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BULLET St. Louis City Revised Code Chapter 25.48 Certificates of Use and Occupancy

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 25.48
Certificates of Use and Occupancy

Sections:

25.48.010 Required.
25.48.020 Approval by Community Development Commission.
25.48.030 No permit without Community Development Commission approval.
25.48.040 Standards for approval.
25.48.050 Exceptions.
25.48.060 Procedure for changing standards.
25.48.070 Planning law.

25.48.010 Required.

A certificate of use and occupancy shall be required, in addition to that required by the building and zoning codes of the city, for any dwelling unit or building which is to be rented, leased or purchased by, through or for the St. Louis housing authority, and for any dwelling unit or building which in any way whatsoever will be subsidized with governmental funds in its renting, leasing or purchasing.
(Ord. 56167 1, 1972.)

V.A.M.S.:

99.010 et seq. Housing authority law

Ops. Any. Gen.:

St. Louis Housing Authority is a public body. No. 394, Nov. 2, 1967.

25.48.020 Approval by Community Development Commission.

No building permit or certificate of use and occupancy shall be issued for residential housing construction or use, which construction or use is in any way whatsoever to be subsidized with governmental funds, unless the application for the same is first approved by the Community Development Commission. For the purpose of this ordinance [chapter], a residential housing construction or use will not be considered as being subsidized with governmental funds if such construction or use is constructed, changed, altered, enlarged or remodeled through a loan guaranteed or insured by any government and if such housing construction or use is not subsidized with governmental funds in any other way.
(Ord. 56167 2, 1972.)

25.48.030 No permit without Community Development Commission approval.

When an application for a building permit to construct new subsidized housing units (as described hereinabove) and every application for a certificate of use and occupancy for units in subsidized existing buildings (as described hereinabove) is received by the Building Commissioner's office, it shall be forwarded promptly to the City Plan Commission for approval or disapproval. No such permit may be issued without prior City Plan Commission approval.
(Ord. 56167 3, 1972.)

25.48.040 Standards for approval.

Upon receipt of any such application, the City Plan Commission shall review same to determine whether the proposed new building or occupancy or use conforms with the standards set forth in "A Housing Program for the City of St. Louis 1970-1980" (hereinafter referred to as "housing program") which housing program is recognized herein and was approved by the City Plan Commission on the 12th day of May, 1971. If conformity with said standards is found, the application shall be approved, and if not, it shall be disapproved. The City Plan Commission shall notify the Building Commissioner in writing of its approval or disapproval. If the City Plan Commission notifies the Building Commissioner or the applicant of its approval or if the City Plan Commission fails to notify the Building Commissioner of either its approval or disapproval within forty-five days after receipt of said application, the application shall be deemed automatically approved. The Building Commissioner shall then be authorized to issue the necessary permit provided that the application complies in all other respects with the requirements of all applicable laws and ordinances. For the purposes of this chapter, any reference in said housing program to or use of the words "low-income residential developments" or "low-income dwelling units" or "low-income public housing units" or "residential developments for low-income families" or "residential developments for low-income elderly" or "low-income housing" shall be interpreted to mean any dwelling unit or group of dwelling units which is constructed or rehabilitated by, or for sale or for lease to St. Louis housing authority; or is an existing building to be sold or leased to said authority; and any dwelling unit which is to be constructed or rehabilitated under a mortgage program which now involves rent supplement payments from any governmental agency or under a mortgage program which contains an option, exercisable in the future, for use of rent supplement payments from any governmental agency.
(Ord. 56167 4, 1972.)

25.48.050 Exceptions.

A. Within thirty days after disapproval of any such application as described in Section 25.48.040, an applicant can apply to the City Plan Commission for an exception from its disapproval of such application. The City Plan Commission may recommend to the Board of Aldermen that an exception be granted for such application if it finds the following:

1. That although the application deviates from the aforementioned standards of the housing program, the deviation is of an insubstantial and insignificant nature; and

2. That the application conforms with other standards, criteria and objectives of said housing program; and

3. That special community facilities, including schools, public transportation, medical, recreational and employment opportunities are available in sufficient quantity and availability in the nearby vicinity of the proposed construction or use to justify the exception.

B. The City Plan Commission shall communicate its favorable recommendation of any application for an exception to the Board of Aldermen with its written factual findings supporting such recommendation. If the Board of Aldermen approves such recommendation by ordinance, the exception shall be granted. If said exception is so enacted into ordinance by the Board of Aldermen, the Building Commissioner shall issue the necessary permits requested by the said application provided the application complies in all other respects with the requirements of all applicable laws and ordinances.
(Ord. 56167 5, 1972.)

25.48.060 Procedure for changing standards.

The City Plan Commission may at any time recommend changes in the standards of the said housing program to the Board of Aldermen for ordinance enactment. The City Plan Commission shall be required to review said housing program on an annual basis beginning not later than one year from the effective date of this ordinance [March 29, 1973] and recommend to the Board of Aldermen any changes in said standards that the Commission deems necessary.
(Ord. 56167 6, 1972.)

25.48.070 Planning law.

This chapter is a planning law within the meaning of Section 99.130, Revised Statutes of Missouri, 1969.
(Ord. 56167 7, 1972.)

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