  ADDITIONAL

HEIGHT AND AREA REGULATIONS


Sec. 25-227.  General.

        The district regulations hereinafter set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Ordinance.  (Ord. 277, §10.)



Sec. 25-228.  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 60 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.  (Ord. 277, §10.)


Sec. 25-229.  Chimneys, etc.

        Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.


Sec. 25-230.  Accessory buildings.

        Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than 30 percent of a required rear yard and shall not be nearer than two feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than 10 feet to the alley line.  If a garage is located closer than 10 feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.  (Ord. 277, §10.)

        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 entirely on the premises.  (Ord. 277, §10.)


Sec. 25-231.  Yard to remain open.

        Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices, and ornaments, and features which are not to exceed 12 inches.  (Ord. 277, §10.)


Sec. 25-232.  Basement or cellar.

        No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.  (Ord. 277, §10.)


Sec. 25-233.  Fire escapes, etc.

        Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the city engineer for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.  (Ord. 277, §10.)


Sec. 25-234.  Porch, etc.

        An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding 10 feet.  An unenclosed vestibule containing not more than 40 square feet may project into a front yard for a distance not to exceed four feet.  (Ord. 277, §10.)

        Paved terraces, uncovered porches, platforms, and ornamental features which extend more than three feet above the floor level of the ground story may project into a required yard, provided these projections be distance at least two feet from the adjacent side lot line.  (Ord. 277, §10.)


Sec. 25-235.  Multiple dwelling units.

        For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.   (Ord. 277, §10.)


Sec. 25-236.  Multiple buildings.

        Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one 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.  (Ord. 277, §10.)

        In the event that a lot is to be occupied by a group of two or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one main building on the lot; provided, however, that the open spaces between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three or four-story buildings.  (Ord. 277, §10.)


Sec. 25-237.  Open space.

        Where an open space is more than 50 percent surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three or four-story buildings.  (Ord. 277, §10.)


Sec. 25-238.  Residential units in commercial structures.

        No side yards are required where dwelling units are erected above commercial and industrial structures.  (Ord. 277, §10.)


Sec. 25-239.  Double frontage.

        Where lots have double frontage, the required front yard shall be provided on both streets.  (Ord. 277, §10.)


Sec. 25-240.  Corner lots.

        The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street.  (Ord. 277, §10.)


Sec. 25-241.  Lot of record.

        Whenever a lot at the effective date of this Ordinance has a width of less than 60 feet, the side yards may be reduced to a width of not less than 10 percent of the width of the lot, but in no instance shall it be less than five feet.  (Ord. 277, §10.)


Sec. 25-242.  Special yards adjustment.

        The front yards heretofore established shall be adjusted in the following cases:

        (a)   Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is developed with two or more buildings that have (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.

        (b)   Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required, then:

                (1)   Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side, or

                (2)   Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.  (Ord. 277, §10.)


Secs. 25-243 to 25-247.  Reserved.


DIVISION 11.  OFF-STREET

PARKING REGULATIONS


Sec. 25-248.  Parking regulations.

        No building shall be erected, enlarged to the extent of increasing the floor area by as much as 50 percent, or changed in use unless there is provided on the lot, space for the parking of automobiles or trucks in accordance with the following minimum requirements:

        (1)   Bowling alley: five parking spaces for each alley.

        (2)   Business, professional or public office building, studio, bank, medical or dental clinic:  three parking spaces plus one additional parking space for each 400 square feet of floor area over 1,000.

        (3)   Church:  one parking space fore each eight seats in the main auditorium.

        (4)   College or school:  one parking space for each eight seats in the main auditorium or three spaces for each classroom, whichever is greater.

        (5)   Community center, library, museum or art gallery:  ten parking spaces plus on additional space for each 300 square feet of floor area in excess of 2,000 square feet.

        (6)   Dwellings:  one parking space for each dwelling unit.

        (7)   Hospital, sanitarium, home for the aged, or similar institutions: one parking space for each four beds.

        (8)   Hotel:  one parking space for each three sleeping rooms or suites plus one space for each 200 square feet of commercial floor area contained therein.

        (9)   Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment:  one parking space for every two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

        (10)   Mortuary for funeral home:  one parking space for each 50 square feet of floor space in slumber rooms, parlors and individual funeral service rooms.

        (11)   Private club or lodge:  one parking space for every 10 members.

        (12)   Restaurant, night club, cafe, or similar recreation or amusement establishment:  one parking space for each 100 square feet of floor area.

        (13)   Retail store or personal service establishment:  one parking space for each 200 square feet of floor area.

        (14)   Rooming or lodging house:  one parking space for each two sleeping rooms.

        (15)   Sports arena, stadium or gymnasium (except school):  one parking space for each five seats or seating spaces.

        (16)   Theater or auditorium (except school):  one parking space for each five seats or bench seating spaces.  (Ord. 277, §11.)


Secs. 25-249 to 25-253.  Reserved.


DIVISION 12.  SPECIAL USES


Sec. 25-254.  Special use permit.

        (a)   The city council of St. James may, by special permit, after public hearing before the council, after study and report by the city planning commission and subject to such reasonable conditions and protective restrictions as are deemed necessary, authorize the following special uses in any district from which they are otherwise prohibited:

                (1)   Cemetery or mausoleum on sites of not less than 20 acres.

                (2)   Greenhouse or nursery.

                (3)   Hospital, animal hospital for small pets, clinic or institution not primarily for the mentally ill or those with contagious diseases, provided that less than 40 percent of the total land area is occupied by buildings and that all the required yards are increased by one foot for each foot of building height in excess of height limits specified in this Ordinance.

                (4)   Landing field or strip for aircraft.

                (5)   Nursery school.

                (6)   Commercial radio tower or broadcasting station.

                (7)   Removal of gravel, topsoil or similar natural materials, with safeguards for the protection of adjoining property and the community as a whole.

                (8)   Riding stable.

                (9)   Sanitary fill for the disposal of garbage or trash.

                (10)   Trailer or mobile home park, permanent or temporary; provided:

                        (A)  That access to the trailer park shall be from an arterial highway or secondary thoroughfare, that number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no trailer space shall be designed for direct access to a street outside the boundaries of the trailer park and that the interior access drives shall be at least 20 feet in width.

                        (B)   The minimum area for a trailer site for parking one trailer shall be 1,400 square feet, with minimum dimensions, 35 by 40, with corners of each site visibly marked by a permanent marker.

                        (C)   In addition to the requirement of (B) above, the trailer park or mobile home park shall contain at least 1,000 square feet per trailer for community facilities, including play space, utility rooms, parking and access roads.

                        (D)  The trailer park or mobile home park shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage with an arterial highway and 25 feet wide along all other lot lines or street frontage.

                        (E)   No trailer shall be parked closer than 25 feet to any other trailer or service building and no part of a trailer shall extend closer than five feet to the boundaries  of the individual trailer site.

                        (F)   Off-street parking spaces for automobiles shall be provided in the ratio of one space per trailer in locations convenient to individual trailers or groups of trailers.

                        (G)   In a residential district, accessory signs, in addition to internal directional signs, shall be limited to one flat or detached, illuminated sign, with sign area limited to 25 square feet.

                        (H)  Proper provision shall be made for public water supply, sanitary sewers, fire protection, refuse collection, laundry, toilet and bathing facilities.

                        (I)    The proposed trailer park shall comply with all provisions of this Chapter and state and local laws and regulations.

                (11)   Certain heavy industrial uses as listed in Section 25-211.  (Ord. 277, §12.)


Secs. 25-255 to 25-259.  Reserved.


DIVISION 13.  BOARD OF ADJUSTMENT


SUBDIVISION 1.  GENERALLY

Sec.  25-260.  Board created.

        A board of adjustment is hereby created.  (Ord. 277, §13.)


Sec. 25-261.  Membership, terms.

        The board shall consist of five members appointed by the mayor and approved by the city council, each to be appointed for a term of five years, excepting that when the board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year.  (Ord. 277, §13.)


Sec. 25-262.  Vacancy.

        Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.  (Ord. 277, §13.)


Sec. 25-263.  Removal.

        Members shall be removable for cause by the mayor and council upon written charges and after public hearing.  (Ord. 277, §13.)


Sec. 25-264.  Rules of business, records.

        The board of adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.  Meetings of the board shall be held at the call of the Chairman and at such other times as the board may determine.  Each session of the board of adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City, at least one time seven days prior to the meeting.  (Ord. 277, §13.)


Secs. 25-265 to 25-269.  Reserved.


SUBDIVISION 2.  POWERS OF THE BOARD


Sec. 25-270.  Powers in general.

        An appeal may be taken to the board of adjustment by any person, group or organization, public or private, affected by a decision of the city engineer.  Such appeal shall be taken within such time as prescribed by the board by general rule, by filing with the city engineer a notice of appeal specifying the grounds thereof.  A fee of ten ($10.00) dollars shall accompany all notices of appeals.  The city engineer shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.  (Ord. 277, §13.)


Sec. 25-271.  Specific powers.

        The board of adjustment shall have the following powers:

        (a)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the city engineer in the enforcement of this Ordinance, and may affirm or reverse, in whole or part, said decision of the enforcement officer.

        (b)   To hear requests for variances from the literal provisions of the Zoning Ordinance in instances where strict enforcement of the Zoning Ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Ordinance.  The board of adjustment shall not permit, as a variance, any use in a district that is not permitted under the ordinance.  The board of adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

        (c)   To hold public hearings on, and decide the following exceptions to or variations of this Ordinance.

                (1)   To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Ordinance.

                (2)   Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on this map.

                (3)   Permit reconstruction of a nonconforming building otherwise prohibited by Chapter 25, Div. 9, where such action would not constitute continuation of a monopoly.

                (4)   Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Ordinance would prevent a reasonable or sensible arrangement of buildings on the lot.

                (5)   Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Ordinance, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.  (Ord. 277, §13.)


Sec. 25-272.  Appeal of decisions of the board.

        Decision of the board in respect to the above shall be subject to appeal to the DistrictCourtofPhelpsCounty within 30 days after the filing of the decision in the Office of the board.  (Ord. 277, §13.)


Secs. 25-273 to 25-277.  Reserved.


DIVISION 14.  ENFORCEMENT,

APPLICATIONS AND PERMITS


Sec. 25-278.  Enforcement.

        It shall be the duty of the person designated by the mayor as city engineer to administer and enforce the regulations contained herein.  (Ord. 277, §14.)


Sec. 25-279.  Certificate of occupancy.

        Subsequent to the effective date of this Ordinance no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the city engineer.  Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Ordinance.  No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued.  A record of all certificates of occupancy shall be kept on file in the office of the city engineer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.  (Ord. 277, §14.)


Sec. 25-280.  Amendments - General.

        The city council 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 first be submitted to the city planning commission for its recommendations and report.  If the city planning commission makes no report within thirty days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.  Upon the filing of the recommendations and report by the city planning commission with respect to any proposed amendment, supplement, change, modification or repeal, the city council shall proceed to hold a public hearing in relation thereto, giving at least fifteen days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of St. James.  (Ord.
277, §15.)


Sec. 25-281.  Amendment - In case of protest.

        In case of an adverse report by the city planning commission, or if 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 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 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 of all the members of the city council.  (Ord. 277, §15.)


Sec. 25-282.  Violation and penalty.

        The owner or agent of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten ($10.00) dollars and not more than one hundred ($100.00) dollars for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred ($100.00) dollars nor more than two hundred fifty ($250.00) dollars 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.  Any such person, having been served with an order to remove any such violation, failing to comply with said order within ten days after such notice or continuing to violate any provision of the regulations made under authority of this Ordinance in the respect named in such order, shall be subject to a civil penalty of two hundred fifty ($250.00) dollars.  (Ord. 277, §16.)


Sec. 25-283.  Severability.

        If any Section, Subsection, Sentence, Clause or Phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.  (Ord. 277, §17.)


Secs. 25-284 to 25-288.  Reserved.


DIVISION 15.  REMOVAL OF

RESTRICTIONS - CHANGES BY PETITION

Sec. 25-289.     Revoking restrictions on accessory buildings in the Valley View Subdivision Number One (1) of the Valley View Addition to the city.

        (a)   Whereas a petition has been presented to the city councilmen, signed by all the property owners of the Valley View Subdivision Number One (1) requesting the removal of the restrictions barring the construction of storage sheds and unattached garages, and

        (b)   Whereas the city of St. James Council of Aldermen has the authority to revoke restrictions when requested by all the property owners of the subdivision.

        Therefore, on October 7, 1985 in a regular meeting of the city council by the unanimous vote of the council the restrictions were removed, obligating the property owners to the zoning regulations of the city of St. James, Missouri.  (Ord. 452, §§1-2; 10-7-85.)


Secs. 25-290 to 25-299.  Reserved.


DIVISION 16.  AMENDMENTS

TO THE OFFICIAL ZONING DISTRICTS MAP

Sec. 25-300.  Extending the boundaries of the "R-2" Multi-Family District easterly and westerly.

        That the Zoning Ordinance No. 277 and the Zoning Ordinance No. 308, chapter 25 of the Code of the City of St. James, Missouri, which said zoning ordinances adopt zoning regulations, use districts and a zoning map in accordance with a comprehensive         plan, be and the same are hereby amended by changing the zoning and classification of the following property situated within the City of St. James, Missouri, and described as follows:

                All the property between Oak Street and the west line of Section 19 Township 38 North, Range 6 West in the City of St. James, Missouri, and lying between the James Boulevard on the North and the Springfield Road on the South.

                to extend the present zoning boundaries of the "R-2" Multi-Family Residential District easterly and westerly to include the above tract of land as described.  (Ord. 464, §1; 12-1-86.)

Sec. 25-301.     Changing the zoning classification of Ridgemont Acres Subdivision from its present zoning status of "R-1" Residential District to "R-2" Multi-Family Residential District.

        Whereas, Darel James has presented a request to change Ridgemont Acres from a residential one zone to a residential two zone, and,

        Whereas, this subdivision is more specifically described as a fractional part of the northeast quarter of section 29, township 38 N, Range 6W and borders on the eastern city limits of the city and on Highway DD (Boys Town Rd.) 26 acres M/L, and,

        Whereas, the area offers possibilities for multiple housing, a development that would more economically utilize the physical features of the land surface.

Be it therefore resolved that this request be granted allowing the requested change.  (Ord. 486; 12-5-88.)


Sec. 25-302.  Changing the zoning status of a portion of Rosemary Heights Subdivision.

        WHEREAS: Mike Hoffstetter, President of the Rosemary Development Corporation, has presented a request for changing the zoning of lots four through lot 17 inclusive, from an R-1 to a B-2 zone, and

        WHEREAS: this change is justified because of the potential growth of this community, and

BE IT THEREFORE RESOLVED THAT THE REQUEST BE GRANTED ALLOWING THE CHANGE.  (Ord. 490)


Sec. 25-303.  Changing the zoning status of a part of the Big Prairie Addition from R-1 to B-1.

        WHEREAS: Mrs. James Dillon, J.R. Dillon, Kimberly D. Boyer and Kristina M. Dillon, proprietors of a tract of land lying north of the North Outer Road and a tract of land owned by the Assembly of God Church, Proprietor of another portion of the same                 addition have requested a change in zoning from R-1 to B-1, and

        WHEREAS: the request if approved would extend an already existing B-1 zone, and

        WHEREAS: the tract requested by Mrs. Dillon and children is very suitable for commercial development.

BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.

DONE THIS 6TH DAY OF NOVEMBER, 1989.  (Ord. 497)

Sec. 25-304.     Changing the zoning status of a portion of the Big Prairie Addition which lies south of Highway I-44 from a R-1 zone to a B-1 zone.

        WHEREAS: Mr. Dan Finney, Sr. proprietor of a part of the Big Prairie Addition, formerly owned by Mrs. Rosemary Dillon and her children, has requested the rezoning of a portion of the big Prairie Addition from a residential-one zone to a business-one zone and;

        WHEREAS: the portion involved in the rezoning lies south of and fronts on I-44, and;

        WHEREAS: the portion requested for rezoning because of its proximity to Highway 44 offers advantages of a commercial nature to the proprietor.

BE IT THEREFORE RESOLVED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.

DONE ON THIS 5TH DAY OF FEBRUARY, 1990.  (Ord. 500)

Sec. 25-305.     Changing the zoning status of a small area adjacent to an area zoned B-1 in the Big Prairie Addition.

        WHEREAS: Mr. Daniel P. Finney, Sr. proprietor of an area fronting on I-44 in Big Prairie Addition has requested the rezoning of a small tract of land adjacent to the land he owns and which is zoned B-1 described as: All that part of Lots 163, 164, 165 and 166 of the Reitz Subdivision in the SW 1/4 of Section 19, Township 38 North, Range 6 West, Phelps County, Missouri, and

        WHEREAS: The small tract of less than one half acre, which he recently acquired from the State Highway Department, has no possibility of development in its present zone, and

        WHEREAS: His request of zoning it B-1 is reasonable and justified and the rezoning has been approved by the Planning and Zoning Board.

be it therefore resolved that the change in zoning be allowed, authorizing the mayor to authorize its approval.

        DONE THIS 4TH DAY OF MARCH 1991.  (Ord. 508)

Sec. 25-306.     Changing the zoning of a tract of land adjacent to two areas zoned B-1 and B-2 located in Block 50 of the Pace's Third Additions.

        WHEREAS: Mr. and Mrs. William Chambers have requested a change in the zoning from R-1 to B-1 of a tract of land which they own lying in Block 50 of the Pace's Third addition, more specifically described as:

Part of Block Fifty (50) in Pace's Third Addition bordered by Meramec Street on the West running Northerly and Southerly, the alley way on the South running East and West and by an alley way on the East running Northerly and Southerly and by a drainage ditch on the North running East and West, and

        WHEREAS: This tract is adjacent to two business zones, one on the East side and one on the North side of the tract, and

        WHEREAS: The location of the tract which is near an improved State Highway is very suitable for commercial development, now

BE IT THEREFORE RESOLVED THAT THE CITY COUNCIL APPROVE A CHANGE IN THE ZONING ON THIS 29TH DAY OF AUGUST, 1994, AUTHORIZING THE MAYOR TO SIGN THE ORDINANCE.  (Ord. 547)

Sec. 25-307.     Changing the zoning status of a portion of land owned by Alma Lee Verkamp, named Verkamp 5th Addition on the preliminary plan, located on the North side of Sidney St. and East of the Forest City Development from Light Industry to Residential One (Survey #R7042).

        Whereas, Alma Lee Verkamp has requested the rezoning of her land located on Sidney St. in the E 1/2, SW 1/4 of Section 17, Township 38, Range 6, Lots 1 through 27, Verkamp 5th Addition, and

        Whereas, the Planning and Zoning Committee find no just cause as to why it should not be rezoned.

Be it therefore resolved that the change in zoning be allowed and authorize the mayor to sign its approval.  (Ord. 564; Ord. 575)

Sec. 25-308.     Changing the zoning of a portion of land owned by Jimmie Wayne White located on the North side of East Springfield Street and immediately West of the existing Parker Ready-Mix Plant from Residential to I-2 Heavy Industry.

        Whereas: Mr. Jimmie Wayne White, the present property owner, has requested the rezoning of a portion his land located at 215-219 East Springfield St. in a portion of Block 14 of Gorman’s addition, and

        Whereas: Mr. David Parker, owner-operator of Parker Ready-Mix and proposed owner of the property, subject to approval of this rezoning request, has submitted plans to expand the Parker Ready-Mix Plant approximately 120 feet to the West of the         present ready-mix plant, and

        Whereas: The Planning and Zoning Committee finds no just cause as to why it should not be rezoned.

Be it therefore resolved that the change in zoning be allowed and authorize the mayor to sign its approval.  (Ord. 573)

Sec. 25-309.     Changing the zoning status of Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 3 in the Loverkamp Highlands subdivision from R-1 to B-1.

        Whereas: Mr. Kenneth B. Hendricks, owner of above described property, has requested the rezoning of his land on Sidney Street, and

        Whereas: The property on the North and West of this property is zoned B-1, and

        Whereas: The property has been used as B-1 for many years because of the Grandfather clause, and

        Whereas: The rezoning will establish the possibility for a retail business, and

        Whereas: The City Council and the Planning and Zoning Commission find no just cause as to why it should not be rezoned.

Be it therefore resolved that the change in zoning be allowed and authorize the Mayor to sign its approval. (Ord. 619)

Sec. 25-310.     Changing the zoning status of Lots 5, 6, 7 and the south half of Lot 4 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Verlan and Ann Marie Breuer, owners of above described property, has requested the rezoning of their land at 614 Grover Street, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 641)

Sec. 25-311.     Changing the zoning status of the east half of Lots 8, 9, 10 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Ben and Debra Childs, owners of above described property, has requested the rezoning of their land at 115 Aida Street, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 642
)

Sec. 25-312.     Changing the zoning status of the west half of Lots 8, 9, 10 of Block 54 of Pace's Second Addition from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Jesse and Cynthia Singleton owners of above described property, has requested the rezoning of their land at 121 Aida Street, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 643)

Sec. 25-313.     Changing the zoning status of Lots 1, 2, 3, 4, and 5 in Block 3 of Union Heights Addition from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Glyn and Lorena Dowler, owners of above described property, has requested the rezoning of their land as described above, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 644
)

Sec. 25-314.     Changing the zoning status of Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Block 2 of Highland Park Addition on Union Avenue from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Glyn and Lorena Dowler, owners of above described property, has requested the rezoning of their land at as described above, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 645)

Sec. 25-315.     Changing the zoning status of Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 in Block 2 of Highland Park Addition on Missouri Avenue, from R-1, Residential, to B-1, Neighborhood Business.

        WHEREAS: Glyn and Lorena Dowler, owners of above described property, has requested the rezoning of their land at as described above, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a retail business, and,

        WHEREAS: The Planning and Zoning Commission is unanimously in favor of the request.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 646)

Sec. 25-316.     Changing the zoning status of a 52 acre tract of land at the request of Charles E. James.

        WHEREAS: The passage of this ordinance is contingent on the distribution center being built, and,

        WHEREAS: Charles E. James, sole member and manager, has requested the rezoning of his land as described below:

All that part of a strip of land off of the West side of Section 19, Township 38 North, Range 6 West, that lies North of the North outer road of Interstate Highway 44, said strip being described as follows: Commence at the Southwest corner of said Section 19, thence run East 660 feet; thence North through said section and parallel with the West line to a stake on the North line; thence West 660 feet; thence South along the West section line to the place of beginning.

        WHEREAS: A Public Hearing was held prior to the consideration of this ordinance, and,

        WHEREAS: The rezoning will establish the possibility for a storage warehouse, potential retail business, or commercial use, and,

        WHEREAS: The Planning and Zoning Commission has met regarding this request and has recommended the rezoning to the City Council.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED, CONTINGENT ON THE DISTRIBUTION FACILITY BEING BUILT, AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 654)

Sec. 25-317.     Changing the zoning status of the property from R-1, Residential, to B-1, Neighborhood Business.

A fractional part of the South Half of the Southwest Quarter of the Northwest Quarter of Section 29, Township 38, Range 6, in Phelps County, Missouri, described as follows: Beginning at the Southeast Corner of said South Half of the said Southwest Quarter of the Northwest Quarter in said Section 29, Township 38, Range 6, and running thence in a Northwesterly direction along the West side of U.S. Highway No. 68 a distance of 204 feet for a new beginning point: thence in a Northwesterly direction along the west side of U.S. Highway No. 68,a distance of 150 feet; thence West 150 feet; thence Southeasterly 150 feet; thence East 150 feet to the west side of said Highway No. 68 and to the point of beginning, the ground hereby conveyed being a piece of ground 150 feet square in the South Half of the Southwest Quarter of the Northwest Quarter of Section 29, Township 38, Range 6, in Phelps County, Missouri.

        WHEREAS:  Leo Cardetti, owner of the above described property, has requested the rezoning of his land as described above, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance, and,

        WHEREAS: The rezoning will be consistent with the business being operated there now under the grandfather clause, and,

        WHEREAS: The Planning and Zoning Commission voted to recommend the rezoning of the property.

BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 666)

Sec. 25-318.     Changing the zoning status of the property from R-1, Residential, to B-2, Central Business.

                Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, in Block 2 of the Highland Park Subdivision

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 672)

Sec. 25-319.     Changing the zoning status of the property from R-1, Residential, to B-2, Central Business.

                Lots 5 & 6 in Block 4 of the UnionHeights Subdivision

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 673)

Sec. 25-320.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

                Lots 5 & 6 in Block of the UnionHeights Subdivision

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 674)

Sec. 25-321.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

                Lots 7, 8, 9, 10, 11, 12, 13, in Block 3 of the Highland Park Subdivision

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 675)

Sec. 25-322.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

                Lots 3, 4, 5, 6, 7, in Block 6 of the UnionHeights Addition

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 676)

Sec. 25-323.     Changing the zoning status of the property from R-1, Residential, to R-2, Multi Family.

                Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, in Block 2 of the DellacellaHeights Addition

        WHEREAS: Charles Silver, owner of the above described property, has requested the rezoning of his land as described above, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 677)

Sec. 25-324.     Changing the zoning status of the property from B-1, Neighborhood Business District to B-2 Central Business District.

                Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 in Block 54 of Pace's Second Addition.

        WHEREAS: William Delano, owner of the above described property, has requested the rezoning of his land as described above, and,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 699)

Sec. 25-325.     Changing the zoning status of Lots 67-74, 85-90 and the North 1/2 of Lot 91 of the Reitz Subdivision from R-1, Residential to I-1, Light Industrial.

        WHEREAS: The owners of lots 67-74, 85-90 and the north 1/2 of lot 91 of the Reitz Subdivision, have requested the rezoning of their property, and,,

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 732)

Sec. 25-326.     Changing the zoning status of Lot 7 and 1/2 of Lot 6 in the Riefenstahl Tract from R-1Residential to B-1 Neighborhood Business.

        WHEREAS: Verlan and Ann Breuer have requested the rezoning of their property being Lot 7 and half of Lot 6 in the Riefenstahl Tract from R-1 Residential to B-1 Neighborhood Business, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 736)

Sec. 25-327.     Changing the zoning status of Lot 8 and 1/2 of Lot 9 in the Riefenstahl Tract from R-1Residential to B-1 Neighborhood Business.

        WHEREAS: Verlan and Ann Breuer have requested the rezoning of their property being lot 8 and half of Lot 9 in the Riefenstahl Tract from R-1 Residential to B-1 Neighborhood Business, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 740)

Sec. 25-328.     Changing the zoning status of Lot 6, except the North 150 feet, in the Mill Addition from I-2 Heavy Industry to C-2 Central Business.

        WHEREAS: Marvin and Bobbie Coffman have requested the rezoning of their property being Lot 6 Mill Addition, except the north 150 feet, from I-2 Heavy Industry to C-2 Central Business, and

        WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

        BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 741)

 

Sec. 25-329.       Changing the zoning status of Lot 1 and a fractional part of Lot 2 of the Emory Addition

                        from R-1 to B-1.

 

      WHEREAS: Randall and Mary Cahill have requested the rezoning of their property being Lot 1 and a fractional part of lot 2 of the Emory Addition, from R-1 to B-1, and

 

      WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 746)

 

                                                                                                                                                                                   

Sec. 25-330        Changing the zoning status of Wilson Woods Phase 1 from I-1, Light Industry to R-1S,

                        Residential Single Family.

 

      WHEREAS: A preliminary Plat of Wilson's Woods Phase 1, as described below, has been submitted by Ira and Margaret Wilson for acceptance and approval.

 

      WHEREAS: Ira and Margaret Wilson have requested the rezoning of their property described as follows from I-1 to R-1S.

 

A fractional part of the West Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17; thence South 0° 06' West, 330.01 feet, and, South 0°07'30" West, 962.85 feet, all along the West line of the aforesaid West Half of the Southeast Quarter to the true point of beginning of the hereinafter described tract: Thence continuing South 0° 07' 30" West, 149.47 feet along said West line to the North right of way of Sidney Street; thence North 71° 17' 10" East, 783.83 feet along said North right of way to the southwest corner of a parcel described in Phelps County Deed Records at Document No. 9600043; thence North 0° 03' 40" West, 137.21 feet along the West line of said Document No. 9600043 parcel; thence South 71° 17' 10" West, 577.33 feet; thence North 89° 52' 30" West, 50.00 feet; thence South 0° 07' 30" West, 54.42 feet; thence North 89° 52' 30" West, 145.00 feet to the true point of beginning. Above described tract contains 2.31 acres, more or less.

 

      WHEREAS: The Planning and Zoning Board met on August 1, 2002 at the City Hall and agreed to endorse the acceptance of this Preliminary Plat.

 

      WHEREAS: A Public Hearing was held on August 5, 2002, prior to the passage of this ordinance.

 

      BE IT ORDAINED THAT THE COUNTIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE WILSON'S WOODS PHASE 1 PRELIMINARY PLAT, ZONED R-1S, DATED JULY 4, 2002, BY ELGIN SURVEYING & ENGINEERINGS, INC. NUMBER R10464.  (Ord. 750)

 

 

Sec. 25-331.    Changing the zoning status from R-1, Residential to B-1, Neighborhood Business of

                     property owned by Walter and Dorothy Lister.

 

      WHEREAS: Walter and Dorothy Lister have requested the rezoning of their property described as follows from R-1 to B-1:

 

All that part of the E 1/2 of the NE 1/4 of Sec. 19, Twp. 38 N, Rng. 6 W. 5th P.M. in Mo., described as follows: Beginning at a point 453 ft. North of the North end of Meramec St. of the City of St. James, Mo. and on a prolongation of the West boundary line thereof of said Meramec St., and at the NE corner of a tract of land owned by Wm. Dillon; thence running in a Northerly direction a distance of 188 feet.; thence in a Westerly direction and parallel with Aida St. of said City of St. James, Mo., a distance of 328.9 ft. to the West line of said E 1/2 of the NE 1/4 of said Sec. 19; thence running South along and with the said West boundary line of said E 1/2 of the NE 1/4 of said Sec. 19, to said tract of land owned by Wm. Dillon; thence in an easterly direction parallel with said Aida St. a distance of 449 ft. to the place of beginning

 

      WHEREAS: A Public Hearing was held prior to the passage of this ordinance.

 

      BE IT THEREFORE ORDAINED THAT THE CHANGE IN ZONING BE ALLOWED AND AUTHORIZE THE MAYOR TO SIGN ITS APPROVAL.  (Ord. 751)

 

 

Sec. 25-332.    Changing the zoning of  the Old Grade School from R-1, Residential, to B-1 Neighborhood Business.

 

      WHEREAS: The Planning and Zoning Commission met on August 29, 2002 regarding this issue and recommended the rezoning.

 

      WHEREAS: A Public Hearing was held prior to the passage of this ordinance;

 

      WHEREAS: This rezoning must insure the residential character of the neighborhood is maintained should the Old Grade School be demolished or accidentally destroyed;

 

      WHEREAS: These objectives can be met by rezoning the property B-1, Neighborhood Business, until the Old Grade School is accidentally destroyed; allowed to decay until the standards of section 5-35 of the city code of ordinances are met; or demolished at which time the zoning shall be R-1S, Single-Family Residential.

 

      BE IT THEREFORE ORDAINED THAT LOTS 12, 13, 14, 15 AND 16, BLOCK 14-31, ORIGINAL TOWN BE TEMPORARILY REZONED TO B-1, NEIGHBORHOOD BUSINESS FOR AS LONG AS THE HISTORICAL OLD GRADE SCHOOL FACADE EXISTS WHEREUPON IMMEDIATELY THE ZONING SHALL BE R-1S, SINGLE FAMILY. (Ord. 757)

 

 

Sec. 25-333.    Rezoning plat number 1 of Wilson's Woods, a 2.31 acres subdivision owned by Ira andMargaret Wilson located to the north right of way of Sidney Street from R-1S, residential single family to R-1, residential.

 

WHEREAS:      A request from Ira and Margaret Wilson to rezone Wilson’s Woods Plat number one from R-1S to R-1, as described below, has been submitted for approval.

 

A fractional part of the West Half of the Southeast Quarter of Section 17, Township 38 North, Range 6 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southeast Quarter of said Section 17: thence South 0º06' West, 330.01 feet, and, South 0º07'30" West, 962.85 feet, all along the West line of the aforesaid West Half of the Southeast Quarter to the true point of beginning of the hereinafter described tract: Thence continuing South 0º07'30" West, 149.47 feet along said West line to the North right of way of Sidney Street thence North 71º17'10" East, 783.83 feet along said North right of way to the southwest corner of a parcel described in PhelpsCounty Deed Records at Document No. 9600043; thence North 0º03'40" West, 137.21 feet along the West line of said Document No. 9600043 parcel; thence South 71º17'10" West, 577.33 feet; thence North 89º52'30" West, 50.00 feet; thence South 0º07'30" West, 54.42 feet; thence North 89º52'30" West, 145.00 feet to the true point of beginning. Above described tract contains 2.31 acres, more or less.

 

WHEREAS:      The planning and zoning board met on May 28, 2003 at the City Hall and agreed to endorse the acceptance of the rezoning request.

 

WHEREAS:      A Public Hearing was held on June 2, 2003.

 

THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE WILSON’S REZONING REQUEST FOR PLAT NUMBER 1, TO CHANGE FROM R-1S TO R-1.  (Ord. 777)

 

 

Sec. 25-334.    Rezoning Lots 10 and 11 of the Goff Addition from R-1, Residential, to B-1 Neighborhood Business.

 

      WHEREAS: Robert Copeland requested the rezoning of lots 10 and 11 of the Goff Addition from R-1 to B-1, and

 

      WHEREAS: The Planning and Zoning Commission met on October 1, 2003 regarding this issue and did not recommended the rezoning, and

 

      WHEREAS: A Public Hearing was held October 6, 2003 prior to the passage of this Section.

 

      BE IT THEREFORE ORDAINED THAT LOTS 10 AND 11 OF THE GOFF ADDITION BE REZONED TO B-1, NEIGHBORHOOD BUSINESS.  (Ord. 791)

 

Sec. 25-335.    Rezoning Lots 1, 2, and 3, of Block 30, Original Town from R-1, residential, to B-1, neighborhood business.

 

      WHEREAS: A request from Karla Lindemann to rezone the above described property from R-1 to B-1, has been submitted for approval.

 

      WHEREAS: The Planning and Zoning Board met on February 25, 2004 at the City Hall and agreed to endorse the acceptance of the rezoning request.

 

      WHEREAS: A Public Hearing was held on March 01, 2004.

 

      BE IT THEREFORE ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE REZONING REQUEST FOR LOTS 1, 2, AND 3, OF BLOCK 30, ORIGINAL TOWN FROM R-1, RESIDENTIAL, TO B-1, NEIGHBORHOOD BUSINESS.  (Ord. 796)

 

Sec. 25-336.    Rezoning the East 20 feet of Lot 14 and all of Lots 15 and 16, Block 30, Original Town from R-1, residential, to B-1, neighborhood business.

 

      WHEREAS: A request from Fred Marshall to rezone the above described property from R-1 to B-2, has been submitted for approval.

 

      WHEREAS: The Planning and Zoning Board met on February 25, 2004 at the City Hall and agreed B-2 was not appropriate for that area but agreed to recommend B-1 to the City Council.

 

      WHEREAS: A Public Hearing was held on March 01, 2004.

 

      THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE REZONING REQUEST FOR THE EAST 20 FEET OF LOT 14 AND ALL OF LOTS 15 AND 16, BLOCK 30, ORIGINAL TOWN FROM R-1, RESIDENTIAL, TO B-1, NEIGHBORHOOD BUSINESS.  (Ord. 797)

 

Sec. 25-337.     Rezoning 1.29 acre parcel shown as 12.02 on Missouri Highway B just west of Heritage Manor from R-1 Residential to B-1 Neighborhood Business.

 

      WHEREAS: A request from Jack Fairburn to rezone the above described property from R-1 to B-1 has been submitted for approval.

 

      WHEREAS: The planning and zoning board met on May 26, 2004 at the City Hall and agreed to endorse the acceptance of the rezoning request by a 7 to 0 vote.

 

      WHEREAS: A public hearing was held on June 07, 2004.

THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS. (Ord. 809)

 

Sec. 25-338.     Rezoning Lots 10 & 11, Block 4, Bowman Addition to the City of St. James at the corner of East James and Walter Street from B-1 Neighborhood Business to R-2 Multifamily Residential.

 

      WHEREAS: A request from Leo Cardetti to rezone the above described property from B-1 to R-2 has been submitted for approval.

 

      WHEREAS: The planning and zoning board met on May 26, 2004 at the City Hall and agreed, with a vote of 6 in favor and Leo Cardetti abstaining, to endorse the acceptance of the rezoning request.

 

      WHEREAS: A public hearing was held on June 07, 2004.

 

      THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE REZONING REQUEST FOR LOTS 10 AND 11 OF BLOCK 4, BOWMAN ADDITION FROM B-1 NEIGHBORHOOD BUSINESS TO R-2 MULTIFAMILY RESIDENTIAL. (Ord. 810)

 

Sec. 25-339.    Rezoning Lots 1-11 of Block 8 and Lots 12-17 of Block 10 of the Stricker Addition from R-1 Residential to B-1 Neighborhood Business.

 

      WHEREAS: A request from owners Larry and Gloria Davis to rezone the above described property from R-1 to B-1 has been submitted, and

 

      WHEREAS: Signed support letters from the connecting property owners, have been received by the city, and

 

      WHEREAS: The planning and zoning board met on August 25, 2004 at the City Hall and recommended approval of the rezoning, and

 

      WHEREAS: A Public Hearing was held on September 07, 2004.

 

      THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS BE APPROVED. (Ord. 823)

 

Sec. 25-340.    Rezoning Lot 4, Block 4 of the City of St. James Addition at 116 N. Seymour from R-1 Residential to B-2 Central Business.

 

      WHEREAS: A request from owner Loretta Keeney to rezone the above described property from R-1 to B-2 has been submitted, and

 

      WHEREAS: A letter from the owner states that “I favor rezoning my property at 116 N. Seymour back to residential, R-1, if a day care facility ceases to operate at that address.” and

 

      WHEREAS: The Planning and Zoning Board met on July 27, 2005 at the City Hall and recommends the City Council approve the above rezoning request.

 

      WHEREAS: A Public Hearing was held on August 1, 2005.

 

      THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR LOT 4, BLOCK 4 OF THE CITY OF ST. JAMES ADDITION AT 116 SEYMOUR FROM R-1 RESIDENTIAL TO B-2 CENTRAL BUSINESS BE APPROVED.  (Ord. 851)

 

 

Sec. 25-341.       Rezoning Heritage Manor/Howard Hamilton and Heritage Associates property  located at 416 and 420 Sidney St. and 417 B Highway, from R-1 Residential to B-2 Central Business.

 

      All that part of the SW1/4 of Sec. 17, Twp. 38 N., Rng. 6 W. of 5th P.M., described as follows: Commencing at the SE corner of the SW ¼ of the SW ¼ of said Sec. 17; thence N 0º14’ W. 707.48 ft. along the E. line of said ¼ ¼ to the true point of beginning of the tract hereinafter described; thence continuing N. 0º14’ W. 177.0 ft. along said E. line of ¼ ¼ (and along a fence line) to the S. line of Sidney St.; thence S. 89º08’40” W. 150.53 ft. along said S. street line; thence S. 0º48’40” W. 177.06 ft.; thence N. 89º08’40” E. 153.75 ft. to the true point of beginning. FmHA 427-1 MO (Rev. 1-18-80) Above tract contains 0.62 acres, more or less.

 

      Also, all that part of the SE ¼ of the SW ¼ of Sec. 17, Twp. 38 N., Rng. 6 W. of 5th P.M. described as follows: Commencing at the SW corner of the SE ¼ of the SW ¼ of said Sec. 17; thence N. 0º14’ W. 512.91 ft. along the W. line of said ¼ ¼ to the N. right of way of Phelps County Route “B”; thence in a NEerly direction a distance of 88.46 ft. along the arc of a curve with a radius of 5859.58 ft. along said N. right of way to the true point of beginning of the tract hereinafter described; thence N. 0º14’ W. 164.68 ft.; thence N. 89º28’ E. 200.0 ft.; thence S. 0º14’ E. 96.0 ft. along a fence line to aforesaid N. right of way of Route “B”; thence S. 70º02’ W. 67.9 ft. and in a SWerly direction a distance of 143.91 ft. along the arc of a curve with a radius of 5859.58 ft., all along said N. right of way of Route “B” to the true point of beginning. Above tract contains 0.6 acres, more or less. As per survey by R. L. Elgin.

 

      Also, All that part of the Southeast Quarter of the Southwest Quarter of Section 17, Township 38 North, Range 6 West of 5th P.M. described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 17; thence North 0º14’ West, 707.48 feet along the West line of said quarter quarter to the true point of beginning of the tract hereinafter described; thence continuing North 0º14’ West, 177.0 feet along the West line of said quarter quarter to the South line of Sidney Street; thence North 89º28’ East, 282.81 feet along said South line; thence South 0º14’ East, 177.0 feet, thence South 89º28’ West, 282.81 feet + to the true point of beginning. Above tract contains 1.15 acres +

 

Except all legally established roads and highways.

 

      WHEREAS: A request from owners Heritage Manor/Howard Hamilton and Heritage Associates to rezone the above described property from R-1 to B-2 has been submitted, and

 

      WHEREAS: The Planning and Zoning Commission met on February 01, 2006 at the City Hall and recommends the City Council approve the above rezoning request.

 

      WHEREAS: A Public Hearing was held on February 06, 2006.

 

      THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL ZONING TO B-2 CENTRAL BUSINESS ZONING BE APPROVED. (Ord. 868)

 

Sec. 25-342.    Rezoning Lots 1, 2, 3, 4, 5, 6, & 7 Block 55 of Paces Third Addition from R-1 Residential  to B-1 Neighborhood Business.

 

      WHEREAS: A request from the First Baptist Church, owner of the property. to rezone lots 1, 2, 3, 4, 5, 6, & 7 in Block 55 of Paces Third Addition from R-1 to B-1 has been submitted, and

 

      WHEREAS: The Planning and Zoning commission met on June 27, 2007 at the City Hall and recommends the City Council approve the above rezoning request.

 

      WHEREAS: A Public Hearing was held on July 02, 2007.

 

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROEPRTY FROM R-1 RESIDENTIAL ZONING TO B-1 NEIGHBORHOOD BUSINESS ZONING BE APPROVED.  (Ord. 892)

 

Sec. 25-343.    Rezoning 405 West Washington from R-1 Residential to I-L Light Industry.

 

      WHEREAS:  A request from owner, David Watkins, to rezone the below described property from R-1 to I-1 has been submitted.

 

      WHEREAS:  A protest against such change, by the owners of thirty percent of the property within 185 feet of the lots proposed to be changed, has not been received by the city;

 

      WHEREAS:  Such change shall become effective by the favorable vote of two-thirds of all the members of the city council;

 

      WHEREAS: The planning and zoning board met on April 29, 2009 at the City Hall and recommended approval of the change.

 

      WHEREAS: A Public Hearing was held on May 04, 2009.

 

Property Described as follows:

 

A part of the SE ¼ of the SE ¼ of Sec. 19, Twp. 38N., Rng. 6W., described as follows:  Beginning at a point on the North line of Washington Street a distance of 75 feet West of the Northwest corner of Washington and Jackson Streets in the City of St. James, Missouri, running thence West along the North line of Washington Street 71 feet; thence North parallel with Jackson Street to the South line of the St. Louis and San Francisco Railroad right of way; thence in a Northeasterly direction along the South boundary line of said right of way to the West line of the property now owned by Alfred Wycoff; thence Sou8th along the West line of the Wycoff property to the North line of Washington Street to the point of beginning; being a piece of land fronting 71 feet on Washington Street and running in a Northerly direction to the St. Louis and San Francisco Railroad right of way and lying West of the Wycoff property.

 

Except all legally established roads and highways.  Including all appurtenant easements inuring to the benefit of the above land as the dominant tenement and subject to all easements to which the above land is the servient tenement. Subject to all dedications., covenants, reservations and restrictions on use of record.

 

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL TO I-1 LIGHT INDUSTRY BE APPROVED. (Ord. 949)

 

Sec. 25-344.       Rezoning Lots 6 & 7 Block 3 and Lots 9 & 10 of Union Heights in St. James, Mo. from R-1 Residential to B-2 Central Business.

 

      WHEREAS:  A request from owner, Doris Brown/ Taylor Marshall (POA), to rezone the below described property from R-1 to B-2 has been submitted.

 

      WHEREAS:  A protest against such change, by the owners of thirty percent of the property within 185 feet of the lots proposed to be changed, has not been received by the city.

 

      WHEREAS:  Such change shall become effective by the favorable vote of two-thirds of all the members of the city council;

 

      WHEREAS:  The planning and zoning board met at 9:00 a.m. on May 03, 2010 at the City Hall and recommended approval of the change.

 

      WHEREAS:  A Public Hearing was held on May 03, 2010 at 6:55 p.m.

 

 Property described as follows:

 

         Lots 6 & 7 Block 3 and a fractional part of lot 8 plus lots 9 & 10, Block 9 of Union Heights in the City of St. James, Missouri.

 

         THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL TO B-2 CENTRAL BUSINESS BE APPROVED.  (Ord. 983)

        

Sec. 25-345.       Rezoning all of Lots 1 and 2 in Block One of Highland Park Addition to the City of St. James, from R-1 Residential to B-1 Neighborhood Business.

 

      WHEREAS: A request from property owners Bruce and Laura Benson to rezone lots 1 and 2 Highland Park Addition from R-1 to B-1 has been submitted, and

 

      WHEREAS: The Planning and Zoning Commission met on August 31, 2011 at the City Hall and recommends the City Council approve the above rezoning request.

 

      WHEREAS: A Public Hearing was held on September 6, 2011 regarding this request.

 

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL ZONING TO B-1 NEIGHBORHOOD BUSINESS ZONING BE APPROVED. (Ord. 1012)

 

Sec. 25-346.       Rezoning all of Lots 3, 4, 5 and 7 of Garner Subdivision in Block One of Union Heights Additon to the City of St. James, from R-1 Residential to B-1 Neighborhood Business.

 

      WHEREAS: A request from property owner, Maries County Bancop, Inc., to rezone lots 3, 4, 5, and 7 in Garner Subdivision Block One of Union Heights Addition from R-1 to B-1 has been submitted, and

 

      WHEREAS: The Planning and Zoning Commission met on October 26, 2011 at the City Hall and recommends the City Council approve the above rezoning request.

 

      WHEREAS: A Public Hearing was held on November 7, 2011 regarding this request.

 

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JAMES, MISSOURI THAT THE REZONING REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM R-1 RESIDENTIAL ZONING TO B-1 NEIGHBORHOOD BUSINESS ZONING BE APPROVED. (Ord. 1017)

 

 

Secs. 25-347 to 25-399. Reserved.

 

ARTICLE IV

HISTORIC DISTRICTS AND LANDMARKS

 

DIVISION 1.  GENERAL PROVISIONS

 

Sec. 25-400.  Purpose.

 

      The purpose of this Article is to promote the educational, cultural, economic, and general welfare of the community by:

 

      (1)     Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of St. James which represent elements of the city's cultural, social, economic, political, and architectural history;

 

      (2)     Fostering civic pride in the beauty and noble accomplishments of the past as represented in St. James landmarks and historic districts;

 

      (3)     Conserving and improving the value of property designated as landmarks or within historic districts;

 

      (4)     Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;

 

      (5)     Protecting and enhancing the attractiveness of the city to home buyers, tourists, visitors, and shoppers, and thereby supporting and promoting business, commerce and industry, and providing economic benefit to the City;

 

      (6)     Fostering and encouraging preservation, restoration, and rehabilitation of the historic structures, areas and neighborhoods, and thereby preventing future urban blight;

 

      (7)     Promoting the use of historic districts and landmarks for the education, pleasure, and welfare of the people of the City;

 

      (8)     Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the incorporated limits of the City. (Ord. 762, §2)

 

 

Sec. 25-401.  Definitions.

 

      Unless specifically defined below, words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application.

 

      (1)     Alteration - any act or process that changes one or more historic, architectural or physical features of an area, site, landscape, place and/or structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure; the expansion or significant modification of agricultural activities; and clearing, grading or other modification of an area, site, or landscape that changes its current condition.

 

      (2)     Area - A specific geographic division of the City of St. James.

 

      (3)     Board of Adjustment - The board established pursuant to Article III, Section 25-260.

 

      (4)     Certificate of Appropriateness - A certificate issued by the Historic Preservation Commission (SJHPC) indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.

 

      (5)     Certificate of economic hardship - A certificate issued by the SJHPC authorizing an alteration, construction, removal or demolition, even though a certificate of appropriateness has previously been denied.

 

      (6)     Commissioner – Member of the St. James Historic Preservation Commission appointed by the mayor and approved by the council.

 

      (7)     Construction - The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

 

      (8)     Cultural resources - Districts, buildings, sites, structures, objects and evidence of some importance to a culture, a subculture, or a community for scientific, engineering, art tradition, religious or other reasons, significant in providing resource and environmental data necessary for the study and interpretation of past life ways and for interpreting human behavior.

 

      (9)     Demolition - Any act or process which destroys in part or in whole a Landmark or a structure within a Historic District, or which threatens to destroy a Landmark or a structure within a Historic District, or which destroys or threatens to destroy a potentially significant property or structure by failure to maintain it in a condition of good repair and maintenance.

 

      (10)    Design guideline - A standard of appropriate activity that will preserve the historic, prehistoric, architectural, scenic or aesthetic character of a landmark or historic district.

 

      (11)    Exterior architectural appearance - The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements.

 

      (12)    Historic District - An area designated as a "historic district" by ordinance of the City Council which may include individual Landmarks, as well as other properties or structures which, while not of such historic and or architectural significance to be designated as Landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the Historic District.

 

      (13)    Historic significance - Character, interest or value as part of the development, heritage, or culture of the community, county, state or country; as the location of an important local, county, state or national event; or through identification with a person or persons who made an important contribution to the development of the community, county, state or country.

 

      (14)    Landmark - A property or structure designated as a "Landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, interpretation and preservation because of its historic, architectural or archaeological significance to the City of St. James.

 

      (15)    Minimum maintenance - The minimum regulations governing the conditions and maintenance of all existing structures, as set out in the BOCA Basic National Existing Structures Code, First Edition (1984), as published by the BOCA Building Officials & Code Administrators International, Inc., and adopted by reference, with certain amendments thereto by the City Council of the City of St. James, Missouri, as such existing structures code shall be amended from time to time by the City of St. James.

 

      (16)    Ordinary maintenance - Any work for which a building permit is not required by municipal ordinance, where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay or damage, and does not involve change of materials nor of form.

 

      (17)    Owner of record - The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.

 

      (18)    Public improvement project - An action by the City of St. James or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, parking, or other portions of the public infrastructure servicing commercial, residential, recreational or industrial development; or any undertakings affecting city parks or city owned structures.

 

      (19)    Removal - Any relocation of a structure, object or artifact on its site or to another site.

 

      (20)    Repair - Any change that is not construction, alteration, demolition or removal and is necessary or useful for continuing normal maintenance and upkeep.

 

      (21)    Secretary of the Interior’s Standards – The Secretary of the Interior’s Standards for the Treatment of Historic Properties are sets of treatment standards intended to assist users in making sound historic preservation decisions for the preservation, rehabilitation, restoration or reconstruction of historic properties.  The Standards are codified as 36 CFR Part 68 in the July 12, 1995, Federal Register (Vol. 60, No. 133).

 

      (22)    SJHPC - Members of the Historic Preservation Commission.

 

      (23)    Site - The traditional, documented or legendary location of an event, occurrence, action or structure  significant in the life or lives of a person, persons, groups, or tribe, or any place with evidence of past human activity.  Sites include, but are not limited to, cemeteries, burial grounds, occupation and work areas, evidence of farming or hunting and gathering, battlefields, settlements, estates, gardens, groves, river crossings, routes and trails, caves, quarries, mines or significant trees or other plant life.

 

      (24)    Stop work order - An order directing an owner, occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is required, and notifying the owner, occupant, contractor or subcontractor of the application process for a certificate of appropriateness.

 

      (25)    Structure - Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers, and swimming pools.

 

      (26)    Survey - The systematic gathering of information on the architectural, historic, scenic, and archaeological significance of buildings, sites, structures, areas, or landscapes, through visual assessment in the field and historical research for the purpose of identifying landmarks or districts worthy of preservation. (Ord. 762, §2)

 

 

Secs. 25-402 to 405 reserved

 

 

DIVISION 2. HISTORIC PRESERVATION COMMISSION

 

 

Sec. 25-406.  Composition of Historic Preservation Commission.

 

      The Historic Preservation Commission (SJHPC) shall consist of five (5) members, all of whom shall be appointed by the mayor and approved by the council.  In addition, a member of the City Council and of the Planning and Zoning Commission shall be appointed to serve as liaison.  The Council and Zoning representatives shall vote but shall not hold office.   All Commission members must have a demonstrated interest, competence or knowledge in historic preservation.  To the extent available in the community the SJHPC shall include professional members representing such disciplines as architecture, architectural history, prehistoric and historic archaeology, planning, urban design, cultural geography, cultural anthropology, folklore, curation, conservation, landscape architecture, law, real estate brokerage, banking, history or other fields related to historic preservation, and residents of historic districts or potential historic districts. (Ord. 762, §2)

Sec. 25-407.  Terms.

 

      The terms of office of the members of the SJHPC shall be for three years, excepting that the membership of the first SJHPC appointed shall serve respectively for terms of one for one year; two for two years; and two for three years.  Vacancies shall be filled for the unexpired term only.  Action to fill vacancies shall be initiated within 60 days.  The SJHPC shall hold at least four (4) meetings per year and any member of the SJHPC who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year, shall thereby automatically vacate the membership. (Ord. 762, §2)

 

 

Sec. 25-408.  Officers.

 

      Officers shall consist of a chairman and a vice-chairman elected by the SJHPC who shall each serve a term of one (1) year and shall be eligible for re-election; but no member shall serve as chairman for more than two (2) consecutive years.  The Council and Planning and Zoning Commission representatives shall not be eligible for office.  The chairman shall preside over meetings.  In the absence of the chairman, the vice-chairman shall perform the duties of the chairman.  If both are absent, those present shall elect a temporary chairman.  The secretary of the SJHPC shall be the city clerk:

 

      (1)     Take minutes of each SJHPC meeting;

 

      (2)     Be responsible for publication and distribution of copies of the­ minutes, reports, and decisions to the members of the SJHPC;

 

      (3)     Give notice as provided herein by law for all public hearings conducted by the SJHPC;

 

      (4)     Advise the Mayor of vacancies on the SJHPC and expiring terms of members; and

 

      (5)     Prepare to submit to the Council a complete record of the proceedings before the SJHPC on any matter requiring Council consideration. (Ord. 762, §2)

 

 

Sec. 25-409.  Meetings.

 

      A quorum shall consist of three of the members.  All decisions or actions of the SJHPC shall be made by a majority vote of those members present and voting at any meeting where a quorum exists.  Meetings shall be held at regularly scheduled times to be established by resolution of the SJHPC at the beginning of each calendar year or at any time upon the call of the chairman, but no less than once each quarter.  Public notice of all meetings shall be posted in conformance with standard City policy and RSMO Section 610.020.  No member of the SJHPC shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member.  No action shall be taken by the SJHPC that could in any manner deprive or restrict the owner of property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at public meeting of the SJHPC, as provided herein.  The chairman, and in his absence, the acting chairman, may administer oaths and require the attendance of witnesses.  All meetings of the SJHPC shall be open to the public except as allowed by State law.  The SJHPC shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be public record.  All SJHPC rules of procedure, designation criteria, design guidelines and forms shall be available to the public at the Office of the City Clerk. (Ord. 762, §2)

 

 

Sec. 25-410.  Funding.

 

      The City Council shall annually appropriate funds, within the budget limitations, for the operation of the SJHPC.  The SJHPC may, with the consent of the City Council, apply for, receive, or expend any federal, state or private grant, grant-in-aid, gift or bequest, in furtherance of the general purposes of this Article. (Ord. 762, §2)


Sec. 25-411.  Compensation.

 

      The members shall serve without compensation but shall be reimbursed for expenses they incur while on commission business. (Ord. 762, §2)

 

 

Sec. 25-412.  Powers and duties.

 

      The SJHPC shall have the following powers and duties:

 

      (1)     To adopt its own by-laws and procedural regulations provided that such regulations are consistent with this chapter and the Revised Statutes of the State of Missouri;

 

      (2)     To conduct an ongoing survey for the identification of historically, archaeologically and architecturally significant properties, structures, sites and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state or city; and to maintain the research information in an inventory accessible to the public (except for archaeological site locations, which shall be restricted);

 

      (3)     To investigate, and recommend to the Planning and Zoning Commission and to the City Council the adoption of ordinances designating for protection properties or structures having special cultural, historic, archaeological, community or architectural value as "Landmarks";

 

      (4)     To investigate and recommend to the Planning and Zoning Commission and the City Council the adoption of ordinances designating for protection areas as having special cultural, historic, archaeological, community or architectural value as "Historic Districts";

 

      (5)     To keep a register of all properties and structures which have been designated as Landmarks or Historic Districts, including all information required for each designation;

 

      (6)     To confer recognition upon the owners of Landmarks and property or structures within Historic Districts by means of certificates, plaques, or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one Landmark or Historic District to another;

 

      (7)     To advise and assist owners of Landmarks and property or structures within Historic Districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

 

      (8)     At the request of owners, to nominate Landmarks and Historic Districts to the City of St. James Historic Register, and to the National Register of Historic Places, and to review and comment on any nominations to the National Register of Historic Places;

 

      (9)     To inform and educate the citizens of the City of St. James concerning the historic, archaeological and architectural heritage of the City through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the City, the SJHPC, or other appropriate parties.

 

      (10)    To hold public hearings and to review applications for construction, alteration, removal or demolition affecting proposed or designated Landmarks or structures within Historic Districts and issue or deny Certificates of Appropriateness for such actions.  Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions;

 

      (11)    To hold public hearings on each proposed nomination of a Landmark and of a Historic District and on the guidelines developed for each nomination;

 

    (12)    To request the Building Inspector to issue stop work orders for any construction, alteration, removal or demolition undertaken without a Certificate of Appropriateness or to stop work that violates the conditions of a certificate;

 

      (13)    To review all applications for demolition permits within the corporate limits of the City to determine impact to significant cultural resources, including those not yet nominated as Landmarks or as contributing properties within an Historic District;

 

      (14)    To consider applications for Certificates of Economic Hardship that would allow the performance of work for which a Certificate of Appropriateness has been denied;

 

      (15)    To develop specific design guidelines based on the Secretary of the Interior's Standards for Rehabilitation for the alteration, construction, or removal of Landmarks or property and structures within Historic Districts;

 

      (16)    To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated Landmarks or Historic Districts;

 

      (17)    To administer on behalf of the City of St. James any property of historical significance or full or partial interest in real property, including easements, that the City of St. James may have or accept as a gift or otherwise, upon approval by the City Council;

 

      (18)    To accept and administer on behalf of the City of St. James, upon approval of the Council, such gifts, grants, and money as may be appropriate for the purposes of this Article.  Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other functions for the purpose of carrying out the duties and powers of the SJHPC and the purposes of this Article;

 

      (19)    To call upon available city staff members as well as other experts for technical advice;

 

      (20)    To retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time;

 

      (21)    To testify before all boards and commissions, including the Planning and Zoning Commission and the Board of Adjustment, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas;

 

      (22)    To make recommendations to the City Council concerning budgetary appropriations to further the general purposes of this Article;

 

      (23)    To develop a preservation component in the Master Plan of the City of St. James and to recommend it to the Planning and Zoning Commission and to the City Council;

 

      (24)    To periodically review the Zoning Ordinance and to recommend to the Planning and Zoning Commission and the City Council any amendments appropriate for the protection and continued use of Landmarks or property, sites and structures within Historic Districts; and

 

      (25)    To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Article. (Ord. 762, §2)

 

 

Secs. 25-413 to 25-415.  Reserved

 

 


DIVISION 3.  SURVEYS AND RESEARCH

 

 

Sec. 25-416.  Surveys and research duties.

 

      The SJHPC shall undertake an ongoing survey and research effort in the City of St. James to identify neighborhoods, areas, sites, structures, and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest or value, and shall maintain an inventory of that information.  Before the SJHPC shall on its own initiative nominate any landmark or district for designation, it shall develop a plan and schedule for conducting a comprehensive survey of the City of St. James to identify significant resources. As part of the survey, the SJHPC shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts, and photographs.  The SJHPC shall systematically identify potential Landmarks and Historic Districts and adopt procedures to nominate them based upon the following criteria:

 

      (1)     The potential Landmarks and Historic Districts in one identifiable neighborhood or distinct geographical area of the City of St. James;

 

      (2)     The potential Landmarks and Historic Districts associated with a particular person, event, or historical period;

 

      (3)     The potential Landmarks and Historic Districts of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman;

 

      (4)     The potential Landmarks and Historic Districts containing historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures;

 

      (5)     Such other criteria as may be adopted by the SJHPC to assure systematic survey and nomination of all potential Landmarks and Historic Districts within the City of St. James.

 

      All inventory material shall be in conformance with standards and guidelines for cultural resource inventory as established by the State Historic Preservation Office. (Ord. 762, §2)

 

 

Secs. 25-417 to 25-418.  Reserved

 

DIVISION 4.  NOMINATION OF

LANDMARKS AND HISTORIC DISTRICTS

 

Sec. 25-419.  General.

 

      Nominations shall be made to the SJHPC on a form prepared by it and may be submitted by a member of the SJHPC, owner of record of the nominated property or structure, or the City Council.  Nominations shall be turned in to the City Clerk, who will within seven (7) days of receipt mail a notification of intent to nominate to the owner of record of the nominated property.  Forms and criteria for nomination will be available at the Office of the City Clerk. (Ord. 762, §2)

 

Sec. 25-420.  Criteria for consideration of nomination.

 

      The SJHPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one or more of the following criteria, based on Criteria for Evaluation for the National Register of Historic Places:

 

      (1)     Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state or country;

 

    (2)     Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit;

 

      (3)     Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;

 

      (4)     Its location as a site of a significant local, county, state, or national event;

 

      (5)     Its identification with a person or persons who significantly contributed to the development of the community, county, state, or country;

 

      (6)     Its embodiment of distinguishing characteristics of an architectural type valuable for the study of a period, type, method of construction, or use of indigenous materials;

 

      (7)     Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, state, or country;

 

      (8)     Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;

 

      (9)     Its embodiment of design elements that make it structurally or architecturally innovative;

 

      (10)    Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community, or city;

 

      (11)    Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance;

 

      (12)    Its suitability for preservation or restoration; and

 

      (13)    Its potential to yield information important to history and prehistory.

 

      Any structure, property, or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration. (Ord. 762, §2)

 

 

Sec. 25-421.  Public hearing on Landmarks and Historic Districts.

 

      Upon receipt of a completed nomination of a Landmark or Historic District, the SJHPC shall schedule a public hearing to solicit input and comment on the proposed nomination and guidelines for Certificates of Appropriateness. (Ord. 762, §2)

 

 

Sec. 25-422.  Report and recommendation of SJHPC.

 

      The SJHPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated Landmark or Historic District does or does not meet the criteria for designation in Section 25-420 of this Article.  The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:

 

(a)      Explanation of the significance or lack of significance of the nominated Landmark or Historic District as it relates to the criteria for designation;

 

(b)     Explanation of the integrity or lack of integrity of the nominated Landmark or Historic District;

 

      (1)     In the case of a nominated Landmark found to meet the criteria for designation:

 

(a)      The significant exterior architectural features of the nominated Landmark that should be protected;

 

(b)     The types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness pursuant to the provisions of Division 4 through 5 of this Article;

 

(c)      Archaeological significance and recommendations for interpretation and protection.

 

      (2)     In the case of a nominated Historic District found to meet the criteria for designation:

 

(a)      The types of significant exterior architectural features of the structures within the nominated Historic District that should be protected;

 

(b)     The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Division 4 through 5 of this Article;

 

(c)      The type and significance of historic and prehistoric archaeological sites within the nominated Historic District;

 

(d)     Proposals for design guidelines of SJHPC review of Certificates of Appropriateness within the nominated Landmark or Historic District;

 

(e)      The relationship of the nominated Landmark or Historic District to the ongoing effort of the SJHPC to identify and nominate all potential cultural resources that meet the criteria for designation;

 

(f)      Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, lot size, and parking regulations necessary or appropriate to the preservation of the nominated Landmark or Historic District, including recommendations for buffer zones to protect and preserve visual integrity;

 

(g)     A map showing the location of the nominated Landmark and/or the boundaries of the nominated Historic District.

 

      (3)     The recommendations and report of the SJHPC shall be sent to the Planning and Zoning Commission within seven (7) days following the vote on the resolution and shall be available to the public in the Office of the City Clerk. (Ord. 762, §2)

 

 

Sec. 25-423.  Notification of nomination.

 

      The Planning and Zoning Commission shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the SJHPC that a nominated Landmark or Historic District does or does not meet the criteria for designation.  The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for zoning map amendments or ordinance amendments.  Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators. (Ord. 762, §2)


Sec. 25-424.  Public hearing.

 

      Oral or written testimony concerning the significance of the nominated Landmark or Historic District shall be taken at the public hearing from any person concerning the nomination.  The SJHPC may present expert testimony or present its own evidence regarding the compliance of the nominated Landmark or Historic District with the criteria for consideration of a nomination set forth in Division 4 of this Article.  The owner of any nominated Landmark or of any property within a nominated Historic District shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses.  The hearing shall be closed upon completion of testimony. (Ord. 762, §2)

 

 

Sec. 25-425.  Determination by Planning and Zoning Commission.

 

      Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated Landmark or Historic District does or does not meet the criteria for designation.  Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in this Article and the nominated Landmark or Historic District and all other information required by Division 4 of this Article. (Ord. 762, §2)

 

 

Sec. 25-426.  Notification of determination.

 

Notice of the determination of the Planning and Zoning Commission, including a copy of the report, shall be sent by regular mail to the owner of record of a nominated Landmark and of all property within a nominated Historic District and to the nominator within seven (7) days following adoption of the resolution.  Within seven (7) days following a determination by the Planning and Zoning Commission that the nominated Landmark or Historic District does meet the criteria for designation, a copy of the resolution and report accompanied by a recommendation that the nominated Landmark or Historic District be designated shall be sent to the City Council. (Ord. 762, §2)

 

 

Sec. 25-427.  Appeal.

 

A determination by the Planning and Zoning Commission that the nominated Landmark or Historic District does not meet the criteria for designation shall be a final administrative decision reviewable under the Missouri Administrative Procedure and Review Act provided, however, that the nominator or any owner of the nominated Landmark or of property within the nominated Historic District, may within thirty (30) days after the postmarked date of the notice of the determination file with the City Clerk a written appeal to the City Council.

(Ord. 762, §2)

 

Sec. 25-428.  Action by City Council.

 

      The City Council shall, within sixty (60) calendar days after receiving the recommendation that the nominated Landmark or Historic District be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the Landmark or Historic District by an ordinance.  The City Council shall hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Division 4 of this Article.  Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the action of the City Council.  The City Clerk shall provide written notification of the action of the City Council by regular mail to the nominator, the appellant, and the owner(s) of record of the nominated Landmark or of all property within a nominated Historic District.  The notice shall include a copy of the designation ordinance or resolution passed by the City Council and shall be sent within seven (7) days of the City Council action.  A copy of each designation ordinance shall be sent to the SJHPC, Planning and Zoning Commission and Building Inspector. (Ord. 762, §2)


Sec. 25-429.  The Designation Ordinance.

 

      Upon designation, the Landmark or Historic District shall be classified as a "District H-Historic", and the designating ordinance shall prescribe the significant features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulation; minimum dwelling size; floor area; lot size; sign regulation; and parking regulations.  The official zoning map of the City of St. James shall be amended to show the location of the "District H-Historic" as an overlay zone. (Ord. 762, §2)

 

 

Sec. 25-430.  Interim control.

 

      No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated Landmark or of any property or structure within a nominated Historic District from the date of the meeting of the SJHPC at which a nomination form is first presented until the final disposition of the nomination by the City Council unless such alteration, removal, or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare, or safety.  In no event shall the delay be for more than one hundred eighty (180) days. (Ord. 762, §2)

 

 

Sec. 25-431.  Amendment and rescission of designation.

 

      Designation may be amended or rescinded upon petition to the SJHPC and compliance with the same procedure and according to the same criteria set forth herein for designation. (Ord. 762, §2)

 

 

Secs. 25-432 to 25-440.  Reserved

 

 

DIVISION 5.  APPLICATIONS FOR

CERTIFICATES OF APPROPRIATENESS

 

 

Sec. 25-441.  Certificate of Appropriateness, when required.

 

      A Certificate of Appropriateness shall be required before the following actions affecting the significance of any Landmark or any structure within a Historic District may be undertaken:

 

      (1)     Any construction, alteration, or removal requiring a building permit from the City of St. James;

 

      (2)     Any demolition in whole or in part requiring a demolition permit from the City of St. James;

 

      (3)     Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature or appearance as specified in the ordinance designating the Landmark or Historic District;

 

      (4)     Any construction, alteration or removal involving earth disturbing activities that might affect archaeological resources;

 

      (5)     Any actions to correct a violation of a minimum maintenance standard. (Ord. 762, §2)


Sec. 25-442.  Application for Certificate of Appropriateness. Contents.

 

      Applications for a Certificate of Appropriateness shall include accompanying plans and specifications affecting the significance of a designated Landmark or of a property within a designated Historic District; and applications for demolition permits shall include plans and specifications for the contemplated use of the property.  Applications for building and demolition permits shall be forwarded by the Building Inspector to the SJHPC within seven (7) days following receipt of the application.  A building or demolition permit shall not be issued until a Certificate of Appropriateness has been issued by the SJHPC.  Any applicant may request a meeting with the SJHPC before the application is reviewed by the SJHPC or during the review of the application.  Application for review of construction, alteration, demolition, or removal not requiring a building permit for which a Certificate of Appropriateness is required shall be made on a form prepared by the SJHPC and available at the Office of the City Clerk.  The SJHPC shall consider the completed application at its next regular meeting. (Ord. 762, §2)

 

 

Sec. 25-443.  Stop work order.

 

      Whenever the SJHPC has reason to believe that an action for which a Certificate of Appropriateness is required has been initiated, or is about to be initiated, or that a violation of the conditions of a permit has occurred, it shall request that the Building Inspector make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedures.  If the SJHPC determines that a stop work order is necessary to halt an action, it shall request the Building Inspector to send a copy of the stop work order by certified mail return receipt requested to the owners, occupants, contractors and subcontractors, and notify them of the process of applying for a Certificate of Appropriateness.  A copy of the proper application form shall be included in the notice.  If necessary, a second or subsequent stop work order may be issued for the same project. (Ord. 762, §2)

 

 

Sec. 25-444.  Determination by the Historic Preservation Commission

 

      The SJHPC shall review the application for a building or demolition permit or for a Certificate of Appropriateness and issue or deny the permit with forty-five (45) days of receipt of the application.  Written notice of the approval or denial of the application for a Certificate of Appropriateness shall be provided the applicant and the Building Inspector within seven (7) days following the determination and shall be accompanied by a Certificate of Appropriateness in the case of an approval. (Ord. 762, §2)

 

 

Sec. 25-445.  Time limitation on Certificate of Appropriateness.

 

      A Certificate of Appropriateness shall become void unless construction is commenced within six months of date of issuance.  Certificates of Appropriateness shall be issued for a period of eighteen months and are renewable.  If the project is not completed according to the guidelines provided in the Certificate of Appropriateness, the project shall be deemed in violation of this Article. (Ord. 762, §2)

 

 

Sec. 25-446. Denial of a Certificate of Appropriateness.

 

      A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for the denial.  The SJHPC shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the SJHPC to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the SJHPC.  The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendation of the SJHPC. (Ord. 762, §2)

Sec. 25-447.  Review of public improvement and land acquisition projects

 

      Public improvement and land acquisition projects by the City of St. James or any of its departments or agencies shall be reviewed by the SJHPC in the following manner:

 

      (1)     The SJHPC shall review and comment upon any public improvement project proposed by the City of St. James or any of its agencies or departments within any historic district, on the site of or within two hundred (200) feet of any Landmarks, or within two hundred (200) feet of any boundary of a Historic District.  The Department of Public Works shall send a completed preliminary design for a public improvement project to the SJHPC simultaneously with its submission to the City Council for approval. The SJHPC shall have at least thirty (30) days to complete its review and report to the City Council, except when the Department of Public Works, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the SJHPC shall complete its review and report to the Council.

 

 

      (2)     The SJHPC shall review and comment upon any proposed acquisition of a Landmark or of land or buildings within a Historic District by the City of St. James or any of its agencies or departments.  The City Council or the Department of Public Works shall, at the earliest possible date that will not interfere with acquisition negotiations, send the SJHPC information concerning the location, size, purchase price, current use, and proposed use of the land or building to be acquired, and specify the date by which the SJHPC shall report to the City Council.

 

      (3)     The SJHPC shall review the public improvement or land acquisition projects to determine its effect upon the historic, archaeological or architectural character of the Landmark or Historic District and report to the City Council within any time specified by the City Council or Planning Department but not to exceed forty-five (45) days.  The report by the SJHPC shall include any recommendations for changes to the preliminary design or land acquisition that will lessen or alleviate any adverse effect of the proposed project upon the historic, archaeological or architectural character of the Landmark or Historic District.  The City Council shall take no final action on the preliminary design or land acquisition until it has received and reviewed the report of the SJHPC. (Ord. 762, §2)

 

 

Sec. 25-448.  Standards for review

 

      In considering an application for a building or demolition permit or for a Certificate of Appropriateness, the SJHPC shall be guided in principal by the Secretary of the Interior's Standards, as follows, in addition to any design guidelines in the ordinance designating the Landmark or Historic District.  Applications, standards for review and design guidelines shall be available in the Office of the City Clerk for distribution to the public.

 

      (1)     A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

 

      (2)     The historic character of a property shall be retained and preserved.  The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

 

      (3)     Each property shall be recognized as a physical record of its time, place, and use.  Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

 

      (4)     Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

 

      (5)     Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

 

    (6)     Deteriorated historic features shall be repaired rather than replaced.  Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials.  Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

 

      (7)     Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used.  The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

 

      (8)     Significant archaeological resources affected by a project shall be protected and preserved.  If such resources must be disturbed, mitigation measures shall be undertaken.

 

      (9)     New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property.  The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

 

      (10)    New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Ord. 762, §2)

 

 

Sec. 25-449.  Design guidelines

 

      Design guidelines for applying the criteria for review of Certificates of Appropriateness shall, at a minimum, consider the following architectural criteria:

 

      (1)     Height - The height of any proposed alteration or construction should be compatible with the style and character of the Landmark and with surrounding structures in a Historic District.

 

      (2)     Proportions of Windows and Doors - The proportions and relationships between doors and windows should be compatible with the architectural style and character of the Landmark and with surrounding structures within a Historic District.

 

      (3)     Relationship of Building Masses and Spaces - The set back and relationship of a structure within a Historic District to the open space between it and adjoining structures should be compatible.

 

      (4)     Roof Shape - The design of the roof should be compatible with the architectural style and character of the Landmark, and with surrounding structures in a Historic District.

 

      (5)     Landscaping - Landscaping should be compatible with the architectural character and appearance of the Landmark and of surrounding structures and landscapes in Historic Districts.

 

      (6)     Scale - The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a Historic District.

 

      (7)     Directional Expression - Facades in Historic Districts should blend with other structures with regard to directional expression.  Structures in a Historic District should be compatible with the dominant horizontal or vertical expression of surrounding structures.  The directional expression of a Landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.

 

      (8)     Architectural Details - Architectural details including materials, colors, and textures should be treated so as to make a Landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a Landmark or Historic District.

 

      (9)       Signage - The character of signs should be in keeping with the historic architectural character of a Landmark or Historic District.  Character of a sign includes the number, size, area, scale, location, type, (e.g., off-site advertising signs and on-site business signs), letter size or style, and intensity and type of illumination.

 

      (10)    Minimum Maintenance - Significant features should be kept in a condition of good repair and maintenance.  All structural and mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant features, or otherwise adversely affect the historic or architectural character of structures within a Historic District. (Ord. 762, §2)

 

 

Sec. 25-450.  Certificate of economic hardship

 

Application for a certificate of economic hardship shall be made on a form prepared by the SJHPC only after a certificate of appropriateness has been denied.  The SJHPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record, and owners adjacent to the property in the same manner as in Division 4, and any person may testify at the hearing concerning economic hardship.  All testimony, objections thereto and rulings at such public hearing shall be taken down by a reporter employed by the city for that purpose, or, if electronic tape recording equipment is available, by such electronic means.  The SJHPC may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application.

 

      (1)     Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the SJHPC for changes necessary for the issuance of a certificate of appropriateness;

 

      (2)     A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

 

      (3)     Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the SJHPC, and, in the case of a proposed demolition, after renovation of the existing property for continued use;

 

      (4)     In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure. (Ord. 762, §2)

 

 

Secs. 25-451 to 25-460 reserved

 

 

DIVISION 6.  MAINTENANCE OF HISTORIC PROPERTIES

 

 

Sec. 25-461. Ordinary maintenance exclusion. 

 

      Nothing in the section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in Section 25-401. (Ord. 762, §2)

 

 

Sec. 25-462 Definition of ordinary maintenance. 

 

      Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage. (Ord. 762, §2)

Sec. 25-463. Minimum maintenance requirement.

 

      All buildings and structures designated by city ordinance as "H" shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:

 

      (1)     The deterioration of exterior walls or other vertical supports;

 

      (2)     The deterioration of roofs or other horizontal members;

 

      (3)     The deterioration of external chimneys;

 

      (4)     The deterioration or crumbling of plasters or mortar;

 

      (5)     The deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

 

      (6)     The peeling of paint, rotting, holes, and other forms of decay;

 

      (7)     The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;

 

      (8)     The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

 

      If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Building Inspector.  The notice shall be by certified mail and shall specify each item in the property or Landmark that fails to meet minimum maintenance requirements.  The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements.  The SJHPC, for good cause shown, may extend the thirty (30) day period.  If after the original thirty (30) day period or any extension granted by the Building Inspector the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this section and punished in accordance with Division 7. (Ord. 762, §2)

 

 

Secs. 25-464 to 25-470 reserved.

 

 

DIVISION 7.  OTHER REVIEW DUTIES

OF HISTORIC PRESERVATION COMMISSION

 

 

Sec. 25-471.  Review of Applications for Zoning Amendments, Special Use Permits and Variances

 

Applications for zoning amendments, special use permits, or variances for a Landmark or structures within a Historic District shall be referred to the SJHPC by the Planning Department at least fifteen (15) days prior to the date of the public hearing set by the Planning and Zoning Commission or the Board of Adjustment.   The SJHPC may review these applications using any format which it deems appropriate provided, however, that the applicant shall be notified of the time and place of such review and shall be given the opportunity to appear and be heard.  Within fifteen (15) days after receipt of said application, the SJHPC shall forward its comments to the Planning Department for presentation to the Planning and Zoning Commission for their consideration in reviewing the application. (Ord. 762, §2)

Sec. 25-472.  Appeals.

 

If the SJHPC denies an application for a Certificate of Appropriateness, the SJHPC shall work with the applicant to arrive at a mutually satisfactory alternative to the proposed activities.  If agreement cannot be reached within six months, the applicant may file with the City Clerk a written appeal to the Board of Adjustment.  In acting upon the appeal, the Board may grant a variance from the strict interpretation of this ordinance when such will not materially affect the health or safety of the applicant and general public. (Ord. 762, §2)

 

 

Sec. 25-473.  Public safety exclusion.

 

      None of the provisions of this Article shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the Building Inspector, and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.  In the event any structure or other feature shall be damaged by fire or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. (Ord. 762, §2)

 

 

Secs. 25-474 to 25-475. Reserved

 

 

DIVISION 8.  FEES AND PENALTIES

 

 

Sec. 25-476.  Fees for nominations and Certificates of Appropriateness.

 

      The SJHPC shall recommend an appropriate system of processing fees for the review of nominations and Certificates of Appropriateness.  The person making the nomination will pay the designated fee. (Ord. 762, §2)

 

 

Sec. 25-477.  Unlawful to not comply with Article, penalty.

 

      It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nominated or designated Landmark or structure within a nominated or designated Historic District without a Certificate of Appropriateness. (Ord. 762, §2)

 

 

Sec. 25-478.       Unlawful to not maintain designated landmarks, structures within Historic Districts, 

                        penalty.

 

      It shall be unlawful to not maintain designated Landmarks or structures within designated Historic Districts within the minimum maintenance requirements of Division 6 of this Article. (Ord. 762, §2)

 

 

Sec. 25-479 Punishment for violations of the provisions of this Article.

 

      Any person convicted of violating the provisions of this Article shall be punished by a fine no greater than Five Hundred Dollars ($500.00) or confinement in the city jail for a period not to exceed sixty (60) days, or both fine and confinement.  Each day each violation shall continue to exist shall constitute a separate violation. (Ord. 762, §2)

Sec. 25-480.  Reserved.